wheresmyrainbow

More questions - does the US job offer have to be equal or better to current job to qualify? Could argue overall quality of life and income to expenses is better? If the consulate accepts your I130 is it possible (or likely) to get denied further in the process? Could they initially accept my imminent need to leave the country and then after we pay fees and travel for interview, etc then deny us for not being a good enough reason? I know I'm asking a lot of questions but if you knew how we had suffered over the last 5 years you would understand. I need to be vague for privacy reasons. We need to be home with family ASAP.

I have not applied yet. I think it’s a little confusing since some threads were merged but my question was if I have to have a job offer to qualify for DCF because where the policy lists the possible acceptable reasons it says adoptive family with imminent need to depart the country, that is a separate reason from having a job offer.

Well I emailed Montreal, and they didn't really answer my question if we will qualify based on our imminent need, just general response about if we are confident we will qualify, to send XYZ information.

No for our process we will use I130 as a family process because we have lived together overseas for 2 years. I864/tax returns should not be needed because the kids will become citizens immediately after arrival.

You might be right, but on the other hand it says after living together 2 years, so I don’t know. I wish I felt more confident about it. Thanks for answering my question.

Yes we left our kids birth country after a year and moved to Canada, been here almost a year but financially struggling a lot.

Reading USCIS policy manual here, wondering if we can really qualify for DCF without a job offer. Under the adoption reason given by USCIS it doesn't mention a job offer just says "imminent need to depart" and our imminent need is severe financial strain (will explain need to live with family and have help with childcare). Any opinions on our chances? I don't see many posts about DCF involving adopted children, so it's hard for me to know if I would be successful. I'm nervous to ask the consulate because if they say no, then I come back later and have a job offer, will that look shady? I may still get a job offer, but I'd prefer not to wait for that if I don't have to, plus I don't want to have to leave my kids to start a job while the rest of the process is pending. Chapter 3 - Filing | USCIS 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.

Thanks, I'm not able to file anything until Oct 1 because I have to fulfill certain requirement for my kids to be eligible, so I have to wait until then either way.

I want to get back to the states as soon as I can, been away too long.

Yeah I get that but I don't want to be separated from my kids very long. If I knew it would only be a month tops it would be OK but hearing that Montreal can be difficult and slow, I'm worried to leave first for an unknown amount of time.

I'm just curious how people are explaining your overseas situation when you're applying for jobs in the States? During the interview, do you mention you'll need a start date in a few months, or it might be delayed more due to immigration? Do you wait until you get the offer letter, then say "by the way...I have this complication"? I can't apply for DCF until earliest Oct 1 (because of needing to meet certain immigration requirements) with estimated start date of Dec or Jan so I thought it might be a little early for me to apply now, but I saw a good opportunity and went for it. The company was really nice but told me to check back closer to 1-1.5 months prior to desired start date, which probably would not work for me having to deal with Montreal consulate (which I've heard takes longer than others). Just looking for advice to form my strategy.

Hi, yes their adoption was complete in their birth country and we have been living with them almost 2 years so we will file I-130 at the right time. The info for DCF has adoption listed as one of the acceptable special circumstances.

That's great to hear, thank you for the detailed update! We might be doing the same thing in a few months, also in Vancouver. Best wishes for your life back in the States!

Did you have any luck with the DCF?

If you have gone through or are going through Direct Consular Filing with Montreal Canada consulate, please let me know how long the process took?

Update, after reading some more posts in the Canada forum, I think I've found 1 office near Vancouver that does US immigration medical, so hopefully that will work for us.

To clarify, if the young children are the only ones applying, and don’t have to attend interview, that means no one would attend interview so no interview at all? Makes sense in my head but not sure if that’s the way DOS/consulate thinks? I haven’t been able to find info on where the approved medical offices are located - is it only in Montreal, or surely they have one near Vancouver (I hope!)?

I (USC) would be applying for my adopted children only, who are very young/preschool age. We live in Vancouver and wondering if they would require us to travel all the way to Montreal for an interview, when I think children do not normally require an interview? For DCF process, I've read the USC only attends when submitting the I-130, then could technically leave Canada while the immigrant waits out the rest of the process. In my mind, that should not require any of us (me or kids) to travel to Montreal - any thoughts?

Yes I understand I do need to file taxes, just for various circumstances over the past 2 years it's been very challenging. I intend to file and get everything caught up after we return to the US. We shouldn't owe anything but I understand it still needs to be done. To clarify, I am a US citizen, and I would be petitioning for my adopted children. According to what I've read, due to Child Citizenship Act they will be admitted as LPR/green card but immediately change to citizens, therefore the I-864 and financial sponsor not needed. On the I-864 form instructions, it says: Are There Exceptions to Who Needs to Submit Form I-864? The following types of intending immigrants do not need to file Form I-864: 2. A child who will automatically acquire U.S. citizenship under INA section 320, as amended, upon being admitted to the United States. Children become U.S. citizens upon admission to the United States as a lawful permanent resident (LPR) or adjustment of status to an LPR if they are under 18 years of age, unmarried, and residing in the United States in the legal and physical custody of their U.S. citizen parent. They also need to meet the definition of child at INA 101(c) which is applicable to citizenship. (For more information on definition of child, see USCIS Policy Manual, Volume 12, Part H, Chapter 2, Definition of Child for Citizenship and Naturalization at https://www.uscis.gov/ policy-manual/volume-12-part-h-chapter-2). Adopted children need to meet the requirements applicable to adopted children, including having a final adoption (See uscis.gov/adoptions) I just recently learned about that exception so I hope my understanding is correct because that's very exciting!

No we haven’t, but I believe the I-864 is not required in our case (our kids will become citizens as soon as they enter US) so I’m hoping for that reason it won’t be necessary? good ideas to show housing search and yea there would be a job offer.

I have maintained an address with a relative for my US-state drivers license, voting, and bank account. But when we move back to the US, we'd be going to a different state (would have a job offer in a different state). Is there any issue with that change as far as maintaining US domicile?

Correct, trying to prepare

It’s not definite yet but anticipating in the next 4-5 months. Is there a way I could pass on citizenship? They were adopted from a non-Hague convention country, do not meet the “orphan” criteria so doing the family-based process where we live with and have legal custody for 2 years before we file, as you said with I130.

No they are not USC’s yet, applying to bring them to the states as a LPR but they will automatically convert to citizen once we are living in the states. That’s my understanding of the process.

Considering DCF for my adopted children, we have to live together for 2 years before we'd be eligible. So I'm looking at ways to best prove that. 1. Photos - I thought I would screenshot each photo on my phone to show the date/time it was taken, that way I can show regular presence together throughout the 2 years. I was thinking maybe I would add the photos in a power point document, but I'm not very technically savvy so not sure if that's the best way? 2. Affidavits/letters - I thought we could ask various people to state what their relationship is with us and how they witnessed us living together and caring for the children? Wondering if there is a certain format that should be used, if it can be scanned to me or if I need the original, and if it has to be notarized? 3. We are also compiling proof of flights, different residence permits, school and immunization records to show we were together and caring for them as our kids. Any ideas welcome!