Spousal Visa with Adopted Child - Any Advice?

[David & Paulyn 22]

46 minutes ago, Boiler said:

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.

I’m an iOS/Android developer specializing in online delivery platforms. I’ll continue working with my existing clients, but the main difference is it will be under a local LLC. 

[David & Paulyn 22]

1 hour ago, Unlockable said:

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?

What about this? Filing DCF under exceptional circumstances - https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

Yes, taxes all up to date.

[Boiler 45,525]

7 minutes ago, David & Paulyn said:

What about this? Filing DCF under exceptional circumstances - https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

Yes, taxes all up to date.

Certainly an option if you have exceptional circumstances.

Edited May 6, 2020 by Boiler

[David & Paulyn 22]

6 minutes ago, Boiler said:

Certainly an option if you have exceptional circumstances.

Could my daughter's age (close to aging out) coupled with the natural disaster of COVID be considered an exceptional circumstance?

[Boiler 45,525]

31 minutes ago, David & Paulyn said:

Could my daughter's age (close to aging out) coupled with the natural disaster of COVID be considered an exceptional circumstance?

How are you impacted by COVID?

 

Daughter is 16 so I doubt timing will be an issue.

[David & Paulyn 22]

3 minutes ago, Boiler said:

How are you impacted by COVID?

 

Daughter is 16 so I doubt timing will be an issue.

We received the Certificate of Finality of Adoption on March 15. Our very next step was to submit the Certified True Copy of the Decree to the Local Civil Registry. They then have 30 days to issue a new birth certificate with my last name. Once we have that, we can apply for her travel document. 

 

We live in Bulacan, an area under Enhanced Community Quarantine. All government offices have been closed since March 16. It is expected that the quarantine will be lifted by May 15. That puts the birth certificates at June 15ish, then another 30 days to receive her travel document, which is a requirement for the I-130. So, we cannot really file the I-130 until August, at best. Isn't that severely cutting it close, especially with the anticipated backlog?

[Unlockable 7,314]

40 minutes ago, David & Paulyn said:

Could my daughter's age (close to aging out) coupled with the natural disaster of COVID be considered an exceptional circumstance?

I would say that it can be an option. I would definitely try it.

 

But I wouldn't bank everything on it being successful.

 

Your daughter is not close to aging out as of today. So that is a hard argument to make. I know that it sounds like a catch-22 but this is immigration.

[Boiler 45,525]

11 minutes ago, David & Paulyn said:

We received the Certificate of Finality of Adoption on March 15. Our very next step was to submit the Certified True Copy of the Decree to the Local Civil Registry. They then have 30 days to issue a new birth certificate with my last name. Once we have that, we can apply for her travel document. 

 

We live in Bulacan, an area under Enhanced Community Quarantine. All government offices have been closed since March 16. It is expected that the quarantine will be lifted by May 15. That puts the birth certificates at June 15ish, then another 30 days to receive her travel document, which is a requirement for the I-130. So, we cannot really file the I-130 until August, at best. Isn't that severely cutting it close, especially with the anticipated backlog?

She can immigrate on the basis of being your step child, not sure how many people go through the adoption process, but seems unusual. I do not see why you can not apply now.

 

Bulacan sounds a bit like Denver.

 

 

[David & Paulyn 22]

14 minutes ago, Boiler said:

She can immigrate on the basis of being your step child, not sure how many people go through the adoption process, but seems unusual. I do not see why you can not apply now.

 

Bulacan sounds a bit like Denver.

 

 

I'm sending an email tomorrow to the Embassy to see what they say. Hopefully we can qualify for DCF.

 

How long have you lived in Colorado? Do you like living in Denver?

[Boiler 45,525]

I have been in Colorado 17? years, have lived on the Front Range but not for a long time, up in the Mountains an hour or so from Denver.

[David & Paulyn 22]

9 hours ago, Boiler said:

I have been in Colorado 17? years, have lived on the Front Range but not for a long time, up in the Mountains an hour or so from Denver.

Sounds nice, except maybe on weekends when all the Denverites show up. I've been away from the US since 2006 and it's time to get back. Excited to return, sad about leaving my wife and kid for a year while we go through this process.

[Ryan H 3,812]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

[Boiler 45,525]

1 hour ago, David & Paulyn said:

Sounds nice, except maybe on weekends when all the Denverites show up. I've been away from the US since 2006 and it's time to get back. Excited to return, sad about leaving my wife and kid for a year while we go through this process.

Jared Polis keeps then within 10 miles of home.

[David & Paulyn 22]

Just now, Boiler said:

Jared Polis keeps then within 10 miles of home.

Any idea when things are expected to normalize?

[Boiler 45,525]

1 minute ago, David & Paulyn said:

Any idea when things are expected to normalize?

County offices currently work on appointment, called them and the only time they had was 2pm, so said what is the time now, 1.50, 9 miles and made it.

 

They go to normal operation Monday, but masks and 6ft apart, my County Town cancelled its summer programme today, so next year?