Adoption living apart

[Chancy 6,241]

1 hour ago, Deden@2017 said:

@chancy  hi  can you clarify what you mean?

 

Sorry for the late edits.  Please see my corrected comments above.

 

After the I-130 is approved, you do not need to provide evidence of financial support and US domicile for your son's visa application.  This is because your son will automatically become a US citizen after he enters the US with his IR2 visa, as per INA 320.

 

[Deden@2017 0]

@aaron2020 his my wife’s nephew. His Grandparents are taking care of him

[Deden@2017 0]

@chancy thank you for your input

[Illiria 980]

3 hours ago, Deden@2017 said:

@aaron2020 his my wife’s nephew. His Grandparents are taking care of him

Are the child’s biological parents alive? 
 

There are significant restriction on the kinds of adoptions that qualify for immigration purposes (to prevent people adopting relatives to skip long waits in immigration). 

[aaron2020 11,651]

7 hours ago, Deden@2017 said:

@aaron2020 his my wife’s nephew. His Grandparents are taking care of him

Are his parents alive?

 

Adopting a relative so they can immigrate is a big no no.  

[Deden@2017 0]

@Illiria  @aaron2020 The biological parents are still alive.  The adoption was already approved with finality from the court and it took almost 3 years and I attended about 5 court hearing. The court ordered a report from the social worker and also from a psychologist to find out if we are capable of the adoption and also a report was made from the biological parents it also includes investigation from police, community official, etc. . It's not an easy way to adopt a child.

[aaron2020 11,651]

9 hours ago, Deden@2017 said:

@Illiria  @aaron2020 The biological parents are still alive.  The adoption was already approved with finality from the court and it took almost 3 years and I attended about 5 court hearing. The court ordered a report from the social worker and also from a psychologist to find out if we are capable of the adoption and also a report was made from the biological parents it also includes investigation from police, community official, etc. . It's not an easy way to adopt a child.

You're going to have problems.  

Adopting a relative where both parents are alive and seeking to immigrate that child is going to be problematic . . . especially when you and your spouse are not living with the child.

 

Where are the biological parents?  Is one of them living with the grandparents and child?

[Illiria 980]

14 hours ago, Deden@2017 said:

@Illiria  @aaron2020 The biological parents are still alive.  The adoption was already approved with finality from the court and it took almost 3 years and I attended about 5 court hearing. The court ordered a report from the social worker and also from a psychologist to find out if we are capable of the adoption and also a report was made from the biological parents it also includes investigation from police, community official, etc. . It's not an easy way to adopt a child.

Yeah not questioning your adoption journey at all - it might be a valid adoption as far as far as the court of the country the child is living in is concerned or even as far as the us adoption services are concerned but us immigration is a whole other story. They are superstrict about visas for adopting relatives especially if the biological parents are alive - they view it as a ploy to skip the long wait times to have their relatives immigrate. We see a lot of people asking about adopting nephews, nieces, cousins, and grandchildren as these relatives can’t be directly petitioned and people posit adoption as a way to avoid petition for the parents of these children which are usually long waits.

[Deden@2017 0]

@aaron2020   The biological parents are not living with the child.

 @Illiria  The biological parents has 6 children already. This is the 7th child and they can't take care anymore. This child needs an operation when we took him under our care. We just want to give this child better future. 

[SusieQQQ 11,586]

8 hours ago, Deden@2017 said:

@aaron2020   The biological parents are not living with the child.

 @Illiria  The biological parents has 6 children already. This is the 7th child and they can't take care anymore. This child needs an operation when we took him under our care. We just want to give this child better future. 

This situation sounds desperately sad, and kudos to you and your spouse for taking care of the child. However, that said, the adoption may not meet the requirements for immigration to the US. I’d suggest you talk to an immigration lawyer who specializes in adoptions to understand the issues and options, I think this is beyond a DIY case. Good luck.

[Deden@2017 0]

@susieQQQ  Thank you, yes I already consulted a famous Atty. G  among Filipinos and paid $300 for consultation. Just not satisfied with his answer. That's the reason why I opted on this forum to have another option. 

[SusieQQQ 11,586]

2 minutes ago, Deden@2017 said:

@susieQQQ  Thank you, yes I already consulted a famous Atty. G  among Filipinos and paid $300 for consultation. Just not satisfied with his answer. That's the reason why I opted on this forum to have another option. 

You don’t need a famous attorney among Filipinos. You need a US immigration attorney that is an expert in international adoption. As for being “satisfied” with the answer - not sure what that means - you may not like what you get told but that doesn’t mean it is wrong.

 

 

 

 

Edited October 30, 2021 by SusieQQQ

[aaron2020 11,651]

2 hours ago, Deden@2017 said:

@susieQQQ  Thank you, yes I already consulted a famous Atty. G  among Filipinos and paid $300 for consultation. Just not satisfied with his answer. That's the reason why I opted on this forum to have another option. 

Consulting a Filipino attorney about US immigration law is useless.  You need to contact an EXPERIENCED US immigration attorney who deals with adoption on US immigration. 

 

It is extremely difficult to get an immigrant visa for an adopted child that is a relative who have two living biological parents.  This is a matter of US law, not Filipino law.  You need a US immigration attorney.  

[Illiria 980]

On 10/25/2021 at 10:52 PM, Deden@2017 said:

@aaron2020   The biological parents are not living with the child.

 @Illiria  The biological parents has 6 children already. This is the 7th child and they can't take care anymore. This child needs an operation when we took him under our care. We just want to give this child better future. 

I am sorry that they are sick - it’s terrifying when your child needs medical care - and I applaud you for adopting as I truly believe it takes very special people to give the gift of adoption. 
 

As others have said US immigration law is very specific and you need legal advice from a US immigration adoption specialist - they will have special experience of the US requirements and precedents. Also adding the medical humanitarian aspect they might suggest ways to at least have them allowed here to have the operation - assuming it’s the kind that cannot be provided in their home country. 
 

We would hate for you to apply for a visa and get a year into the process to be told you don’t qualify (especially if you decided to delay treatment in the mean time). We want you to have the best possible plan within the bounds of what’s possible going forward from the beginning. 
 

Wishing you all the best and hoping for a healthy outcome for your child. 

[Pinkrlion 2,724]

On 10/26/2021 at 12:52 AM, Deden@2017 said:

@aaron2020   The biological parents are not living with the child.

 @Illiria  The biological parents has 6 children already. This is the 7th child and they can't take care anymore. This child needs an operation when we took him under our care. We just want to give this child better future. 

For immigration purposes, it is going to be a challenge to immigrate the child as you have to prove that the parents, and the grandparents are incapable of providing basic care for the child in standards of the home country.  They will not allow you to present standards based on US living.