US citizen living abroad wants to bring hUsband and adopted child back to the US

[AnnaMBoros 28]

Hello everyone. Not sure where to start - it seems such a complicated scenario and I appreciate everyone's response in advance.

I am a US citizen, currently living in Europe (since 2022). While living here, I married the love of my life. We also managed to start the adoption process of a gypsy child. All 3 of us would like to live in the US soon, mostly, because our adopted child is of gypsy origin and we are terrified of the racism/segregation that is strongly present in our country against these children. We want to give our child a brighter future.  Where to even start? Can I apply for a husband/adopted child if I filed expat taxes for last year? Can I even file without a US domicile (all I have left in the US is a bank account)? Or, will I  have to move back to the US by myself, and establish a domicile first? Can I even use my expat taxes at all for filing? Where and how to start this process? Thanks, Anna.

Edited February 15 by AnnaMBoros

[Boiler 45,733]

A short notice job relocation would allow you to file direct with the local consulate.

 

From your comments you will need a Joint Sponsor to meet the financial requirements.

 

Have you had custody of the child for 2 years?

[AnnaMBoros 28]

Hi Boiler and thank you for your response. The child is yet to be adopted (very soon) - can I apply for the child's citizenship immediately, or do I have to wait for 2 years before doing so? In regards to the expat taxes - will I need a joint sponsor even if my foreign income suffices, or, the joint sponsor will be needed regardless because foreign income is not acceptable for the filing process? What is "short notice job relocation"?

Edited February 15 by AnnaMBoros

[Boiler 45,733]

Will you be able to demonstrate that the foreign income will continue after you move to the US?

 

Citizenship is some way off, as you have not started the process I am not sure if there would be better options, I know this area can be confusing.

 

Can you do a short notice job relocation or will you need to go the regular route?

[PGA 251]

37 minutes ago, AnnaMBoros said:

Hello everyone. Not sure where to start - it seems such a complicated scenario and I appreciate everyone's response in advance.

I am a US citizen, currently living in Europe (since 2022). While living here, I married the love of my life. We also managed to start the adoption process of a gypsy child. All 3 of us would like to live in the US soon, mostly, because our adopted child is of gypsy origin and we are terrified of the racism/segregation that is strongly present in our country against these children. We want to give our child a brighter future.  Where to even start? Can I apply for a husband/adopted child if I filed expat taxes for last year? Can I even file without a US domicile (all I have left in the US is a bank account)? Or, will I  have to move back to the US by myself, and establish a domicile first? Can I even use my expat taxes at all for filing? Where and how to start this process? Thanks, Anna.

Will your job continue in the US after you move or will you need to be finding a new job in the US (sponsor income must be US based income)?

Taxes will be needed (at least last 3 years of tax filings).

Also helpful: a residence where you can/will stay - doesn't have to be yours but maybe a relative's? A US state driver's license is also helpful....the biggest thing is showing INTENT to domicile.

[Redro 4,611]

2 hours ago, AnnaMBoros said:

Hello everyone. Not sure where to start - it seems such a complicated scenario and I appreciate everyone's response in advance.

I am a US citizen, currently living in Europe (since 2022). While living here, I married the love of my life. We also managed to start the adoption process of a gypsy child. All 3 of us would like to live in the US soon, mostly, because our adopted child is of gypsy origin and we are terrified of the racism/segregation that is strongly present in our country against these children. We want to give our child a brighter future.  Where to even start? Can I apply for a husband/adopted child if I filed expat taxes for last year? Can I even file without a US domicile (all I have left in the US is a bank account)? Or, will I  have to move back to the US by myself, and establish a domicile first? Can I even use my expat taxes at all for filing? Where and how to start this process? Thanks, Anna.

You’ll need to check if the consulate out of Slovakia or the consulate that serves Slovakia processes DCF. Not all do. 
If you cannot file direct through the consulate you will have to file two separate I130s one for your child and one for your spouse. Adopting a child does not automatically confer US citizenship on a child. 
@Family might have some tips for you regarding sponsoring an adopted child. 
When it comes to domicile and adequate financial resources you have about 1 year from filing I130to completing/requiring that documentation. 
How long has the child been in your custody? 
 

[Crazy Cat 41,984]

Since adoption and immigration are two separate entities, I would hesitate to tackle this without a couple of competent attorneys.  There are just too many complexities when the two are mixed..  Adoption does not guarantee immigration. 

Edited February 15 by Crazy Cat

[manyfudge 291]

Your issue is going to be the adoption.

 

Your child will have to live in your custody ABROAD for 2 years before they can immigrate.

 

[Timona 4,208]

Is this kid related to your husband's side of the family by any chance? 

[SalishSea 17,970]

1 hour ago, manyfudge said:

Your issue is going to be the adoption.

 

Your child will have to live in your custody ABROAD for 2 years before they can immigrate.

 

THIS.

[manyfudge 291]

@AnnaMBoros, I'm just going to assume the child is not related to you or your husband.   How old is this child?

 

 

This applies to trying to bring an adopted child over - assuming you are NOT considered habitually resident in the U.S.  That's another can of worms.

 

https://www.uscis.gov/family/bring-children-to-live-in-the-US

 

"An adopted child if the child was adopted before age 16 (or before their 18th birthday, if certain circumstances described on the Adoption-Based Family Petition Process or Adoption-Based Form I-130 Process page apply), AND the adoptive parent has satisfied 2-year legal custody and joint residence requirements. (The legal custody and joint residence do not have to be during the same time period, but each must be met for a cumulative 2-year period.) NOTE: Most adoption-based immigration occurs through the orphan  or Hague processes. If you are considering pursuing the Adoption-Based Form I-130 Process, you should review certain eligibility considerations. See the Adoption pages for more information."

 

 

[Family 4,065]

You will not be able to file I-130 for child until you complete ( and prove 2 years of both Legal AND Physical custody . 
DCF now ,does not make sense as child does not qualify 

 

File for your husband now as you can manage the timing of his visa . ..and delay it until your adoption is finalized and you meet the 2 years . 
At that point ( in the future ) you can try  DCF for child to travel w your spouse , barring that file w USCIS and request expedite 

[pushbrk 12,997]

4 hours ago, Family said:

You will not be able to file I-130 for child until you complete ( and prove 2 years of both Legal AND Physical custody . 
DCF now ,does not make sense as child does not qualify 

 

File for your husband now as you can manage the timing of his visa . ..and delay it until your adoption is finalized and you meet the 2 years . 
At that point ( in the future ) you can try  DCF for child to travel w your spouse , barring that file w USCIS and request expedite 

I concur with the consolidated description of the relevant issues above.  Do note though, there's no guarantee on the DCF part.  I suspect your ultimate course, will simply be to wait to file anything until the child is adopted, and you have had legal custody for two years.  Note also that the child becomes a citizen upon arrival as an immigrant, but husband gets a green card. (Lawful Permanent Resident Status).

[AnnaMBoros 28]

Dear "pushbrk"-thank you for your feedback. I understand that I will have to wait for the 2-year custody window to pass first, but we are not in a hurry, just gaining information ahead of time. Would you be able to tell me more about IR-3/IR-2 visa and DCF filing? It appears that might be the type of visa I will need for the child, but I am not sure.

"If the US citizen has already adopted the child and has resided with them in a foreign country for at least 2 years, then the child is eligible for an IR-2 visa and does not need to go through the IR-3 visa application process."

 

 

Edited June 17 by AnnaMBoros

[pushbrk 12,997]

22 minutes ago, AnnaMBoros said:

Dear "pushbrk"-thank you for your feedback. I understand that I will have to wait for the 2-year custody window to pass first, but we are not in a hurry, just gaining information ahead of time. Would you be able to tell me more about IR-3/IR-2 visa and DCF filing? It appears that might be the type of visa I will need for the child, but I am not sure.

"If the US citizen has already adopted the child and has resided with them in a foreign country for at least 2 years, then the child is eligible for an IR-2 visa and does not need to go through the IR-3 visa application process."

 

 

Yes, IR2 visa.  Check with the Consulate's website about DCF filing.  It's usually only available in certain exceptional circumstances though.