Adopting nephew from the Phillippines pls help...

[Huggybear1980 1]

I am still on a permanent resident and waiting for my time to process my US citizenship and I am also on process adopting my nephew age 14 from the Philippines, me and my Husband(the US citizen) is adopting him together hoping to give him a better future. Our lawyer is already on process(court hearings and legal proceedings ongoing right now). My question is say after we are granted and successfully adopted him how are we going to process the visa for him? I am wondering if I have to go over the same process reading about this Hague adoption and all that...can I just file Form I-130, Petition for Alien Relative, on his behalf as the adopted child of a United States Citizen (my husband) and do I have to have a separate form since right now I'm only a PR I understand I can file for my naturalization at least 90 days before my green card expired which is somewhere on Aug. Does anyone of u guys have adopted from the Philippines or have a similar experience pls help...thanks in advance.

[Huggybear1980 1]

I am still on a permanent resident and waiting for my time to process my US citizenship and I am also on process adopting my nephew age 14 from the Philippines, me and my Husband(the US citizen) is adopting him together hoping to give him a better future. Our lawyer is already on process(court hearings and legal proceedings ongoing right now). My question is say after we are granted and successfully adopted him how are we going to process the visa for him? I am wondering if I have to go over the same process reading about this Hague adoption and all that...can I just file Form I-130, Petition for Alien Relative, on his behalf as the adopted child of a United States Citizen (my husband) and do I have to have a separate form since right now I'm only a PR I understand I can file for my naturalization at least 90 days before my green card expired which is somewhere on Aug. Does anyone of u guys have adopted from the Philippines or have a similar experience pls help...thanks in advance.

[Boiler 45,525]

Adopting a relative does not directly  lead to an immigration benefit.

 

I think the last time I saw such a case they were going to move back and do the 2 years.

[Huggybear1980 1]

3 minutes ago, Boiler said:

Adopting a relative does not directly  lead to an immigration benefit.

 

I think the last time I saw such a case they were going to move back and do the 2 years.

thanks. And yes I read somewhere its gonna be at leats 2 yr process and must at least do all the necessary filing while the child is under 16 yrs old so I am like in a hurry and wondering what's the next step? Was hoping I can find any help fro here or if anyone has the same experience and whats the necessary steps...

[geowrian 22,337]

Does the nephew have a living parent who is legally capable of taking care of the child? If so, an adoption that is eligible for immigration benefits becomes a much, much more difficult (and sometimes impossible) task. If possible, it may require living abroad with the child for 2 years first. There's a number of requirements that have to be in place besides just a legal adoption...they are very tight on adopting a family member (or friend of a family member) for immigration purposes.

 

This is likely something best discussed with an immigration attorney that focuses on international adoptions.

[Huggybear1980 1]

3 minutes ago, geowrian said:

Does the nephew have a living parent who is legally capable of taking care of the child? If so, an adoption that is eligible for immigration benefits becomes a much, much more difficult (and sometimes impossible) task. If possible, it may require living abroad with the child for 2 years first. There's a number of requirements that have to be in place besides just a legal adoption...they are very tight on adopting a family member (or friend of a family member) for immigration purposes.

 

This is likely something best discussed with an immigration attorney that focuses on international adoptions.

Thanks...was hoping i can do it on my own...my nephew was like an abandoned child so we are in process of adopting him through the legal agency in the Philippines we call it Department of Social Welfare and Development, his mom left him when he was 1 yr old and since then my mom ( who died before my nephew's 2nd birthday) and I took care of him, he lives with me till I left and promised to bring him over here. he is currently living with my aunt and I am supporting him I am hoping to bring him over without spending much if I can do the paperworks on my own after the legal proceedings in the Philippines, my brother is alcoholic and is willing to give sign all the necessary documents and willing to cooperate so that's not a problem at all...

[Boiler 45,525]

Adopting him I do not know, sounds like you have that covered, bringing him to the US is a totally different issue.

 

You mention Naturalisation  so sounds like you are staying in the US?

[Huggybear1980 1]

1 minute ago, Boiler said:

Adopting him I do not know, sounds like you have that covered, bringing him to the US is a totally different issue.

 

You mention Naturalisation  so sounds like you are staying in the US?

yes I can file my naturalization sometime in June...we are living in Texas

[carton025 38]

Based on my education and experience the USCIS is going to require you to show that you have lived with child at least 2 years pror to adopting the child according to USA requirements. I may be wrong, but...

[carton025 38]

It is my understanding to adopt a foreign child, relative or not, the person(s) wanting to adopt the child must show at least 2 yrs residence/living with the child to meet USCIS requirements to migrate the child to the USA.

[Hank_ 9,174]

5 hours ago, Huggybear1980 said:

I am still on a permanent resident and waiting for my time to process my US citizenship and I am also on process adopting my nephew age 14 from the Philippines, me and my Husband(the US citizen) is adopting him together hoping to give him a better future. Our lawyer is already on process(court hearings and legal proceedings ongoing right now). My question is say after we are granted and successfully adopted him how are we going to process the visa for him? I am wondering if I have to go over the same process reading about this Hague adoption and all that...can I just file Form I-130, Petition for Alien Relative, on his behalf as the adopted child of a United States Citizen (my husband) and do I have to have a separate form since right now I'm only a PR I understand I can file for my naturalization at least 90 days before my green card expired which is somewhere on Aug. Does anyone of u guys have adopted from the Philippines or have a similar experience pls help...thanks in advance.

 

4 hours ago, Huggybear1980 said:

Thanks...was hoping i can do it on my own...my nephew was like an abandoned child so we are in process of adopting him through the legal agency in the Philippines we call it Department of Social Welfare and Development, his mom left him when he was 1 yr old and since then my mom ( who died before my nephew's 2nd birthday) and I took care of him, he lives with me till I left and promised to bring him over here. he is currently living with my aunt and I am supporting him I am hoping to bring him over without spending much if I can do the paperworks on my own after the legal proceedings in the Philippines, my brother is alcoholic and is willing to give sign all the necessary documents and willing to cooperate so that's not a problem at all...

 

Adopting close family member isn't difficult for the Philippines... it is getting the adoption recognized by the embassy (to allow for immigration) that will cause you issues.

 

https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/adoption/?_ga=2.188440616.1043803373.1513666048-1334164740.1502093224

 

Domestic Adoptions (Not for Immigration Purposes)

U.S. citizens residing in the Philippines who are interested in adopting a Filipino child through the Philippine Courts must meet the following conditions pursuant to Philippine adoption law:

• Be resident in the Philippines for at least three years prior to the filing of the adoption petition and maintain such residence until the adoption decree is entered by the Philippine court.
• Possess a certification of legal capacity to adopt issued by the appropriate government agency from your state of residence.

The Philippines government may waive these requirements in the following cases:

• A former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity, as defined under Philippines law; or
• A person who seeks to adopt the legitimate son/daughter of his/her Filipino spouse

**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 can be 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:

• 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, which ever comes first. 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).

 

Edited April 11, 2018 by Hank_

[Unlockable 7,314]

Like others have said, it isn't adopting your nephew that will be the problem... it is being able to immigrate him to the US that will be a struggle. US immigration is extremely strict and almost impossible to bring a child that is a relative and have living parents to the US through adoption. 

 

We know you want to give it a try, but just want you to be aware of the hurdles you face. Also, I am not saying it won't happen, but you should have a back up plan just in case you are not able to immigrate him.

 

All in all, please keep us updated on you progress.

[SusieQQQ 11,586]

As above, the key factor is 

Under the INA, a child who is adopted abroad while under the age of 16 and who has been in the legal custody, and has resided with, his or her adoptive parent(s) for at least two years may be the beneficiary of a U.S. Citizenship and Immigration Services (USCIS) I-130 petition

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/immigrant-visa-process.html

 

But there is more to the process, and I’d suggest you contact an attorney who specializes in this (the immigration angle not just the adoption) to ensure that you are able to follow all the steps and that you don’t end up legally adopting and being responsible for someone that you can’t actually bring to the US. 

Edited April 11, 2018 by SusieQQQ

[Hank_ 9,174]

Unless she can live in the Philippines with the child for at least 2 years .. immigration isn't happening.   And she is a few years away from U.S. citizenship to be able to complete the 2 year requirement without giving up her legal status in the USA

[Boiler 45,525]

Seems like it is something for next year, after she has her Citizenship and can move back.