adoption living abroad

[kieffem 9]

Hello,

My wife and I are US citizens and we live in the Philippines, she is dual citizen.  We are in the middle of the adoption process for our son.  He is filipino and will continue to live with us in the Philippines. 

Does anyone know the steps to give him US citizenship?  He will not live in the US unless he decides after age 18.  

I see  N-600K, I-800A, I-800 forms but what is required since he will not live in the US?  We will get a B2 visa if he needs to do an interview in the US.

[SalishSea 17,828]

2 hours ago, kieffem said:

Hello,

My wife and I are US citizens and we live in the Philippines, she is dual citizen.  We are in the middle of the adoption process for our son.  He is filipino and will continue to live with us in the Philippines. 

Does anyone know the steps to give him US citizenship?  He will not live in the US unless he decides after age 18.  

I see  N-600K, I-800A, I-800 forms but what is required since he will not live in the US?  We will get a B2 visa if he needs to do an interview in the US.

What do you mean you’ll get a B-2 visa if he needs to do an interview in the US?

[kieffem 9]

I believe to complete the process the child must be brought to the US for an interview.  Since he lives in another country I will need a visa for him to enter the country with us.

[Redro 4,611]

9 hours ago, kieffem said:

Hello,

My wife and I are US citizens and we live in the Philippines, she is dual citizen.  We are in the middle of the adoption process for our son.  He is filipino and will continue to live with us in the Philippines. 

Does anyone know the steps to give him US citizenship?  He will not live in the US unless he decides after age 18.  

I see  N-600K, I-800A, I-800 forms but what is required since he will not live in the US?  We will get a B2 visa if he needs to do an interview in the US.

How old is your son?

How many years has he been in your physical custody?

Paging @Family as she is an expert when it comes to international adoption and US immigration. 

[Mike E 11,739]

12 hours ago, kieffem said:

My wife and I are US citizens and we live in the Philippines, she is dual citizen.  We are in the middle of the adoption process for our son.  He is filipino and will continue to live with us in the Philippines

1. How old is he?

 

2. Is he biologically related to your wife?

 

3. Is he biologically related to you?

 

4. How many days of physical presence in the U.S. does your wife have?

 

5. How many days of physical presence in the U.S. do you  have?

 

9 hours ago, SalishSea said:

What do you mean you’ll get a B-2 visa if he needs to do an interview in the US?

Assuming they file N-600K for him, that process requires an interview in the U.S. The interview letter is not enough to board a flight to the U.S., so a visa is needed.

[kieffem 9]

He is 1 year, 7 months.  He is my wife's nephew.  We have had physical and legal custody since he came home from hospital.  His biological mother is OFW.   No father on record.

My wife lived in US almost 8 years going through K1 to naturalization process.  I was born and lived in US for 60 years.

We are completing the domestic adoption with the DSWD government agency. No lawyer, no agencies. 

We moved to Philippines a month before he was born. We have zero US presence and have established residency in the Philippines. 

[Mike E 11,739]

1 hour ago, kieffem said:

He is my wife's nephew

 

 

1 hour ago, kieffem said:

His biological mother is OFW

OFW = over seas Filipina Worker

 

Legally everything you are doing will work in theory. 
 

In practice, adopting relatives whose parents are still alive and then trying to get a U.S. immigration benefit usually has head winds.

 

If you knew N-600K, I-130, or DS-260 was going to be denied, would you complete the adoption?

[EM_Vandaveer 2,408]

The possible wrench here is the fact that he's your wife's nephew and his biological mother is alive. The adoption can be a 100% legal and above board.

Deriving any immigration benefit from it, including possible US citizenship is a completely different question. It is not guaranteed at all.

Edited July 9, 2023 by EM_Vandaveer

[kieffem 9]

We could not have our own child, this is our only way to be parents. It does not matter if the US says no, we live here.  I just want to know which forms to file in which order.  I will never live in the US again and worse case I can still ask for a visa so he can meet my family in US.  If the US has issues so be it. 

[Mike E 11,739]

Give N-600K a try once the adoption is complete and you have 2 years of legal and physical custody after adoption.

[Family 3,988]

Wishing you all the joys and blessings of raising your child. 
 

By the time you complete the local adoption, you will have 2 years of physical and legal custody ( based upon n your post ).

 

Once adoption is final , file N-600 K and apply for B-2 ( it is special to attend interview). 
 

Show all your evidence of residing abroad and ALL related custody docs.