chioparis

Hi Serafort, any luck getting the DCF request accepted in Ciudad Juarez consulate?

Hi Rick, almost 10 years of your post! But interested to know more about your DCF, did you request due to job relocation or another reason?

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?

8 minutes ago, Family said:

It will need to have a date for you to start …for example within 60 or 90 days from when you show letter to CDJ and ask to qualify for DCF

 

 

 

Thank you for that. And for linking that forum topic

21 hours ago, Family said:

You should work on trying to get a job offer ( in writing) from a US company around the time adoption is final...

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?

Just now, Rocio0010 said:

But then if it does, what would be the issue?

The consensus and the data says none 🙌

46 minutes ago, Rocio0010 said:

Yeah I know and I agree with you, I was just saying if OP decided to conceal/ misrepresent their relationship, it might bring issues in the future should the kid petition for someone else 

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

49 minutes ago, Family said:

You are to be commended for stepping in , moving your life there and sticking it out for the last five years. Even as your husband grumbles but commutes to support the family. 

There is no scrutiny of the adoption on any grounds other than meeting the statutory requirements. ..and if the biological mother relinquished parental rights and biological father never bothered to claim/ legitimate child ( let alone love and support her) then he has zero part in this process.

 

Stay clear on your path, get the adoption finalized and you will be fine.

 

 

 

 

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. "

22 minutes ago, Mike E said:

The basis behind my question is that my impression (from years of reading visajourney) is that USCIS / State take dim views of adoptions of  relatives whose biological parents are still living and still capacitated. The oft-post “Can I adopt my niece” question for example. 
 

Hence my question if the child was an orphan. 
 

@Family will hopefully correct me but this no longer is text book as I earlier proclaimed.
 

And this was critical information missing from  your OP.  I can understand why you are having trouble finding a lawyer. 
 

It’s looking like N-600K to me. 

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?

27 minutes ago, Timona said:

Her dad is still alive? 

It is unknown - he is not listed in her birth certificate and no one knows who it is.

23 minutes ago, Timona said:

Her dad is still alive? 

 

Even if the mother passed, her dad would be assumed to take care of her. 

 

Seems you're trying to immigrate non-direct relative through "adoption." I don't see this trick passing immigration. Good luck.

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.

1 minute ago, Mike E said:

Oh.

 

Orphan?

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)

18 minutes ago, Timona said:

 

Are you related to this child by any circumstance? niece? etc

Yes, she is the granddaughter of my cousin.

10 hours ago, tree248 said:

If you are all living together outside the United States when you hit all of the two year marks, could you alternatively apply for Citizenship directly through the N600-K process? At the end of that process, your child would be a citizen, and at any point after that you could all move back to the US whenever desired as Citizens?

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

7 minutes ago, Mike E said:

* physical custody. This is  always a pain to show: you need government records listing your child and you as living at the same address, school record for your child, your state drivers license should do it.  Or get your child a state ID of your state allows it.  

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

16 minutes ago, Mike E said:

Textbook IR-2

....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.

12 minutes ago, Family said:

Nice and well planned. You should work on trying to get a job offer ( in writing) from a US company around the time adoption is final and then email CDJ  to see if you qualify to do DCF ( direct consular filing ) for the I-130 . 
Do that before you file w USCIS ..who knows you may have a chance at a faster way home.

 

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.

1 hour ago, Family said:

In the meantime one of you could go back to the US if necessary for work ..

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

6 minutes ago, Chancy said:

 

How old is the child?

 

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

1 minute ago, Family said:

You can DIY an I-130 attempt as soon as you get the final adoption ( end of this year) and claim the local government entity custody as sufficient to prove legal custody. 
It will be less expensive than attorney fee and you have nothing to lose in trying. Use @Mike E s helpful post to make the argument that Legal Custody CAN be accrued prior to final order ..and just be prepared to repeat argument in case of RFE. 
 

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."

6 minutes ago, Boiler said:

I did a quick google and came up with lots of Lawyers, now obviously we do not know your situation in detail but it seems to fall into this category

 

Immediate Relative Petition
Under this third type of adoption, an adopted child is considered to be the child (or adult son or daughter) of the adopting parent if: (1) the parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances). You submit evidence of a full and final adoption

AND; (2) the parent had legal and physical custody of the child for at least two years while the child was a minor (certain other requirements must be met).

\

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.

10 minutes ago, Family said:

You will be able to file I-130 for child after you clock 2 years from when you can prove Legal Custody ( date of court order adoption) and 2 users of physical custody. 
Don’t file earlier than the two years required…even if you likely meet the Physical custody prior to adoption being finalized.

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process
The adoptive parent petitioner must have evidence of a full and final adoption and satisfy the 2-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits

"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))?

33 minutes ago, Jorgedig said:

You’ll need an immigration lawyer.

 

Not sure what you mean “we did not adopt through Hague”?   The Hague convention applies to all adoptions through the countries that participate in the treaty.

 

 

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.

47 minutes ago, Boiler said:

This is a lawyer situation and normally the requirement is to have 2 years in your custody.

 

When are you looking to move?

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...