chioparis

I am helping my cousin with her i485 and i130. She lives in border towns (El Paso/Ciudad Juarez). She has a rental in ciudad juarez, and her USC husband lives in El Paso TX, she goes back and forth with a B1/B2 visa. I wanted to pick your brains on some things: >Does she need to settle down in El Paso without crossing into Juarez for a reccomended # of days /months before sending i484 and i130? >When she does decide to settle down in El Paso - does she need to request an i94 permit? She currently doesnt have one because she doesnt travel outside of the border town of El Paso. Thank you in Advance for answering my question.

I am helping my cousin and her husband file for her the i130 and i485, they are married, she entered the US with a tourist visa and wants to adjust status while in the US. This is how I successfully immigrated my husband But then I saw the guide in visa journey: https://www.visajourney.com/guides/i130-spouse-inside-usa/ And it clearly states not to file while she is living in the US... is it just extra precaution?? Doesn't everyone file this way?

Thank you for that. And for linking that forum topic

Just to clarify - My future employer must have in writing that they will hire me once I am back in the United States? Or do they need to put an actual date?

The consensus and the data says none 🙌

...not concealing, but mostly wondering if the relationship would come up at all.

Thank you 🙏 this is what I have gathered from my research as well. We just want to go home with our daughter. No tricks or games, just a young family trying to come home and provide a better life in a better place to our kid! Living here with cartel presence/violence is no joke 😵‍💫

It seems the process doesn't change because we are related... but maybe I am interpreting this wrong? LINK "U.S. citizens wishing to adopt a child relative from abroad and then petition for that child to immigrate to the United States following the completion of the adoption must generally proceed in the same way as non-relative U.S. prospective adoptive parents. "

Is there really a way for USCIS to know we are related unless we volunteer that information? N600k would entail to apply for tourist visa then us citizenship once in USA? It is unknown - he is not listed in her birth certificate and no one knows who it is.

It might seem that way - but the truth is, the only reason we moved here from the US was to become parents for this child. So no tricks- this child is ours and calls us mom/dad. Now we are just trying to come home with our kid.

No - but.... her mother is the only one in her birth certificate and it's a sad reality, but we live in one of the most dangerous cities in the world and she hangs out with the toughest crowds. Would process change if she became an orphan? (Hope I don't sound so dark - but it is really dangerous here)

Yes, she is the granddaughter of my cousin.

The N600k is a little confusing as the instructions state that this process is for children of us Citizens living abroad - but they must be in the United States. So I'm guessing we would have to apply for some type of Visa prior so she can enter lawfully into the US

I've been saving anything that can prove physical custody - but government records might be difficult, specially for the child.

....dumb question. The visa type is determined by USCIS after you file i130? IR2 Would be nice because it would mean automatic citize nship for my child.

Now that you mention it - I reached out to CDJ asking them how to request to file i130 there and save time. I was thinking about the job offer, but they do mention "adoption of a child" as an exceptional circumstance to file i130 there. https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3 "Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years." ****still - it mentions imminent need - so maybe I still need the job offer as you mention.

We live across the border, so husband works in US. Still - we can't wait to be back home in the US 🙏

The child is 9. She was placed in our care by gov entity (comparable to CPS in the USA) when she was 5.

According to them - as i read their policy ((below)) legal custody can be accrued before the adoption. I am planning on DIY'ing the i130 - 🤞 "Legal and physical custody can be accrued at one stretch of time or cumulatively over several periods. They can also be accrued before, during and after the adoption."

The 2year physical/legal custody is what's a little blurry to me. Since we got custody of the child (by government agency Oct 2021)... I am hoping this type of custody counts towards the 2 year legal custody requirement.

"Legal and physical custody can be accrued at one stretch of time or cumulatively over several periods. They can also be accrued before, during and after the adoption." It is confusing because it says that legal/physical custody can be accrued before, during and after the adoption. This excerpt from the USCIS website is what's fuzzy to me, but you are confirming, the 2 year legal custody is one thing and the 2 year physical custody is another. So if I am understanding you correctly - the 2 year legal custody starts when the court approves adoption ((even though we have custody from local government agency))?

You can adopt using Haugue guidelines, OR if you adopt while habitually living abroad, it gets a little fuzzy whether we will be able to immigrate the child with i130.

I have not been able to find a lawyer that is knowledgeable in our particular situation. We have custody from the local government entity, while the adoption is finalized in the courts. I estimate the adoption will be finalized towards the end of this year, but I want to have everything ready, all my research for when the moment comes. When we moved here, we didn't expect to be here more than 2 years, this year will be #5...

My husband and I (both US Citizens) moved to México to adopt a child. The adoption is almost finalized, so now I am looking into how to immigrate our adopted child into the United States. Hopefully you guys are knowledgeable in my particular situation given that: *Both countries are part of Haugue but we did not adopt through Hauge - worried i130 gets denied *Do we qualify to file at consulate - *Can we instead - apply for her to get a visa and then do i130/i485 once in the United States?