Where do we start?

[DoubleK 1]

Hello All!

 

I am a USC living abroad. I’m married to a non- USC,  my husband and I adopted a child together. We have been married for almost 2 years.

Our child is currently 3 months old. We started the adoption process at birth. 

The court granted us permission to foster the child and has given us custody. 

 The final adoption decree will be issued in October of this year. 

Once we finalize the adoption, we would like to apply via  DCF. 

I will need to file for both my husband and child, can I add them both to an I-130 or are there additional steps that I need to take?

 

We currently live in Ghana but adopted from a neighboring Country that is not part of The Hague Convention. 
 

Our child was considered an orphan, since the birth parents were unmarried, did not legitimize the child and is unable to financially support the child.

We have had physical custody of her since birth and the birth parents signed over their rights to us. 

I want to bring both my husband and child to the US, which forms do we file? 
 

Thank you in advance. 

Edited August 5, 2023 by crowned_dr

[Boiler 45,499]

That does not sound like an orphan is the child a family member?

 

You mentioned DCF, are you aware of the requirements, on what basis will you be seeking DCF.

[Mike E 11,739]

6 hours ago, DoubleK said:

Our child is currently 3 months old. We started the adoption process at birth. 

Does not  sound like you went through the Non-Hague Process. So this will add at least 2 years  to the process as per 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”

 

While international adoptions can be DIY, even DIY works better if one does basic web searching before starting the adoption process.

 

6 hours ago, DoubleK said:

We currently live in Ghana but adopted from a neighboring Country that is not part of The Hague Convention. 

1. Does your child live with you in Ghana?

 

2. What of any biological relationship do you have ro your child?

 

3. Was any money paid to the biological parents?

 

 

 

 

 

[DoubleK 1]

13 hours ago, Mike E said:

Does not  sound like you went through the Non-Hague Process. So this will add at least 2 years  to the process as per 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”

 

While international adoptions can be DIY, even DIY works better if one does basic web searching before starting the adoption process.

 

1. Does your child live with you in Ghana?

 

2. What of any biological relationship do you have ro your child?

 

3. Was any money paid to the biological parents?

 

 

 

 

 

1. Absolutely.

2. Zilch.

3. No.

[DoubleK 1]

18 hours ago, Boiler said:

That does not sound like an orphan is the child a family member?

 

You mentioned DCF, are you aware of the requirements, on what basis will you be seeking DCF.

No. She’s an Orphan by definition.

Bio parents are unmarried, signed over all rights immediately. If we had not been asked to intervene, the midwife would have given her to the orphanage.

DCF= This is where I have been living for 3+years, I currently live here, hence the DCF. 

 

[powerpuff 6,697]

2 minutes ago, DoubleK said:

DCF= This is where I have been living for 3+years, I currently live here, hence the DCF. 

That is not an exceptional circumstance.

 

DCF are only granted for exceptional circumstances and this has been a case for several years now. 

[DoubleK 1]

I never said the adoption was DIY, our Barrister filed and went to court on our behalf, where applicable. No Google necessary.😉

 

 

[Boiler 45,499]

3 minutes ago, DoubleK said:

No. She’s an Orphan by definition.

Bio parents are unmarried, signed over all rights immediately. If we had not been asked to intervene, the midwife would have given her to the orphanage.

DCF= This is where I have been living for 3+years, I currently live here, hence the DCF. 

 

Orphan is someone whose Parents are dead. Maybe you are thinking of #######? Not sure that term is used anymore in that sense.

 

Sounds like you are not eligible for DCF and will need to do the regular I 130 stateside. Once eligible.

[SalishSea 17,829]

Just now, Mike E said:

Does not  sound like you went through the Non-Hague Process. So this will add at least 2 years  to the process as per 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”

 

While international adoptions can be DIY, even DIY works better if one does basic web searching before starting the adoption process.

 

1. Does your child live with you in Ghana?

 

2. What of any biological relationship do you have ro your child?

 

3. Was any money paid to the biological parents?

 

 

 

 

 

If so, DCF does not make sense.

 

OP, you should just petition your spouse for a CR/IR-1 visa, as that process will take two years anyway.  You can file online.

 

One thing I'm not sure of (and I'm sure @Mike E knows) is whether you could request CRBA once the adoption is final.

[Boiler 45,499]

6 minutes ago, DoubleK said:

I never said the adoption was DIY, our Barrister filed and went to court on our behalf, where applicable. No Google necessary.😉

 

 

That was a reference to needing an Immigration Lawyer.

[DoubleK 1]

6 minutes ago, Boiler said:

Orphan is someone whose Parents are dead. Maybe you are thinking of #######? Not sure that term is used anymore in that sense.

 

Sounds like you are not eligible for DCF and will need to do the regular I 130 stateside. Once eligible.

I’m not able to see the term you used as an alt to orphan.

USCIS says otherwise:

https://www.uscis.gov/policy-manual/volume-5-part-c-chapter-4#footnote-5

 

 

 

[DoubleK 1]

Thank you, everyone, I appreciate the feedback. 
 

[SalishSea 17,829]

Just now, DoubleK said:

I’m not able to see the term you used as an alt to orphan.

USCIS says otherwise:

https://www.uscis.gov/policy-manual/volume-5-part-c-chapter-4#footnote-5

 

 

 

One thing to keep in mind however is that USCIS and DOS are separate agencies, with different rules in place.

Just now, DoubleK said:

Thank you, everyone, I appreciate the feedback. 
 

Good luck.  Please keep us apprised of your case.

[Mike E 11,739]

4 hours ago, DoubleK said:

I never said the adoption was DIY, our Barrister filed and went to court on our behalf, where applicable. No Google necessary.😉

 

 

And your barrister, which is not a term used in the American law profession, was not a practitioner of American immigration law. Thus  the DIY part was failure to take in consideration U.S. immigration law when you adopted. Since this was a non Hague country, the better procedure was I-600 and https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/how-to-adopt/non-hague-adoption-process.html . 

 

 

 

4 hours ago, SalishSea said:

One thing I'm not sure of (and I'm sure @Mike E knows) is whether you could request CRBA once the adoption is final.

CRBA is not an option. 
 

https://fam.state.gov/FAM/08FAM/08FAM050602.html

 

“Alien children adopted by U.S. citizens:  Alien children adopted by U.S. citizens are not eligible for a form FS-240, Consular Report of Birth Abroad of a Citizen of the United States of America”

 

[Boiler 45,499]

A Barrister in American terms is a trial lawyer, usually associated with proceedings in the higher courts.

 

I assumed this is a local lawyer who handled the adoption, nothing to do with US Immigration Law. Normally a Solicitor would handle matters in Family Court but the terminology does not really matter.