Adoption in Mexico

[chioparis 15]

My husband and I (both US Citizens) moved to México to adopt a child.

 

The adoption is almost finalized, so now I am looking into how to immigrate our adopted child into the United States.  Hopefully you guys are knowledgeable in my particular situation given that:

 

*Both countries are part of Haugue but we did not adopt through Hauge - worried i130 gets denied

*Do we qualify to file at consulate -

*Can we instead - apply for her to get a visa and then do i130/i485 once in the United States?

[Boiler 45,525]

This is a lawyer situation and normally the requirement is to have 2 years in your custody.

 

When are you looking to move?

[SalishSea 17,836]

1 hour ago, chioparis said:

My husband and I (both US Citizens) moved to México to adopt a child.

 

The adoption is almost finalized, so now I am looking into how to immigrate our adopted child into the United States.  Hopefully you guys are knowledgeable in my particular situation given that:

 

*Both countries are part of Haugue but we did not adopt through Hauge - worried i130 gets denied

*Do we qualify to file at consulate -

*Can we instead - apply for her to get a visa and then do i130/i485 once in the United States?

You’ll need an immigration lawyer.

 

Not sure what you mean “we did not adopt through Hague”?   The Hague convention applies to all adoptions through the countries that participate in the treaty.

 

 

[SalishSea 17,836]

Also-  no, you can’t bring her here on a visitor visa to adjust status.   She needs an immigrant visa.

[chioparis 15]

47 minutes ago, Boiler said:

This is a lawyer situation and normally the requirement is to have 2 years in your custody.

 

When are you looking to move?

I have not been able to find a lawyer that is knowledgeable in our particular situation.

 

We have custody from the local government entity, while the adoption is finalized in the courts.

 

I estimate the adoption will be finalized towards the end of this year, but I want to have everything ready, all my research for when the moment comes.  

 

When we moved here, we didn't expect to be here more than 2 years, this year will be #5...

[chioparis 15]

33 minutes ago, Jorgedig said:

You’ll need an immigration lawyer.

 

Not sure what you mean “we did not adopt through Hague”?   The Hague convention applies to all adoptions through the countries that participate in the treaty.

 

 

You can adopt using Haugue guidelines, OR if you adopt while habitually living abroad, it gets a little fuzzy whether we will be able to immigrate the child with i130.

[Family 3,988]

21 minutes ago, chioparis said:

You can adopt using Haugue guidelines, OR if you adopt while habitually living abroad, it gets a little fuzzy whether we will be able to immigrate the child with i130.

You will be able to file I-130 for child after you clock 2 years from when you can prove Legal Custody ( date of court order adoption) and 2 users of physical custody. 
Don’t file earlier than the two years required…even if you likely meet the Physical custody prior to adoption being finalized.

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process
The adoptive parent petitioner must have evidence of a full and final adoption and satisfy the 2-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits

Edited January 25, 2023 by Family

[Mike E 11,739]

4 minutes ago, Family said:

.

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process
 

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states is another link OP might find useful. I like it because for me it lays out the 3 adoption methods. 

[Boiler 45,525]

27 minutes ago, chioparis said:

I have not been able to find a lawyer that is knowledgeable in our particular situation.

 

We have custody from the local government entity, while the adoption is finalized in the courts.

 

I estimate the adoption will be finalized towards the end of this year, but I want to have everything ready, all my research for when the moment comes.  

 

When we moved here, we didn't expect to be here more than 2 years, this year will be #5...

I did a quick google and came up with lots of Lawyers, now obviously we do not know your situation in detail but it seems to fall into this category

 

Immediate Relative Petition
Under this third type of adoption, an adopted child is considered to be the child (or adult son or daughter) of the adopting parent if: (1) the parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances). You submit evidence of a full and final adoption

AND; (2) the parent had legal and physical custody of the child for at least two years while the child was a minor (certain other requirements must be met).

\

[chioparis 15]

10 minutes ago, Family said:

You will be able to file I-130 for child after you clock 2 years from when you can prove Legal Custody ( date of court order adoption) and 2 users of physical custody. 
Don’t file earlier than the two years required…even if you likely meet the Physical custody prior to adoption being finalized.

https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process
The adoptive parent petitioner must have evidence of a full and final adoption and satisfy the 2-year legal custody and joint residence requirements before the adopted child may be considered their “child” for purposes of immigration benefits

"Legal and physical custody can be accrued at one stretch of time or cumulatively over several periods. They can also be accrued before, during and after the adoption."

 

It is confusing because it says that legal/physical custody can be accrued before, during and after the adoption.

 

This excerpt from the USCIS website is what's fuzzy to me, but you are confirming, the 2 year legal custody is one thing and the 2 year physical custody is another.  So if I am understanding you correctly - the 2 year legal custody starts when the court approves adoption ((even though we have custody from local government agency))?

 

 

[chioparis 15]

6 minutes ago, Boiler said:

I did a quick google and came up with lots of Lawyers, now obviously we do not know your situation in detail but it seems to fall into this category

 

Immediate Relative Petition
Under this third type of adoption, an adopted child is considered to be the child (or adult son or daughter) of the adopting parent if: (1) the parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances). You submit evidence of a full and final adoption

AND; (2) the parent had legal and physical custody of the child for at least two years while the child was a minor (certain other requirements must be met).

\

The 2year physical/legal custody is what's a little blurry to me.  Since we got custody of the child (by government agency Oct 2021)... I am hoping this type of custody counts towards the 2 year legal custody requirement.

[Family 3,988]

33 minutes ago, chioparis said:

We have custody from the local government entity, while the adoption is finalized in the courts

You can DIY an I-130 attempt as soon as you get the final adoption ( end of this year) and claim the local government entity custody as sufficient to prove legal custody. 
It will be less expensive than attorney fee and you have nothing to lose in trying. Use @Mike E s helpful post to make the argument that Legal Custody CAN be accrued prior to final order ..and just be prepared to repeat argument in case of RFE. 
 

[chioparis 15]

1 minute ago, Family said:

You can DIY an I-130 attempt as soon as you get the final adoption ( end of this year) and claim the local government entity custody as sufficient to prove legal custody. 
It will be less expensive than attorney fee and you have nothing to lose in trying. Use @Mike E s helpful post to make the argument that Legal Custody CAN be accrued prior to final order ..and just be prepared to repeat argument in case of RFE. 
 

According to them - as i read their policy ((below)) legal custody can be accrued before the adoption.

 

I am planning on DIY'ing the i130 - 🤞

 

"Legal and physical custody can be accrued at one stretch of time or cumulatively over several periods. They can also be accrued before, during and after the adoption."

[Family 3,988]

1 minute ago, chioparis said:

4 minutes ago, Family said:

You can DIY an I-130 attempt as soon as you get the final adoption ( end of this year) and claim the local government entity custody as sufficient to prove legal custody. 
It will be less expensive than attorney fee and you have nothing to lose in trying. Use @Mike E s helpful post to make the argument that Legal Custody CAN be accrued prior to final order ..and just be prepared to repeat argument in case of RFE. 
 

According to them - as i read their policy ((below)) legal custody can be accrued before the adoption.

 

I am planning on DIY'ing the i130 - 🤞

 

"Legal and physical custody can be accrued at one stretch of time or cumulatively over several periods. They can also be accrued before, during and after the adoption.

Good choice. Don’t worry about blurry lines, sometimes they are potential strengths. Print out @Mike E link and handwrite the claim on last page of I-130 ( paper form) or as an addendum to I-130 ( online). 
 

And even if you get pushback/ RFE on first try, you will absolutely succeed once 2 years pass after final. 
 

In the meantime one of you could go back to the US if necessary for work ..

[Chancy 6,241]

4 hours ago, chioparis said:

My husband and I (both US Citizens) moved to México to adopt a child.

 

How old is the child?