Bringing adopted daughter from Mexico to the US (merged)

[Allaboutwaiting 2,503]

1 minute ago, Boiler said:

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 

Well, this case seems rather than vague, shady.

[Boiler 45,468]

1 hour ago, Alexq said:

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

To petition your spouse you need to marry in this case you to adopt and have custody for 2 years

[Crazy Cat 41,837]

Sorry, but it is a violation of the terms of service to tell others not to post.  We are all free to post just as we are all free to ignore advice.  

Edited March 25, 2023 by Crazy Cat

[Alexq 6]

3 minutes ago, Boiler said:

To petition your spouse you need to marry in this case you to adopt and have custody for 2 years

Let me clarify. 
 

My husband and I know the girl we adopted since she was 9 years old. We me her through her grandmother who is a friend of my relatives. For years, we developed a bond with the girl and her 2 older brothers. Their biological parents abandoned them and left their grandmother to raise them. We’ve been visiting her for 6 years now since she resides in the same city where we own our second home. We baptized her and were the sponsors for her sweet 15 party (quinceañera). We also enrolled her in school and have all the documentation and photos to support our claims. I just wanted to ensure that I’m submitting the correct form since she is already adopted by us. We started the initial adoption process 3 years ago but when COVID hit, many places were shut down in Mexico. We just spent 3 months in Mexico to finalize the adoption. 
i hope this clarifies

[Mike E 11,739]

1 hour ago, Alexq said:

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

Why did they give up their child? 
 

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

“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”

 

 

1 hour ago, Alexq said:

 

You need to move to Mexico immediately and move your daughter into your home.
 

This:

1 hour ago, Alexq said:

travel there 2x a year, 2 months during our winter break and 1 month  in the summer.

is not going to cut it. You barely have enough time for her to qualify for an IR-2.

 

1 hour ago, Alexq said:

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

Notarios?

 

Edited March 25, 2023 by Mike E

[Crazy Cat 41,837]

1 minute ago, Alexq said:

Let me clarify. 
 

My husband and I know the girl we adopted since she was 9 years old. We me her through her grandmother who is a friend of my relatives. For years, we developed a bond with the girl and her 2 older brothers. Their biological parents abandoned them and left their grandmother to raise them. We’ve been visiting her for 6 years now since she resides in the same city where we own our second home. We baptized her and were the sponsors for her sweet 15 party (quinceañera). We also enrolled her in school and have all the documentation and photos to support our claims. I just wanted to ensure that I’m submitting the correct form since she is already adopted by us. We started the initial adoption process 3 years ago but when COVID hit, many places were shut down in Mexico. We just spent 3 months in Mexico to finalize the adoption. 
i hope this clarifies

Sounds like her grandmother has had physical custody.  Am I wrong?

[PaulaCJohnny 713]

4 minutes ago, Alexq said:

She is violating my forum and if you’re going to defend her, you can leave too

No, she is not. Because you do not like an option does not mean that was a violation.

 

You are deliberately skipping some important questions and this is why the person told that is vague.

 

I will make the same question.

 

Are you and your husband born and Mexico and after gaining US citizenship?

 

When was that?

[Crazy Cat 41,837]

"“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."

I see this as the issue as presented so far.  At some point, an I-130 will be appropriate.

Edited March 25, 2023 by Crazy Cat

[Lemonslice 4,836]

2 hours ago, Alexq said:

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. 

Other posters provided guidance, it is going to be a few years, at least.  How long have you lived with your daughter?  How long have you been her legal guardians/adoptive parents?

[Just Paul 4,595]

Once you have two years of physical custody you can file for her.

[Just Paul 4,595]

If you can follow the procedure in the Department of State Manual, in order, then you should have no problems.

https://travel.state.gov/content/travel/en/Intercountry-Adoption/Intercountry-Adoption-Country-Information/Mexico.html 

[Ontarkie 14,218]

~~Post, removed for TOS Violation. posts that quoted were also removed. You cannot tell members not to post, personal attacks on members are also not tolerated. Any further similar comment swill result in Admin action.~~

[SteveInBostonI130 3,434]

3 hours ago, Alexq said:

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

You are missing the point.

 

You need legal and physical custody of the child for at least 2 years before you can file the I-130.  Therefore, as of now, there is nothing to file.

 

From your posts, you have visited her for 2-3 months per year for 6 years while she was under the physical custody of her grandmother.   You have not shown any evidence of legal AND physical custody, like custody orders from the court.

 

Details are key.

[Timona 4,207]

Wait, @Alexq weren't you here a while ago with this adoption story?

[Vickys_Mom 225]

AlexQ, it does look like it will be the I-130. 

 

You should listen to the advice here about how soon you should file that form.

 

Regards,

Vicky's Mom