For my adopted son's US citizenship, I need to prove that I (USC parent) have had "legal and physical custody" for at least 2 years. (We live overseas and are planning to do N600-k... you can see that thread for more details if interested).
In June 2017 we were granted "custody and tenure" by a local "family commisary" (which handles family and child protection in small towns... our case was later transferred to the ICBF: Colombian Institue of Family Wellbeing, which is the Colombian equivalent of Child Protective Services. The family commisary reports to ICBF.) "Custody and tenure" means he lived with us, and we were responsible for paying for school, healthcare, everything... For the first year, his biological mom was supposed to give a minimal monthly "child support" but never gave anything... part of the evidence that eventually led to her parental rights being terminated.
In February 2019 a family court judge declared him adoptable (terminated parental rights) and ratified the custody and tenure (family judges are the maximum authority... even above ICBF). We were never declared "legal representatives" (aka legal guardians) during the 3+ years we had custody.
Our full and final adoption decree is from September 2020.
So, my question is: What constitutes "legal and physical custody" for USCIS? Do you think they will count the 3+ years of custody and tenure, since the "family commisary" granted it? Or should I wait to file in February, when the judge's confirmation of that custody and tenure reaches the 2-year mark (since family court is a higher authority)? Or will they only count the 2 years from the full and final adoption, onward?
NOTE: Our son is already 15 years old. If the custody years don't count, we might have to move to the US to insure that he qualifies for citizenship before he turns 18 (because it seems like the N600-k process can be very long, and we don't want to risk him aging out. If we have to wait 2 years from the adoption, he will be over 17 by the time we can apply... too close for comfort!)
If it would be helpful for further clarification, I can share some of the official (translated from Spanish) documents that I've mentioned here.
Thanks!
Emily
In June 2017 we were granted "custody and tenure" by a local "family commisary" (which handles family and child protection in small towns... our case was later transferred to the ICBF: Colombian Institue of Family Wellbeing, which is the Colombian equivalent of Child Protective Services. The family commisary reports to ICBF.) "Custody and tenure" means he lived with us, and we were responsible for paying for school, healthcare, everything... For the first year, his biological mom was supposed to give a minimal monthly "child support" but never gave anything... part of the evidence that eventually led to her parental rights being terminated.
In February 2019 a family court judge declared him adoptable (terminated parental rights) and ratified the custody and tenure (family judges are the maximum authority... even above ICBF). We were never declared "legal representatives" (aka legal guardians) during the 3+ years we had custody.
Our full and final adoption decree is from September 2020.
So, my question is: What constitutes "legal and physical custody" for USCIS? Do you think they will count the 3+ years of custody and tenure, since the "family commisary" granted it? Or should I wait to file in February, when the judge's confirmation of that custody and tenure reaches the 2-year mark (since family court is a higher authority)? Or will they only count the 2 years from the full and final adoption, onward?
NOTE: Our son is already 15 years old. If the custody years don't count, we might have to move to the US to insure that he qualifies for citizenship before he turns 18 (because it seems like the N600-k process can be very long, and we don't want to risk him aging out. If we have to wait 2 years from the adoption, he will be over 17 by the time we can apply... too close for comfort!)
If it would be helpful for further clarification, I can share some of the official (translated from Spanish) documents that I've mentioned here.
Thanks!
Emily