patrick89

I hope you can help me with my problem. I've filed for spousal visa application for my wife(k3) and step-daughter(k4).

Our Visa petition has been recently approved by BCIS and my wife is currently waiting for appointment interview letter from the US embassy manila.

While I was in the Philippines in Jan 2003, we filed for JOINT ADOPTION of my step daughter. (Joint adoption because , in the phillipines, if a man adopts the womans child, then the mother loses all parental
rights, therefore, my wife had to
adopt too.)


Since we have a pending adoption case right now, will this affect my wife being granted a visa? Does the US embassy in Manila allow people to leave
for the US with pending court cases in the Philippines?


Please help. Although, we have already spent quite an amount of money for the processing of adoption, we are willing to withdraw the case (if we have to) before my wife goes to interview at the embassy.

ScarlettHill

My best guess would be for you to contact the embassy and explain the situation, asking if her interview can be put back a while until you have the adoption finalised. Don't forget to ask them to extend the deadline on your notice of approval. They can do that. All the best.

Regards
-=-
Scarlett

Mrtravel

patrick89 wrote:
    > I hope you can help me with my problem. I've filed for spousal visa
    > application for my wife(k3) and step-daughter(k4).
    >
    > Our Visa petition has been recently approved by BCIS and my wife is
    > currently waiting for appointment interview letter from the US
    > embassy manila.
    >
    > While I was in the Philippines in Jan 2003, we filed for JOINT ADOPTION
    > of my step daughter. (Joint adoption because , in the phillipines, if a
    > man adopts the womans child, then the mother loses all parental
    > rights, therefore, my wife had to
    > adopt too.)
    >
    >
    > Since we have a pending adoption case right now, will this affect my
    > wife being granted a visa? Does the US embassy in Manila allow
    > people to leave
    > for the US with pending court cases in the Philippines?
    >
Please help. Although, we have already spent quite an amount of money
    > for the processing of adoption, we are willing to withdraw the case (if
    > we have to) before my wife goes to interview at the embassy.
    >

I don't think it would be a problem, although you might have easily done
the adoption in the US. Of course, if the adoption is finalized before
the K-4, then you could check into the Child Citizenship Act of 2000 to
determine if the child can get citizenship before coming to the US.
I don't know K-4 children are impacted. I was under the impression that
if the child entered the US on an immigrant visa, AND they had a US
parent, then citizenship would be automatic on entry. It is also
possible for children of US citizens to become citizens before (or
without) entering the US

patrick89

Scarlett and Mrtravel

Thank you for taking the time to answer my post.