I-130 Adopted Child

[David & Paulyn 22]

1 minute ago, Boiler said:

We can talk about average processing time lines, are there outliers absolutely but not something you can plan on and of course outliers go both ways.

Yes, I understand. When I spoke to the agent regarding the expedite request, I asked and she told me that if I had stated my daughter was my step-daughter and all her documents had my last name, she would have been denied - especially once they determined she was my legally adopted daughter.

 

 

[David & Paulyn 22]

15 hours ago, 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.  

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.  

By May 2020 her birth certificate at the Local Civil Registry already had my name on it. How could I have filed as my step-daughter? I simply do not understand this. Futhermore, an USCIS call center agent informed me that had I petitioned her as my step daughter with a birth certificate with me as the father, not only would her petition be denied, but they could have revoked my wife's approval as well for lying.

Edited December 22, 2020 by David & Paulyn

[SusieQQQ 11,586]

Have you spoken to a lawyer about the adoption dates? I know you posted that extract earlier but that looked like it related to domestic US states, and it seems to me you could still hit a problem because of the final adoption date. Uscis call center is definitely not legal advice and have been known to tell people very wrong things before. It would be good to at least be prepared going into the interview, whenever it happens, either fully confident that the start date is going to be used for adoption date or to be prepared with how to proceed if CO follows the final adoption date.

[David & Paulyn 22]

5 minutes ago, SusieQQQ said:

Have you spoken to a lawyer about the adoption dates? I know you posted that extract earlier but that looked like it related to domestic US states, and it seems to me you could still hit a problem because of the final adoption date. Uscis call center is definitely not legal advice and have been known to tell people very wrong things before. It would be good to at least be prepared going into the interview, whenever it happens, either fully confident that the start date is going to be used for adoption date or to be prepared with how to proceed if CO follows the final adoption date.

I have not spoken with an attorney. It’s confusing, honestly. In the I-130 I filed last night asked a multiple choice question regarding my relationship to my daughter. The two choices possibly relevant were 1) stepchild or 2) adopted child. If I choose stepdaughter that is a lie. My name is listed as her father on her official birth certificate. And she is my adopted daughter.

 

I’ll call the US Embassy in Manila to find out exactly what the law provides in our case.

[SusieQQQ 11,586]

10 minutes ago, David & Paulyn said:

I have not spoken with an attorney. It’s confusing, honestly. In the I-130 I filed last night asked a multiple choice question regarding my relationship to my daughter. The two choices possibly relevant were 1) stepchild or 2) adopted child. If I choose stepdaughter that is a lie. My name is listed as her father on her official birth certificate. And she is my adopted daughter.

 

I’ll call the US Embassy in Manila to find out exactly what the law provides in our case.

No-one is disputing that she is your legally adopted daughter. However, there is a difference between a legal adoption, and an adoption that meets the requirements to be able to gain US immigration benefits as a result of the adoptive relationship. The latter is what (imo) you need to clarify. 

[David & Paulyn 22]

Just now, SusieQQQ said:

No-one is disputing that she is your legally adopted daughter. However, there is a difference between a legal adoption, and an adoption that meets the requirements to be able to gain US immigration benefits as a result of the adoptive relationship. The latter is what (imo) you need to clarify. 

I understand. Background information. We started the adoption process when she was 13. The courts are painfully slow in the Philippines. She has been in my custody since she was 3. She was 8 when I married her mom. I’m the only dad she knows...

[David & Paulyn 22]

15 minutes ago, David & Paulyn said:

I understand. Background information. We started the adoption process when she was 13. The courts are painfully slow in the Philippines. She has been in my custody since she was 3. She was 8 when I married her mom. I’m the only dad she knows...

Let's say the USCIS does not consider the adoption final until she was 16 yrs 4 months old, will they disapprove her petition outright? Or, will she be considered for LPR status like her mom?

[Boiler 45,525]

I can not imagine it matters when you start the process.

[David & Paulyn 22]

4 minutes ago, Boiler said:

I can not imagine it matters when you start the process.

I’ve been reading case law that suggests otherwise, as long as the court stipulates an effective date. I hope so anyway.

[SusieQQQ 11,586]

51 minutes ago, David & Paulyn said:

I’ve been reading case law that suggests otherwise, as long as the court stipulates an effective date. I hope so anyway.

As they say, “hope is not a strategy”. Which is why I suggested legal advice, for clarity and potentially for advice on what to do in case what you have is not sufficient. 

[aaron2020 11,651]

You need to retain a competent immigration lawyer.

 

You're relying on the USCIS Misinformation line for legal advice which is not a good idea.

 

Unless you have a law degree, your reading of case law is insufficient to understand the nuances of factual and legal points that differs from your situation.  

 

Sorry to be harsh, but you have made plenty of mistakes and it's time for competent legal advice.  

[David & Paulyn 22]

23 minutes ago, aaron2020 said:

You need to retain a competent immigration lawyer.

 

You're relying on the USCIS Misinformation line for legal advice which is not a good idea.

 

Unless you have a law degree, your reading of case law is insufficient to understand the nuances of factual and legal points that differs from your situation.  

 

Sorry to be harsh, but you have made plenty of mistakes and it's time for competent legal advice.  

You keep saying I made mistakes, I screwed up... I would like to know what mistake I made.

[aaron2020 11,651]

23 minutes ago, David & Paulyn said:

You keep saying I made mistakes, I screwed up... I would like to know what mistake I made.

1.  You didn't file an I-130 for your stepdaughter when you were advised to do so back in May when you first asked.  

2.  You assumed that she needed a Philippines passport in order for you to file an I-130 for her.  
 

3.  You finalized her adoption after age 16, and you think you can bring her to the US as your adopted daughter.

 

4.  You are relying on the USCIS Misinformation line for legal advice.

 

[David & Paulyn 22]

13 minutes ago, aaron2020 said:

1.  You didn't file an I-130 for your stepdaughter when you were advised to do so back in May when you first asked.  

2.  You assumed that she needed a Philippines passport in order for you to file an I-130 for her.  
 

3.  You finalized her adoption after age 16, and you think you can bring her to the US as your adopted daughter.

 

4.  You are relying on the USCIS Misinformation line for legal advice.

 

1. She was no longer my stepdaughter in May. Why is that so hard for you to understand?

2. Ok, granted, this was my sole mistake.

3. This is not a mistake. I filed her adoption petition when she was 13. I didn't choose for it to take 3 years and 4 months. Our attorney assured us it would only take a year. The adoption was not even for immigration purposes. We didn't even decide to return to the states until after COVID. Now, you might be right and they might deny her, but it's not because of some imagined mistake you have decided to project upon me.

4. Who ever said I was relying on them for legal advice. I called this morning to request an expedite. I gave them the facts. They told me I would have been denied for sure had I filed a stepchild petition with my name on the birth certificate.

Edited December 22, 2020 by David & Paulyn

[SusieQQQ 11,586]

17 minutes ago, David & Paulyn said:

The adoption was not even for immigration purposes.

 The adoption may not have been for immigration purposes, but you are basing your i130 for her on the fact that she is your adopted daughter. Again, please get legal advice. USCIS generally does not care when things start, they care when things finish - ask all those derivatives who have aged out waiting for a visa.