How do I bring my legally adopted child in the Philippines to the US.

[speedybagal 0]

hello,

I am a US citizen living in the US and have legally adopted a minor child in the Philippines. I am about to file I-130, but I have questions regarding the legal custody and residency issues. my questions are: 1) When a Philippine court makes its final decision granting legal adoption, is it retroactive to to the date when I first filed my petition for adoption? If so, do I base the beginning of my legal custody on this date? does the USCIS recognize this retroactive date? 2)How lenient is the USCIS regarding residency. Do I have to physically live in the Philippines for 2 years? because in my case I am only able to be with my child every six months (1 month long visits twice a year) because I work here in the US. At this time my child is being taken care of by close relatives in the Philippines.

[Pinay Wife 47]

1) When a Philippine court makes its final decision granting legal adoption, is it retroactive to to the date when I first filed my petition for adoption? If so, do I base the beginning of my legal custody on this date? does the USCIS recognize this retroactive date?

2)How lenient is the USCIS regarding residency. Do I have to physically live in the Philippines for 2 years? because in my case I am only able to be with my child every six months (1 month long visits twice a year) because I work here in the US. At this time my child is being taken care of by close relatives in the Philippines.

Section 13 of RA 8552 (An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino Children) states that the adoption shall be effective as of the date the original petition was filed.

Sec. 13. Decree of Adoption. — If, after the publication of the order of hearing has been complied with, and no opposition has been interposed to the petition, and after consideration of the case studies, the qualifications of the adopter(s), trial custody report and the evidence submitted, the court is convinced that the petitioners are qualified to adopt, and that the adoption would redound to the best interest of the adoptee, a decree of adoption shall be entered which shall be effective as of the date the original petition was filed. This provision shall also apply in case the petitioner(s) dies before the issuance of the decree of adoption to protect the interest of the adoptee. The decree shall state the name by which the child is to be known. http://www.chanroble...icactno8552.htm

2)How lenient is the USCIS regarding residency. Do I have to physically live in the Philippines for 2 years? because in my case I am only able to be with my child every six months (1 month long visits twice a year) because I work here in the US. At this time my child is being taken care of by close relatives in the Philippines.

http://manila.usemba...v/wwwh3205.html

IMPORTANT NOTICE TO PARENTS ABOUT DOMESTIC ADOPTIONS

U.S immigration law has clear and specific provisions regarding qualifications for immigration. If you are attempting to bring someone who is not your child by birth, the following conditions must be met before that child is eligible for an immigrant visa:

• The child must have been legally adopted before the age of 16 (or be the sibling of a child who was adopted by the same parents while under the age of 18). The adoption must be legal and final. Simply providing financially for the child does not satisfy the legal adoption requirement. To satisfy U.S. visa requirements, the child must have been legally adopted pursuant to a final decree issued by a court having jurisdiction over the matter.
• In addition to the adoption decree, there are two additional requirements that must be met to be eligible for a U.S. immigrant visa as the child of an American citizen:
  • The adoptive parents must have had legal custody of the child for at least two years. "Legal custody" must be awarded by order of a court or recognized government entity. The start of legal custody begins the date the adoptive parents were granted legal custody of the child, or the date the adoption was finalized, whichever comes first (in the Philippines, the grant of custody is retroactive to the date the petition was filed). An informal custodial or guardianship document, such as a sworn affidavit signed before a notary public, is insufficient for this purpose.
  • The child must have physically resided with the adoptive parents for at least two years prior to immigration. During this time, the adoptive parents must exercise primary parental control. Evidence must be presented to establish that the child and the adoptive parents had a bona fide parent-child relationship during any periods they resided separately.

  [*]Finally, the child must satisfy all primary documentary requirements for an immigrant visa, and provide the following documents to establish their legal status as a child of the petitioner:

  • A certified copy of the adoption decree,
  • A certified copy of the Certificate of Finality of the adoption,
  • A certified copy of the child's original birth certificate before the adoption,
  • A certified copy of the child's birth certificate amended after the adoption,
  • The legal custody decree (if custody was awarded before the adoption),
  • Evidence that the child resided with the adoptive parents for at least two years, during which time they exercised primary parental control, and
  • If the child was adopted at age 16 or 17 years, evidence that the child was adopted together with, or subsequent to, the adoption of a natural sibling who was under age 16 by the same adoptive parent(s).

The provision "Evidence must be presented to establish that the child and the adoptive parents had a bona fide parent-child relationship during any periods they resided separately" could be a loophole that you can use to your advantage. Provide plenty of evidence that you have plenty of communication with your child, provided financial support, visited reguarly, etc. etc.

[speedybagal 0]

Thank you very much for your very informative response Pinay Wife... I'm just wondering if there are other people with similar experiences.

[PINAY_BB 0]

hello,

I am a US citizen living in the US and have legally adopted a minor child in the Philippines. I am about to file I-130, but I have questions regarding the legal custody and residency issues. my questions are: 1) When a Philippine court makes its final decision granting legal adoption, is it retroactive to to the date when I first filed my petition for adoption? If so, do I base the beginning of my legal custody on this date? does the USCIS recognize this retroactive date? 2)How lenient is the USCIS regarding residency. Do I have to physically live in the Philippines for 2 years? because in my case I am only able to be with my child every six months (1 month long visits twice a year) because I work here in the US. At this time my child is being taken care of by close relatives in the Philippines.

Did you get to immigrate your son without getting a legal custody? I am on the same boat here and this "2year leal custody" is driving me nuts! We didn't get legal custody since the lawyer said the retroactive date will satisfy the USCIS two year rule. Hope you can get back to me speedybagal

[Hank_ 9,174]

Did you get to immigrate your son without getting a legal custody? I am on the same boat here and this "2year leal custody" is driving me nuts! We didn't get legal custody since the lawyer said the retroactive date will satisfy the USCIS two year rule. Hope you can get back to me speedybagal

- psst ... this topic is 4 years old.

[PINAY_BB 0]

- psst ... this topic is 4 years old.

I know;) but there are even older post than this one, but sometimes they still answers questions. I was just hoping.

[Hank_ 9,174]

I know;) but there are even older post than this one, but sometimes they still answers questions. I was just hoping.

Yes there are older posts, no doubt about it, people tend to disappear after awhile.

May I suggest you start a new topic.

[PINAY_BB 0]

Thank you Hank! I might try your suggestion.

[danver 15]

I have a pinay friend who legally adopted her daughter while she was still in the Phils..when she got here her husband filed the I 130 for the child and shes here now with no issues.