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Posted

Situation:

  • My mom is petitioner (retired), living with me abroad (philippines) as I'm not a us citizen (can prove shes maintaining domicile through taxes and investments, voting record, and has a permanent address in the us)
  • Filing form I-130 with me as beneficiary (student)
  • I am over 21, and was legally adopted when I was 7 years old

We're ready to file the form I-130, and we know its approx. 10 years to get approved, but we're still going to take the chance (she wants to return to the us but wants me to bring me as she's getting older)

I just want to run the evidence we provided to u guys to try and avoid being denied/delayed due to lack of evidence

The ones we provided are:

 

Proof Petitioner is a U.S. Citizen:

  • valid US Passport
  • Naturalization Certificate

A child and you are the mother: Submit a copy of the child’s birth certificate showing your name and the name of your child.

  • My birth certificate from the PSA with her name on it (scanned copy of original)

Adoptive parent or adopted child: If you and the person you are filing for are related by adoption, you must submit a copy of the adoption decree showing that the adoption took place before the child turned 16 years of age. you must also submit copies of evidence that each child was in the legal custody of and resided with the parents who adopted him or her for at least two years before or after adoption.

  • My Adoption Decree dated 2004 (when the adoption took place)
  • A court document for proof of legal custody signed by a judge dated 2004 (a certified xerox copy from the original, as the original doc we have has ink that is already faded)

For proof of joint residency for at least 2 years before turning 21 (i turned 21 Nov 2018):

  • Bills (in my mom's name) with our address from Feb 2018
  • my expired government IDs issued/expired 2015 - 2018 (student driver permit, barangay clearance, police clearance)
  • my mom's gov't IDs issued/expired 2015-2018 (Postal ID, Senior Citizen Card)

 

What are the chances of getting RFE'd/denied with these? Are these enough?

I'm getting a bit paranoid about getting denied/delayed as we dont want to waste any time :(

Posted (edited)

Jumping ahead, she is not maintaining domicile if she is living abroad with you and will be doing so for the next 10 years or so until you get a visa. That’s only something you need to deal with then - and she doesn’t need to maintain it all the time, she can re-establish it at the time you get a visa- but if she is already retired, you will almost certainly be looking at needing a joint sponsor. 
 

Not an expert on i130 docs and while the instructions on two years residence is open ended, in your case i would try get that for before you turned 18, iow were still legally a child - in the normal definition not the looser immigration definition. In any case an RFE is not going to delay your case given the long wait times anyway.

Edited by SusieQQQ
Posted
13 hours ago, SusieQQQ said:

Jumping ahead, she is not maintaining domicile if she is living abroad with you and will be doing so for the next 10 years or so until you get a visa. That’s only something you need to deal with then - and she doesn’t need to maintain it all the time, she can re-establish it at the time you get a visa- but if she is already retired, you will almost certainly be looking at needing a joint sponsor. 
 

Not an expert on i130 docs and while the instructions on two years residence is open ended, in your case i would try get that for before you turned 18, iow were still legally a child - in the normal definition not the looser immigration definition. In any case an RFE is not going to delay your case given the long wait times anyway.

Oh alright, with her plans of moving back anyway I don't think it'll be much of a problem since she might do it in a few years and wait for me there.

for the docs, we can't find other IDs with our addresses as we usually throw them away after a while so I've only got IDs when I was about 19. We don't know how else we'd be able to prove the joint residency aside from that. :(

 
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