I-130 Adopted Child

[David & Paulyn 22]

Earlier this year I relocated from the Philippines to Denver to work on the petitions of my wife and adopted daughter who turns 18 in October. The adoption effectivity date is Oct 5 2016, but was finalized February 29, 2020. Then we had to get new birth certificates from the Local Civil Registrar and the National Statistics Office. Once we had all of these, we were able to get her a Philippine passport with my surname. She picks it up finally today.

 

Meanwhile, I filed an I-130 for my wife and it has been approved and sent to the NVC. So, my question is this... today I will finally have my adopted daughter's passport number and I can already file an I-130 for her. But, once her mom's visa is approved (3-5 months from now), how can I best ensure my daughter's petition will be approved and her visa granted at roughly the same time as my wife's? Should I try DCF exceptional circumstances or file at USCIS online then request they expedite it?

[aaron2020 11,651]

Hi,

 

You could have filed for her as your stepdaughter when you filed for her mother.  She was under 18 years old when you married her mom.  You were advised back in May to file a separate I-130 for your stepdaughter. 

If you want them to immigrate at the same time, then you will need to delay your wife's case.  Postpone her interview and medical exam.

Your failure to file when you could does not create an exceptional circumstances for DCF.  Furthermore, you no longer reside in the Philippines, so you can not file DCF.  There's no reason for an expedite.

Sorry. 

Edited December 22, 2020 by aaron2020

[David & Paulyn 22]

Thanks for the reply.

 

1. She did not have a passport at the time I filed for her mother,

2. I want her to take advantage of being granted automatic citizenship as an adopted child of a US citizen, not wait 5 years and a LPR.

[David & Paulyn 22]

3 minutes ago, David & Paulyn said:

Thanks for the reply.

 

1. She did not have a passport at the time I filed for her mother,

2. I want her to take advantage of being granted automatic citizenship as an adopted child of a US citizen, not wait 5 years and a LPR.

 

6 minutes ago, aaron2020 said:

You could have filed for her as your stepdaughter when you filed for her mother.  

Wouldn't that be a lie? She was no longer my stepdaughter when I filed for her mom.

[aaron2020 11,651]

1 minute ago, David & Paulyn said:

Thanks for the reply.

 

1. She did not have a passport at the time I filed for her mother,

2. I want her to take advantage of being granted automatic citizenship as an adopted child of a US citizen, not wait 5 years and a LPR.

1.  She didn't need a passport for you to file the I-130.  You were advised back in May to file an I-130 for her.
2.  Not a reason to delay filing the I-130.  As long as she entered the US before age 18 and was legally adopted by you, then she would have qualify under the CCA. 

To be frank, you screwed up by not filing the I-130 for her back in May.  You didn't have to wait.  

[aaron2020 11,651]

10 minutes ago, David & Paulyn said:

 

Wouldn't that be a lie? She was no longer my stepdaughter when I filed for her mom.

What lie?

She was your stepdaughter.   A US citizen can file an I-130 for a stepchild if the marriage to the parent occurred before the child's 18th birthday.  

You could not have filed for her as your adopted child since the adoption was completed after her 16th birthday.

You screwed up by assuming that she needed a passport for you to file the I-130.

________

 

You should have filed for her as your stepdaughter.  Once she immigrated to the US and was under 18, you could have done a stepparent adoption.  She would have qualified for US citizenship under the CCA.  

Edited December 22, 2020 by aaron2020

[David & Paulyn 22]

1 minute ago, aaron2020 said:

1.  She didn't need a passport for you to file the I-130.  You were advised back in May to file an I-130 for her.
2.  Not a reason to delay filing the I-130.  As long as she entered the US before age 18 and was legally adopted by you, then she would have qualify under the CCA. 

To be frank, you screwed up by not filing the I-130 for her back in May.  You didn't have to wait.  

How? She didn't get a new birth certificate until November.

[David & Paulyn 22]

Just now, aaron2020 said:

What lie?

She was your stepdaughter.   A US citizen can file an I-130 for a stepchild if the marriage to the parent occurred before the child's 18th birthday.

She was my stepdaughter until Feb 2020. The adoption was finalized in Feb and then we had to get new birth certificates. Then, the pandemic.

[David & Paulyn 22]

4 minutes ago, aaron2020 said:

1.  She didn't need a passport for you to file the I-130.  You were advised back in May to file an I-130 for her.
2.  Not a reason to delay filing the I-130.  As long as she entered the US before age 18 and was legally adopted by you, then she would have qualify under the CCA. 

To be frank, you screwed up by not filing the I-130 for her back in May.  You didn't have to wait.  

The I-130 asks for a travel document. I assumed a passport was required.

[aaron2020 11,651]

1 minute ago, David & Paulyn said:

She was my stepdaughter until Feb 2020. The adoption was finalized in Feb and then we had to get new birth certificates. Then, the pandemic.

In order for a US citizen to bring an adopted child to the US, the US citizen must have adopted the child before age 16.  You did't do that.  You adopted her after age 16.  

You could only bring her over as your stepdaughter.  This is why you were advised to file the I-130 for her back in May when you first asked.  

[David & Paulyn 22]

Just now, aaron2020 said:

In order for a US citizen to bring an adopted child to the US, the US citizen must have adopted the child before age 16.  You did't do that.  You adopted her after age 16.  

You could only bring her over as your stepdaughter.  This is why you were advised to file the I-130 for her back in May when you first asked.  

The effectivity date of the adoption is Oct 5, 2016. She was 13.

[aaron2020 11,651]

2 minutes ago, David & Paulyn said:

The I-130 asks for a travel document. I assumed a passport was required.

You assumed incorrectly.  

It asked if the person has a passport.  If yes, then report the number.  The I-130 does not require the beneficiary to have a passport.  

1 minute ago, David & Paulyn said:

The effectivity date of the adoption is Oct 5, 2016. She was 13.

Nope.  The effective date is when the adoption was finalized.  Not when it was initiated.  By your own words, she was your stepdaughter until Feb. 2020.  

Edited December 22, 2020 by aaron2020

[David & Paulyn 22]

2 minutes ago, aaron2020 said:

You assumed incorrectly.  

It asked if the person has a passport.  If yes, then report the number.  The I-130 does not require the beneficiary to have a passport.  

Nope.  The effective date is when the adoption was finalized.  Not when it was initiated.  

 

[aaron2020 11,651]

3 minutes ago, David & Paulyn said:

 

Doesn't matter.  That's PI laws.  

You're seeking an immigration benefit under US laws.

Under US laws, a US citizen can only petition for an adopted child where the adoption was FINALIZED before the child's 16th birthday.

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states#:~:text=The two years must be,or she is found eligible.

 

Also, the adoption must be finalized before your child’s 16th birthday (or 18th birthday if they are a biological sibling of a child you have already adopted or will adopt). 

 

Edited December 22, 2020 by aaron2020

[David & Paulyn 22]

2 minutes ago, aaron2020 said:

Doesn't matter.  That's PI laws.  

You're seeking an immigration benefit under US laws.

Under US laws, a US citizen can only petition for an adopted child where the adoption was FINALIZED before the child's 16th birthday.