Bringing adopted daughter from Mexico to the US (merged)

[Alexq 6]

Hello, 

 

My husband and I adopted a 15 year old girl that we’ve known since she was 9 years old. We are both US citizens and she resides in Mexico. We travel there 2x a year, 2 months during our winter break and 1 month  in the summer. We finalized the adoption this past December. I want to make sure that I am filling the correct form, which is the I-130 due to her already being adopted and not being able to request an IH-3 visa. 
Can anyone provided guidance on this and the longevity? Thanks in advance. 

Edited March 25, 2023 by Alexq

[Mike E 11,739]

4 minutes ago, Alexq said:

My husband and I adopted a 15 year old girl that we’ve known since she was 9 years old

Is she biologically related to either of you?

 

Are her biological parents alive?

Edited March 25, 2023 by Mike E

[Boiler 45,399]

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states

Quote

 

Immediate Relative Process
If your child does not meet the requirements for the Hague or the non-Hague adoption processes, you may still be able to file Form I-130, Petition for Alien Relative, on their behalf as the adopted child of a U.S. citizen. Parents must accrue 2 years of legal and physical custody and obtain a full, final adoption of the child to be eligible to file a Form I-130. Legal and physical custody can be accrued in 1 period of time or cumulatively over several periods. They can also be accrued before, during and after the adoption. The 2 years must be accrued BEFORE you file Form I-130. 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). Your child will receive an IR-2 immigrant visa if they are found eligible.

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. 

 

 

I always think these are Lawyer type cases but you have some time before you can file.

[Alexq 6]

8 minutes ago, Mike E said:

Is she biologically related to either of you?

 

Are her biological parents alive?

Hello, 

 

she is not biologically related to me. We are friends with her grandmother and mother. The biological parents are alive and gave us custody which is how we were able to adopt her. 

5 minutes ago, Boiler said:

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-to-the-united-states

 

I always think these are Lawyer type cases but you have some time before you can file.

Hello, 

 

i contacted several lawyers prior and they told me I wouldn’t need them for this case. 

[Boiler 45,399]

1 minute ago, Alexq said:

i contacted several lawyers prior and they told me I wouldn’t need them for this case. 

Well that can be read several ways.

[Crazy Cat 41,675]

3 minutes ago, Alexq said:

i contacted several lawyers prior and they told me I wouldn’t need them for this case. 

That seems odd.  These can be complicated cases.

Edited March 25, 2023 by Crazy Cat

[Boiler 45,399]

Just now, Crazy Cat said:

That seems odd.  These are complicated cases.

I sort of assume it is because there is no case to file yet?

 

[Alexq 6]

5 minutes ago, Boiler said:

I sort of assume it is because there is no case to file yet?

 

Yes, I have filed this form before for my spouse. 

[Timona 4,207]

17 minutes ago, Alexq said:

The biological parents are alive and gave us custody which is how we were able to adopt her. 

 

Just how? 

 

The only thing I can think of is for immigration benefit. Just FYI, if it is successful, she will never petition her biological parents. 

 

Prepare for a tough journey. 

[Allaboutwaiting 2,503]

I guess you both are Mexican citizens too?

 

Because you skipped the Hague Convention process for international adoptions and based on what you stated, you might not fulfill the requirements to file for the I-130 - having legal and physical custody for 2 years prior filing-.

[Alexq 6]

1 minute ago, Allaboutwaiting said:

I guess you both are Mexican citizens too?

 

Because you skipped the Hague Convention process for international adoptions and based on what you stated, you might not fulfill the requirements to file for the I-130 - having legal and physical custody for 2 years prior filing-.

We are both US citizens and we have fulfilled the 2 years because she is 15 and we’ve known her since she was 9 

[Allaboutwaiting 2,503]

3 minutes ago, Alexq said:

We are both US citizens and we have fulfilled the 2 years because she is 15 and we’ve known her since she was 9 

Knowing her is NOT having legal and physical custody.

 

And I asked if you are also Mexican citizens.

 

 

[Boiler 45,399]

39 minutes ago, Alexq said:

We are both US citizens and we have fulfilled the 2 years because she is 15 and we’ve known her since she was 9 

It is physical custody and you need to evidence it.

 

That is why I suggested a lawyer most cases are different. Legal well to have the adoption papers s

 

 

 

 

[Allaboutwaiting 2,503]

9 minutes ago, Boiler said:

It is physical custody and you need to evidence it.

 

That is why I suggested a lawyer most cases are different. Legal well to have the adoption papers s

 

 

 

 

Visiting a kid in someone else's house is not physical custody. 

Even less if that house belongs to the kid's parents.

[Boiler 45,399]

2 minutes ago, Allaboutwaiting said:

Visiting a kid in someone else's house is not physical custody. 

Even less if that house belongs to the kid's parents.

Ideally this should have been sorted years ago

 

Now I know the words but do not know what the Consulate will accept

 

Most of the cases on here are either clear cut, child has been living with us for years and now we are moving back or let's say vague, and very few vague ones come back and tell us what happened