Spousal Visa with Adopted Child - Any Advice?

[David & Paulyn 22]

Background information: I am married to a Filipina since 2011 and we have been living here in the Philippines together since 2006. She was previously married and that marriage was annulled in 2011. My wife has 3 children from her first marriage. Upon annulment, her children were considered illegitimate under Philippine law. In 2016, we jointly filed a petition to legally adopt (and legitimize) her children. In March 2020, this adoption was finalized with a date of effectivity from Oct 2016. We have a small business here in the Philippines. I am 53 years of age.

 

For many reasons, we have decided to emigrate to the United States. My youngest child turns 17 in October and I want to make sure she acquires her US citizenship before she turns 18. I plan on returning to the US in June to establish our small business there, in Denver, CO.

 

I would love input as what is the fastest way to get my wife and 16 year old daughter to the US with me. There seems to be many paths, but it's very confusing what is the best and fastest way. Hoping to hear from you. Thanks!

Edited May 6, 2020 by DRDavisJr

[Just Paul 4,595]

1 hour ago, DRDavisJr said:

Background information: I am married to a Filipina since 2011 and we have been living here in the Philippines together since 2006. She was previously married and that marriage was annulled in 2011. My wife has 3 children from her first marriage. Upon annulment, her children were considered illegitimate under Philippine law. In 2016, we jointly filed a petition to legally adopt (and legitimize) her children. In March 2020, this adoption was finalized with a date of effectivity from Oct 2016. We have a small business here in the Philippines. I am 53 years of age.

 

For many reasons, we have decided to emigrate to the United States. My youngest child turns 17 in October and I want to make sure she acquires her US citizenship before she turns 18. I plan on returning to the US in June to establish our small business there, in Denver, CO.

 

I would love input as what is the fastest way to get my wife and 16 year old daughter to the US with me. There seems to be many paths, but it's very confusing what is the best and fastest way. Hoping to hear from you. Thanks!

K3 is not the path.  It is very very rarely granted.  Only fice times the last fiscal year.

 

K1 doesn't work - you are already married.

 

So you need to file for a spousal visa.    

 

I think the fastest way for your daughter is to file an I-130 for her as well.   I don't think adoption makes a difference.  Someone else can correct me on that. I think she can enter up to age 21,

 

 

Edited May 6, 2020 by Paul & Mary

[David & Paulyn 22]

10 minutes ago, Paul & Mary said:

K3 is not the path.  It is very very rarely granted.  Only fice times the last fiscal year.

 

K1 doesn't work - you are already married.

 

So you need to file for a spousal visa.    

 

I think the fastest way for your daughter is to file an I-130 for her as well.   I don't think she qualifies under adoption.  Someone else can correct me on that. I think she can enter up to age 21,

 

 

Thank you for replying. Are you saying that my child doesn't qualify for the INA 320 under the Child Citizenship Act? I'm curious as to why not.

Edited May 6, 2020 by DRDavisJr

[David & Paulyn 22]

 

15 minutes ago, Paul & Mary said:

K3 is not the path.  It is very very rarely granted.  Only fice times the last fiscal year.

 

K1 doesn't work - you are already married.

 

So you need to file for a spousal visa.    

 

I think the fastest way for your daughter is to file an I-130 for her as well.   I don't think adoption makes a difference.  Someone else can correct me on that. I think she can enter up to age 21,

 

 

Ok, I see what you are saying. So, there is no avoiding the 10 month wait for the I-130 to be approved?

[Just Paul 4,595]

 

15 minutes ago, DRDavisJr said:

Thank you for replying. Are you saying that my child doesn't qualify for the INA 320 under the Child Citizenship Act? I'm curious as to why not.

That's the part that I'll defer to the wiser ones here.  If that does apply then you are just going to file for your wife.   If it doesn't she is counted as the same as a biological daughter.

 

5 minutes ago, DRDavisJr said:

 

Ok, I see what you are saying. So, there is no avoiding the 10 month wait for the I-130 to be approved?

Nothing faster and with the consulates being closed I'd expect even longer times.   You are about a year too late for the DCF option.  The USCIS field office in Manila is permanently closed.

[David & Paulyn 22]

2 minutes ago, Paul & Mary said:

 

That's the part that I'll defer to the wiser ones here.  If that does apply then you are just going to file for your wife.   If it doesn't she is counted as the same as a biological daughter.

 

Nothing faster and with the consulates being closed I'd expect even longer times.   You are about a year too late for the DCF option.  The USCIS field office in Manila is permanently closed.

Does it matter/help if I file from the US?

[Just Paul 4,595]

My recollection is INA 320 would be if she was in the US and 322 wouldn't apply since you don't have 2 years after her 14th birthday in the US.

[Just Paul 4,595]

Just now, DRDavisJr said:

Does it matter/help if I file from the US?

No.  It does not matter where you are residing for the filing.   It may help for the I-864 once it gets to the NVC.

[David & Paulyn 22]

2 minutes ago, Paul & Mary said:

No.  It does not matter where you are residing for the filing.   It may help for the I-864 once it gets to the NVC.

Thank you

[David & Paulyn 22]

7 minutes ago, Paul & Mary said:

My recollection is INA 320 would be if she was in the US and 322 wouldn't apply since you don't have 2 years after her 14th birthday in the US.

Yes, I believe we can do the 320 once she is admitted as a LPR, as long as she arrives before her 18th birthday. 

[Just Paul 4,595]

4 minutes ago, DRDavisJr said:

Yes, I believe we can do the 320 once she is admitted as a LPR, as long as she arrives before her 18th birthday. 

Correct, but you still have to file a separate I-130 for her. Which you can file from there to the US lockbox for her and your wife. 

If INA 320 doesn't apply she naturalizes under the 5 year rule.

[David & Paulyn 22]

1 hour ago, Paul & Mary said:

Correct, but you still have to file a separate I-130 for her. Which you can file from there to the US lockbox for her and your wife. 

If INA 320 doesn't apply she naturalizes under the 5 year rule.

Ok, thank you for that information.

[milimelo 4,481]

1 hour ago, Paul & Mary said:

Correct, but you still have to file a separate I-130 for her. Which you can file from there to the US lockbox for her and your wife. 

If INA 320 doesn't apply she naturalizes under the 5 year rule.

Or he can just file I-130 online. 

[Unlockable 7,314]

3 hours ago, David & Paulyn said:

Thank you for replying. Are you saying that my child doesn't qualify for the INA 320 under the Child Citizenship Act? I'm curious as to why not.

Your daughter has a path to citizenship but it is not immediate. And it will not be before she turns 18. It is good you found this site so you can learn me and reevaluate your plan.

Like already advised, you can file for I-130 for them now. The timeline will take roughly a year or so.

 

As for adoption, your daughter has to be under 18, a permanent resident, AND living in the US for her to qualify. https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-4

The problem is that time is not on your side. Your daughter may very well be 18 when she gets her visa... and I emphasized the word may. Remember that this Covid-19 has thrown a wrench in everything and it may slow things down even further. But don't let that deter you. She (and your spouse) will still become citizens eventually if she doesn't make it.

 

And to confirm what was already mentioned.

You can't do a K1 as you are already married.

K3 is not viable. They rarely, rarely approve K3's anymore.

Also, have you filed your taxes while you were in the PHL?

[Boiler 45,525]

Not the easiest time to start a business in Denver, anyway you only have one option. Presumably the plan is that by the time they are interviewing your US business will be enough to sponsor them.