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Adoption in the Philippines


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Jawny

I legally adopted both my kids back in 1995 if I had known that I couldnt' bring them to the states I wouldn't have ever went through so much money, so legally adopted in Manila and then the road block was US Immigration, they'll never get that Visa unless you perform a home study stateside and have a room for each one of them, homestudy cost for me (I couldn't' afford it was $25,000 USD).  

 

If you plan on retiring here just take them in, don't worry about anything else it'll be a waste of your time, if you don't plan on living here and can't take care of the kids at a very young age you might as well forget it because if you send money it won't go to the kids it'll end up as beer, and hooker money for the in-laws.

Adopted children can be claimed as dependents with the IRS. Additionally, younger children can be counted for child tax credit which is a direct reduction of tax liability. Finally, the costs of the adoption process can be used as a deduction on taxes and the amount is significant. https://www.irs.gov/taxtopics/tc607.html

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Once they are adopted, they are your children, not your inlaws. The I-130 is filed in conjunction with a supplemental sheet to start the process. The child gets an IR2 visa to be allowed to enter the

Also, be advised that the child will not become a US citizen until he\she touches US soil, and that getting a visa for an adopted child is considerably more complicated than that for a wife or step-ch

My adopted child will not be getting USA citizenship as result of the adoption. The adoption had nothing to do with citizenship. My child is now a full member of the family and able to legally use a

Adopted children can be claimed as dependents with the IRS. Additionally, younger children can be counted for child tax credit which is a direct reduction of tax liability. Finally, the costs of the adoption process can be used as a deduction on taxes and the amount is significant. https://www.irs.gov/taxtopics/tc607.html

True but the Philippines wasn't one of the countries I could use as a tax break, they have listing of countries, Mexico yes but can't remember the others, maybe it has changed since the late 90's? Even if they are adopted legally I wasn't allowed the tax break unless possibly you live in the Philippines you also have to spend at least 6 months plus with your kids to qualify, there again you can file your return but if you get audited that would be the concern.

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shadow

I legally adopted both my kids back in 1995 if I had known that I couldnt' bring them to the states I wouldn't have ever went through so much money, so legally adopted in Manila and then the road block was US Immigration, they'll never get that Visa unless you perform a home study stateside and have a room for each one of them, homestudy cost for me (I couldn't' afford it was $25,000 USD).  

 

If you plan on retiring here just take them in, don't worry about anything else it'll be a waste of your time, if you don't plan on living here and can't take care of the kids at a very young age you might as well forget it because if you send money it won't go to the kids it'll end up as beer, and hooker money for the in-laws.

Some things must have changed, it is a long process, but it is quite doable. I've never encountered them asking for an extensive home study, although a social worker will likely pay a visit.

 

The bottom line is, it is easier and cheaper to just get them the IR2/CR2, and adopt them stateside.

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Some things must have changed, it is a long process, but it is quite doable. I've never encountered them asking for an extensive home study, although a social worker will likely pay a visit.

 

The bottom line is, it is easier and cheaper to just get them the IR2/CR2, and adopt them stateside.

Okay I looked into the IR2 from and this form would not work for me because our adopted kids were from the in-laws the IR2 form is for step children.

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Salty Dog

Adopted children can be claimed as dependents with the IRS. Additionally, younger children can be counted for child tax credit which is a direct reduction of tax liability. Finally, the costs of the adoption process can be used as a deduction on taxes and the amount is significant. https://www.irs.gov/taxtopics/tc607.html

I would think the major jackpot would be the child and mother collecting Social Security for 16+ years...

 

Using TapaTalk, so can't use emoticons

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shadow

Okay I looked into the IR2 from and this form would not work for me because our adopted kids were from the in-laws the IR2 form is for step children.

Once they are adopted, they are your children, not your inlaws. The I-130 is filed in conjunction with a supplemental sheet to start the process. The child gets an IR2 visa to be allowed to enter the USA, then files the N600 to get US citizenship recognized.

 

At least that has been the process we have used the last 4 or 5 years.

 

From the USCIS website;

 

  • The U.S. Embassy or consulate will issue an IR-2 visa to your child if you have a full, final adoption, and he or she has been under your legal custodianship and living with you for a minimum of two years

https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/your-new-childs-immigrant-visa

 

 

There are many variants to this, and each case is different. There are adoptions from Hague countries and from non Hague countries, there are orphan adoptions and family adoptions, all which have their own set of guidelines.

 

Here is a good short thread on Visajourney regarding filing the I-130 for an adopted child;

 

http://www.visajourney.com/forums/topic/582135-adopted-child-i-130-update-manila/

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Jawny

Once they are adopted, they are your children, not your inlaws. The I-130 is filed in conjunction with a supplemental sheet to start the process. The child gets an IR2 visa to be allowed to enter the USA, then files the N600 to get US citizenship recognized.

 

At least that has been the process we have used the last 4 or 5 years.

 

From the USCIS website;

 

 

  • The U.S. Embassy or consulate will issue an IR-2 visa to your child if you have a full, final adoption, and he or she has been under your legal custodianship and living with you for a minimum of two years
https://www.uscis.gov/adoption/bringing-your-internationally-adopted-child-united-states/your-new-childs-immigrant-visa

 

 

There are many variants to this, and each case is different. There are adoptions from Hague countries and from non Hague countries, there are orphan adoptions and family adoptions, all which have their own set of guidelines.

 

Here is a good short thread on Visajourney regarding filing the I-130 for an adopted child;

 

http://www.visajourney.com/forums/topic/582135-adopted-child-i-130-update-manila/

I believe the LinC member who used to post here had a similar situation. He had come here to spend two years with his child to comply with the immigration rules you mentioned. This was a couple of years ago.

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Scotsbloke

 

My wife's sister has 4 children that she of course can not take care of. The oldest boy is 8 and my wife and I would like to adopt him. The mother said yes of course you can adopt him. 

 

Other chaps on the thread can give input on the practicality of adoption.  I have no experience 'over there' so can't advise.  I can only say that a) what you're doing is terrific and b) wee boys need dads so you command my respect.

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Jawny

I would think the major jackpot would be the child and mother collecting Social Security for 16+ years...

Using TapaTalk, so can't use emoticons

I've been advised there is no eligibility for social security benefits until the child is in the USA. I have an adopted child living here and there is no claim for child benefits allowed. I have other children who are USA citizens, also living here, but they ARE allowed benefits. The Filipino child does have an ITIN and can be claimed as a dependent with the IRS. However, social security rules have different eligibility requirements.

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Salty Dog

I've been advised there is no eligibility for social security benefits until the child is in the USA. I have an adopted child living here and there is no claim for child benefits allowed. I have other children who are USA citizens, also living here, but they ARE allowed benefits. The Filipino child does have an ITIN and can be claimed as a dependent with the IRS. However, social security rules have different eligibility requirements.

 

Maybe they have to be born a US Citizen to collect in the Philippines. Although I'm surprised they treat an adopted child different.

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shadow

I've been advised there is no eligibility for social security benefits until the child is in the USA. I have an adopted child living here and there is no claim for child benefits allowed. I have other children who are USA citizens, also living here, but they ARE allowed benefits. The Filipino child does have an ITIN and can be claimed as a dependent with the IRS. However, social security rules have different eligibility requirements.

Bingo!

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shadow

Maybe they have to be born a US Citizen to collect in the Philippines. Although I'm surprised they treat an adopted child different.

They have to be US citizens, an adopted child does not become a US citizen until they touch US soil and process the recognition of citizenship. Once that is done, then SS and others will pay for them too.

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Jawny

Maybe they have to be born a US Citizen to collect in the Philippines. Although I'm surprised they treat an adopted child different.

From what I have read about these restrictions, it is far more complex than just citizenship and residency. For example, there are exceptions where a non-resident (otherwise eligible) beneficiary can get monies from the SSA. These exceptions involve countries with treaties covering the issue. Other exceptions, but I was too bored to read them all. In general, the restrictions prevent adopted children from receiving benefits if they are a non-resident, non-citizen.

 

The good news is that adopted children are eligible for dependent status for IRS purposes as well as can be covered under many federal (USA) health insurance plans. This is true even if they are not adopted.

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SumDumJoe

 I found this the other day while doing some research, I have no idea how old it is:

 

 

 

 

US citizens living abroad

Adoptive parents who wish to naturalize their children but who will continue to reside abroad may enter their adoptive children with a B-2 visa into the United States and complete the naturalization process there. To do this, they should contact the United States Bureau of Citizenship and Immigration Services (USCIS) office which has jurisdiction over their case and which will set an appointment for the procedure.

In order to get a B-2 visa, adoptive parents must demonstrate that the child qualifies either under the two-year physical/legal custody rule or present an approved I-600. (The I-600 classifies an alien orphan who either is, or will be, adopted by a U.S. citizen as an immediate relative of the U.S. citizen to allow the child to enter the U.S. The petition is filed by the U.S. citizen who is adopting the child.)

When applying for a nonimmigrant visa, the adoptive parents must also prove that they have made all the necessary arrangements with the USCIS office and that they intend to depart the U.S. to continue their residence abroad. Adoptive parents can show proof of arrangements made with the USCIS by presenting a USCIS General Call-in Letter (Form G-56).

This means that parents who qualify under the two-year legal/physical custody rule and who will continue to reside abroad can avoid the cost and paperwork of both the I-130 and the I-600 by using this procedure. Expeditious naturalization in all cases must be complete before the child turns 18.

http://www.workpermit.com/us/family_visas/adopted.htm

 

 Can anyone confirm if this is true?

 

 Can anyone also confirm whether or not I will be able to get U.S. citizenship for my oldest son?

 We have had physical custody of him for a total of three years including continually for the last two years.

 We are submitting the paperwork to adopt him at the end of this week.

 He just turned 16 four days ago. 

 

 Thank you all! 

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shadow

 I found this the other day while doing some research, I have no idea how old it is:

 

 

http://www.workpermit.com/us/family_visas/adopted.htm

 

 Can anyone confirm if this is true?

 

 Can anyone also confirm whether or not I will be able to get U.S. citizenship for my oldest son?

 We have had physical custody of him for a total of three years including continually for the last two years.

 We are submitting the paperwork to adopt him at the end of this week.

 He just turned 16 four days ago. 

 

 Thank you all! 

a:) It's possible, if you can convince the embassy to issue a B2 visa. However, that is not what they usually want you to do, and they are not big on issuing B2 visas to Filipinos for any reason.

 

B:) No, it is too late. You must file before his 16th birthday, and you are just now filing the adoption paperwork. Isn't going to fly. 

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