Adoption in Mexico

[chioparis 15]

6 minutes ago, Chancy said:

 

How old is the child?

 

The child is 9.  She was placed in our care by gov entity (comparable to CPS in the USA) when she was 5.

Edited January 25, 2023 by chioparis

[chioparis 15]

1 hour ago, Family said:

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

We live across the border, so husband works in US.  Still - we can't wait to be back home in the US 🙏

[Family 3,988]

1 minute ago, chioparis said:

We live across the border, so husband works in US.  Still - we can't wait to be back home in the US 🙏

Nice and well planned. You should work on trying to get a job offer ( in writing) from a US company around the time adoption is final and then email CDJ  to see if you qualify to do DCF ( direct consular filing ) for the I-130 . 
Do that before you file w USCIS ..who knows you may have a chance at a faster way home.

 

[Mike E 11,739]

Textbook IR-2

[chioparis 15]

12 minutes ago, Family said:

Nice and well planned. You should work on trying to get a job offer ( in writing) from a US company around the time adoption is final and then email CDJ  to see if you qualify to do DCF ( direct consular filing ) for the I-130 . 
Do that before you file w USCIS ..who knows you may have a chance at a faster way home.

 

Now that you mention it - I reached out to CDJ asking them how to request to file i130 there and save time.  

 

I was thinking about the job offer, but they do mention "adoption of a child" as an exceptional circumstance to file i130 there.

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

"Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years."

 

****still - it mentions imminent need - so maybe I still need the job offer as you mention.

[chioparis 15]

16 minutes ago, Mike E said:

Textbook IR-2

....dumb question. The visa type is determined by USCIS after you file i130?  

 

IR2 Would be nice because it would mean automatic citize nship for my child.

[Mike E 11,739]

8 minutes ago, chioparis said:

....dumb question. The visa type is determined by USCIS after you file i130?  

 

IR2 Would be nice because it would mean automatic citize nship for my child.

Not sure if USCIS or NVC determines it, but the law is this is an IR2

 

Any class of immigration visa classification will make your child a citizen provided you can show

 

* legal custody (easy: you have adoption papers and are married to the other parent) and

 

* physical custody. This is  always a pain to show: you need government records listing your child and you as living at the same address, school record for your child, your state drivers license should do it.  Or get your child a state ID of your state allows it.  

Edited January 25, 2023 by Mike E

[chioparis 15]

7 minutes ago, Mike E said:

* physical custody. This is  always a pain to show: you need government records listing your child and you as living at the same address, school record for your child, your state drivers license should do it.  Or get your child a state ID of your state allows it.  

I've been saving anything that can prove physical custody - but government records might be difficult, specially for the child.

[Chancy 6,241]

2 minutes ago, chioparis said:

I've been saving anything that can prove physical custody - but government records might be difficult, specially for the child.

 

Note that physical custody evidence documents in Mexico only count for getting the IR2 visa.  For citizenship, the physical custody evidence must show same address for parent and child in the US.

 

Here's evidence that's easy to get.  After your child enters the US with IR2 visa, set up medical care at your local pediatrician.  Then request a print-out of the new medical record, showing your child's address same as the address on your DL.

 

[tree248 13]

If you are all living together outside the United States when you hit all of the two year marks, could you alternatively apply for Citizenship directly through the N600-K process? At the end of that process, your child would be a citizen, and at any point after that you could all move back to the US whenever desired as Citizens?

[limegreenbowler 45]

4 hours ago, chioparis said:

Now that you mention it - I reached out to CDJ asking them how to request to file i130 there and save time.  

 

I was thinking about the job offer, but they do mention "adoption of a child" as an exceptional circumstance to file i130 there.

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

 

"Adoption of a child – A petitioner has adopted a child abroad and has an imminent need to depart the country. This type of case should only be considered if the petitioner has a full and final adoption decree on behalf of the child and the adoptive parent(s) has had legal custody of and jointly resided with the child for at least 2 years."

 

****still - it mentions imminent need - so maybe I still need the job offer as you mention.

"Imminent need" is rather vague, and the folks at CDJ have been known to be quite generous in allowing for local filing of an I-130 if you can prove you have the required two years of legal and physical custody along with the final adoption decree. Make sure you don't file anything with USCIS before you hear back from CDJ.

[Gabriel5454 19]

6 hours ago, Mike E said:

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. 

This link also states that if you are not adopting using the Hague process, that

"If you are adopting from a Hague Convention country, certain restrictions apply that may prevent your child from immigrating to the United States using this process. Please fully research the adoption laws of the country you hope to adopt from before beginning the process."

 

It cannot hurt to consult with a qualified lawyer about your situation to avoid any surprises in the future.

 

[Mike E 11,739]

6 hours ago, Gabriel5454 said:

Please fully research the adoption laws of the country you hope to adopt from before beginning the process

Agreed, but that ship has sailed. The kid is theirs now, and they need to at least try I-130 before they permanently settle in Mexico and try N-600K.  

Edited January 25, 2023 by Mike E

[chioparis 15]

10 hours ago, tree248 said:

If you are all living together outside the United States when you hit all of the two year marks, could you alternatively apply for Citizenship directly through the N600-K process? At the end of that process, your child would be a citizen, and at any point after that you could all move back to the US whenever desired as Citizens?

The N600k is a little confusing as the instructions state that this process is for children of us Citizens living abroad - but they must be in the United States.  So I'm guessing we would have to apply for some type of Visa prior so she can enter lawfully into the US

[Chancy 6,241]

4 minutes ago, chioparis said:

The N600k is a little confusing as the instructions state that this process is for children of us Citizens living abroad - but they must be in the United States.  So I'm guessing we would have to apply for some type of Visa prior so she can enter lawfully into the US

 

Yes, the child needs a B2 visa to be able to enter the US for the N600K interview.  With 2 USC parents, one already with a US job, it's going to be tough to convince the consulate that your family has no plans to move to the US.

 

As others mentioned, your child's case seems to be textbook IR2 for adopted child, so just go through the I-130/IR2 process.  After your child enters the US with IR2, apply for her US passport and N600.  No need for N600K.  Plus, with IR2, you have a chance at an expedited process via DCF.  Not so with B2 and N600K, which is not treated as urgent unless the child is close to aging out at 18 years old.