adopted "stepson" on-going trip thru immigration

[sirena1296 0]

Hi....

I am an USC, born and raised, i married a mexican citizen almost 17 years ago. In 2008, (hang my head in embarrassment) my husband informed my he was the soon to be father in Mexico. (I also not go into details of that)

We decided since the "mother" did not want the child and my husband did, that we would raise the child. So in May 2008, we arrived in Mexico, to await the child's birth. 3 days later, we had a son....I walked out of the hospital the next day with baby in my arms.

July 2008, applied for a visitor visa for my son, denied, immigration said the baby was too young to travel without his birth mother. (Who has the right to tell someone that their child is too young to travel with a parent)

July 21, 2008...filed I 130....sept 17, 2008 approved....March 2009 appointment at embassy....denied...made to do DNA test...can you believe , 0% chance hubby was biologically father...child's passport revoked...told only solution was to adopt, and send birth certificate to embassy to reopen case.

Jan 21, 2010.. started adoption of my son.....Mexican law states that a father is the father solely voluntarily due to signing birth certificate. A full and final national adoption was complete April 2010. Embassy refused to reopen case due to the two year custody requirement.

May 2012...filed I 130.... denied, lack of sufficient evidence. Only option was to appeal..appeal sent sept 1, 2012........desmissed June 2013. The evidence sent was sufficient to re file, via did not accept new evidence.

Sept. 3, 2013... refiled a I 130, with every piece of evidence we could find. Accepted on sept 6, 2013. Now I have been living in a small town in Mexico for 5 years, 4 months, 2 days, 1.5 hours with my son, while my GC holding husband is in the states..

Has anyone any advice in this situation? USCIS states there is no precedence for this situation.

[dwheels76 5,468]

But you said 0% chance your husband is the father right? So why are you proceeding?

If he isn't the father you both will have to go through regular adoption proceedings right?

And if he adopts also the 2 year rule would apply for him so he would have to move to Mexico.

This is a new one I really don't know I think I am confused,

[sirena1296 0]

Yes.. 0 % chance, but we had already had him in our physically custody for almost a year. My husband was still the legal father of this child according to Mexican law. I and I alone adopted my husband's child. This little boy is my heart and soul. I completed the physical and legal custody in 2012. My husband has has legal custody since our son was 1 week old, when he signed the birth certificate. And physically lived with us off and on for approximately one year.

I am getting nervous....

[dwheels76 5,468]

Yes.. 0 % chance, but we had already had him in our physically custody for almost a year. My husband was still the legal father of this child according to Mexican law. I and I alone adopted my husband's child. This little boy is my heart and soul. I completed the physical and legal custody in 2012. My husband has has legal custody since our son was 1 week old, when he signed the birth certificate. And physically lived with us off and on for approximately one year.

I am getting nervous....

Oh okay I get it. Well you meet all the requirements and you now waiting for the I-130 NOA2 approval. I get it now. Okay I see no reason for any issue especially with husband already in the US. Just prepare for the wait but the new service center is opening on the 28th so hopefully approvals will be fast fast. All the best. I love the love you have that great.

[sirena1296 0]

I am nervous because I've never dealt with NBC.... but, I do hope it goes quick...I am ready to take my son home to US and start our "real"life as a family. He deserves more than just mom, he needs the entire family network.

He is an awesome person, who physically resembles my husband and resembles me in all else, I love him more than I can explain.

Thank you for responding..even a little support goes a long way.....

[wendy198 1]

Hopefully it will work out this time. but if not, isn't this more an adoption question than immigration? Maybe adoption support groups could offer advice, or an adoption attorney?

[NigeriaorBust 4,087]

There was a Nigerian /USC couple where there were previous children for the Nigeria , birth mom dead, and DNA came back negative. I am not sure if they ever got though the mess. But they were denied initially and the man was dealing with knowing his kids weren't his. This was about 4 years ago on here.

[Mark88 183]

So if the 2 year rule is up, and the adoption is finalized in Mexico, what was the reason for denial in 2012? The whole story before that wouldn't have had mattered, since it was a finalized adoption.

[sirena1296 0]

Lack of evidence... I didn't send in all that I should have....but, BIA says the evidence I now have is sufficient to reapply....never take for granted what the people on the customer service line tell you...always ask for written instructions, or what law, so you can read it in black and white.

The BIA also told me that mexico is a hague convention country, that I need to follow those guidelines. But, that is NOT true due to the law..the third option of adoption. That and my husband IS by Mexican law the father. And I was a resident alien (FM 2) for over a year before the adoption, and the adoption was a FULL and final adoption in mexico..

All I do is surf websites both in US and mexico looking for answers...

I sent so much supporting documentation this time, I will be flabbergasted if they request any additional documents. I covered every base thoroughly...

The said thing, I have to pay around $5000 pesos a year to live here while waiting for visa.. but I guess my son is worth that and more....

[sirena1296 0]

Update:

With a little help from my senator...my USCIS application was approved...within 3 days of the senator and myself requesting to expedite our case! Yeah! That was Jan 15, 2014¡

We have paid all fees and submitted all documentation, I-864w ( since he is ir2 and will become us citizen upon legal entry to US) and the d- 260

Now..the "20 business day" wait.....hopefully i get an appt letter before then! 6 years waiting in Mexico....we are ready to go home to USA! I hope and pray !