I-130 need to bring my daughter help please

[Desperate 2 0]

Desperate - are you a US Citizen or do you have a Green Card?

I am a US citizen

[Mark88 184]

I am a US citizen

And was the adoption a "Hague Adoption" or a "Non-Hague Adoption"? And how long ago did you file the I-800 or I-800A?

[Desperate 2 0]

And was the adoption a "Hague Adoption" or a "Non-Hague Adoption"? And how long ago did you file the I-800 or I-800A?

It was a Non-Hague adoption and did not file the I-800 it is an I-130 and file on October 22, 2012

[Mark88 184]

I'm not a 100% familiar with the adoption process, but it does seem you need an IR-3 Visa for your child. If I read through the process here

http://www.***removed***/greencard/adoption/immigrant-visa.html

I couldn't find anything filing an I-130 for this case. Are you sure an I-130 for a green card was correct? I'm asking this question, not that you wait another 6 months or so, and you're application is denied simply filing the wrong form. Maybe someone else in this forum actually went through a similar adoption process can help you.

[Desperate 2 0]

I'm not a 100% familiar with the adoption process, but it does seem you need an IR-3 Visa for your child. If I read through the process here

http://www.***removed***/greencard/adoption/immigrant-visa.html

I couldn't find anything filing an I-130 for this case. Are you sure an I-130 for a green card was correct? I'm asking this question, not that you wait another 6 months or so, and you're application is denied simply filing the wrong form. Maybe someone else in this forum actually went through a similar adoption process can help ,

A year and half when I emailed the embassy here in Bolivia they told me to send the I-130,I hope that is the correct app otherwise they should let me know by now because it is more than 7 months, don't you think?

Hey Mark do you have any idea if I can apply for a tourist visa for my daughter 'til all this process is done?

[Mark88 184]

A year and half when I emailed the embassy here in Bolivia they told me to send the I-130,I hope that is the correct app otherwise they should let me know by now because it is more than 7 months, don't you think?

Hey Mark do you have any idea if I can apply for a tourist visa for my daughter 'til all this process is done?

In my past experience, sadly half the consulate officers have mostly no clue of special procedures (CCA, adoption etc.). You really need specialists in this case. But here is how I understand it:

You can file I-130 for an adopted child if you have had at least two years of physical and legal custody of the child and the adoption is finalized.

How long have you had custody of her? What was the reason for you not filing I-800 before leaving the US? If you child is only one year old, your application will most likely be denied based on the quote from USCIS below.

Custody times also count before she was adopted. But you need to have custody of her for atleast 2 years BEFORE you file I-130.

You can apply for a tourist visa, but it will most likely be denied. A tourist/visitor visa is for travelers with the intention to leave the country once their vacation is over. I see a very hard case, that the officer in charge will let this go through.

Immediate Relative Process

If your child does not meet the requirements for the Hague or the non- Hague adoption processes, you may still be able to file Form I-130 on his or her behalf as the adopted child of a United States Citizen. Parents must accrue two years of legal and physical custody and obtain a full, final adoption of the child to be eligible to file an I-130. 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 two years must be accrued BEFORE you file Form I-130. Also, the adoption must be finalized before your child’s 16th birthday (or 18th birthday if they are a biological sibling of a child you have already adopted or will adopt). Your child will receive an IR-2 immigrant visa if he or she is found eligible.

Source: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=d0d049c62ed6e210VgnVCM100000082ca60aRCRD&vgnextchannel=d0d049c62ed6e210VgnVCM100000082ca60aRCRD

Edited June 3, 2013 by Mark88

[Mark88 184]

Were you able to get new information. How long has it been, since you adopted your daughter?

[aaron2020 11,651]

The baby is 7 months old. This is a non-Hague adoption. You filed in October 2012 around the time of birth.

You do not meet the 2 years of legal custody to being the child to the US.

Unfortunately, many people believe if ther is a legal adoption, then the child can get an immigration visa. This is not true since the US has a law that specifies only adoptions that meet certain requirements qualify for visas.

Are you related to the parents? Are they both alive?

Have you checked to see the requirements for an adopted child to qualify for a visa in the USCIS website?

Do you know that in cases like yours, the US Embassy will require an in-country (foreign country) investigation to see if the child qualifies for a visa a your adopted child?

While you may need to come back to the US, immigration does not work on your schedule. The US Embassy has to investigate so you'll be outside the US for at least several more months.

Sorry about your situation.

Edited June 5, 2013 by aaron2020

[Mark88 184]

The baby is 7 months old. This is a non-Hague adoption. You filed in October 2012 around the time of birth.

The OP postet, that she filed the I-130 7 monthas ago. She didn't mention the age of the child (see below).

I sent my application on October 22 of 2012 for my Adopted daughter, is almost 7 months and still have nothing...

Desperate - Please provide more details, as you can see, there others that want to help you in this situation.

[Desperate 2 0]

Were you able to get new information. How long has it been, since you adopted your daughter?

Hi Mark,

The senator of my home state just email me stating this;

USCIS officials write "Thank you for your inquiry on behalf of your constituent, Sandra Sainz, regarding her pending Form I-130, Petition for Alien Relative. USCIS records show that Form I-130 was filed October 22, 2012 and it remains pending at this time. Due to lack of resources, the current processing time for I-130s is 6 to 12 months. We will notify the constituent as soon as possible if any further information is needed, or when a decision has been made."

So I guess I just need to wait, but I will try to apply for a non immigrant visa here in La Paz Bolivia I will let you know what they say.

I thank you for all your help.

Edited June 5, 2013 by Desperate 2

[Mark88 184]

Desperate - I think you don't understand the situation: If you had less then two years custody of your child, your application will be denied. If this is the case, you should prepare for other possibilities. Waiting another 5 months or so will only cost you time. This is why we're asking how long is it since you adopted your daughter?

Hi Mark,

The senator of my home state just email me stating this;

USCIS officials write "Thank you for your inquiry on behalf of your constituent, Sandra Sainz, regarding her pending Form I-130, Petition for Alien Relative. USCIS records show that Form I-130 was filed October 22, 2012 and it remains pending at this time. Due to lack of resources, the current processing time for I-130s is 6 to 12 months. We will notify the constituent as soon as possible if any further information is needed, or when a decision has been made."

So I guess I just need to wait, but I will try to apply for a non immigrant visa here in La Paz Bolivia I will let you know what they say.

I thank you for all your help.

[Desperate 2 0]

Desperate - I think you don't understand the situation: If you had less then two years custody of your child, your application will be denied. If this is the case, you should prepare for other possibilities. Waiting another 5 months or so will only cost you time. This is why we're asking how long is it since you adopted your daughter?

My daughter is more than two years with me.

[Mark88 184]

My daughter is more than two years with me.

In that case, you're chances of the I-130 look good in getting approved. But like Aaron mentioned, the Embassy might conduct further investigation. I would prepare myself for a couple more months abroad.

[aaron2020 11,651]

Is the child an orphan? Are you related to the parents?

Please answer these questions.

Second request.

The answers to these questions are likely to affect the petiion for your adopted child.

These questions have been asked before.

Edited June 6, 2013 by aaron2020

[Desperate 2 0]

Is the child an orphan? Are you related to the parents?

Please answer these questions.

Second request.

The answers to these questions are likely to affect the petiion for your adopted child.

These questions have been asked before.

I am not related to the parents, the mother gave it to me because she did not want the baby.