sirena1296

I adopted a child of a hauge country... I adopted him as a national, as I am resident of Mexico. I completed the two year legal and physical custody requirements. I filed I-130, this past sept 2013. I just rec'd my appointment letter..July 22.

Make sure the adoption is a FULL adoption. The adoption papers were sufficent to prove legal custody and my resident papers proved i was physically here for physical requirement. And in the adoption papers there were several witnesses who had testified to us living together as mother and son!

Read..read...read... everything you can on USCIS website..pertaining to "other" adoptions ... because as residents of that country..you don't follow hague nor nonhague rules...

Good luck!

Update:

With a little help from my senator...my USCIS application was approved...within 3 days of the senator and myself requesting to expedite our case! Yeah! That was Jan 15, 2014¡

We have paid all fees and submitted all documentation, I-864w ( since he is ir2 and will become us citizen upon legal entry to US) and the d- 260

Now..the "20 business day" wait.....hopefully i get an appt letter before then! 6 years waiting in Mexico....we are ready to go home to USA! I hope and pray !

Lack of evidence... I didn't send in all that I should have....but, BIA says the evidence I now have is sufficient to reapply....never take for granted what the people on the customer service line tell you...always ask for written instructions, or what law, so you can read it in black and white.

The BIA also told me that mexico is a hague convention country, that I need to follow those guidelines. But, that is NOT true due to the law..the third option of adoption. That and my husband IS by Mexican law the father. And I was a resident alien (FM 2) for over a year before the adoption, and the adoption was a FULL and final adoption in mexico..

All I do is surf websites both in US and mexico looking for answers...

I sent so much supporting documentation this time, I will be flabbergasted if they request any additional documents. I covered every base thoroughly...

The said thing, I have to pay around $5000 pesos a year to live here while waiting for visa.. but I guess my son is worth that and more....

I am nervous because I've never dealt with NBC.... but, I do hope it goes quick...I am ready to take my son home to US and start our "real"life as a family. He deserves more than just mom, he needs the entire family network.

He is an awesome person, who physically resembles my husband and resembles me in all else, I love him more than I can explain.

Thank you for responding..even a little support goes a long way.....

Yes.. 0 % chance, but we had already had him in our physically custody for almost a year. My husband was still the legal father of this child according to Mexican law. I and I alone adopted my husband's child. This little boy is my heart and soul. I completed the physical and legal custody in 2012. My husband has has legal custody since our son was 1 week old, when he signed the birth certificate. And physically lived with us off and on for approximately one year.

I am getting nervous....

Hi....

I am an USC, born and raised, i married a mexican citizen almost 17 years ago. In 2008, (hang my head in embarrassment) my husband informed my he was the soon to be father in Mexico. (I also not go into details of that)

We decided since the "mother" did not want the child and my husband did, that we would raise the child. So in May 2008, we arrived in Mexico, to await the child's birth. 3 days later, we had a son....I walked out of the hospital the next day with baby in my arms.

July 2008, applied for a visitor visa for my son, denied, immigration said the baby was too young to travel without his birth mother. (Who has the right to tell someone that their child is too young to travel with a parent)

July 21, 2008...filed I 130....sept 17, 2008 approved....March 2009 appointment at embassy....denied...made to do DNA test...can you believe , 0% chance hubby was biologically father...child's passport revoked...told only solution was to adopt, and send birth certificate to embassy to reopen case.

Jan 21, 2010.. started adoption of my son.....Mexican law states that a father is the father solely voluntarily due to signing birth certificate. A full and final national adoption was complete April 2010. Embassy refused to reopen case due to the two year custody requirement.

May 2012...filed I 130.... denied, lack of sufficient evidence. Only option was to appeal..appeal sent sept 1, 2012........desmissed June 2013. The evidence sent was sufficient to re file, via did not accept new evidence.

Sept. 3, 2013... refiled a I 130, with every piece of evidence we could find. Accepted on sept 6, 2013. Now I have been living in a small town in Mexico for 5 years, 4 months, 2 days, 1.5 hours with my son, while my GC holding husband is in the states..

Has anyone any advice in this situation? USCIS states there is no precedence for this situation.

Becareful, was told by embassy that they do not give tourist visas to those who apply for immigrant visas....you must wait out the process... if they by chance allowed it you would have to prove without a doubt you'd leave the us before tourist visa expired......

Did your father live in the us? Seems i read that if the parent (you) did not live in us for 5 years but the parent of the parent had, then you could.

I dont know if the laws are different for france, but go register YOUR child at the american embassy.....i have a friend here in Mexico who is a us citizen, she took the childs birth certificate to embassy and register her child as a biologically child of us citizen born abroad.

Call your american embassy.....