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Hi! I am a US citizen, but have my FM2 in Mexico. My husband is a Mexican citizen. we have been in Mexico for a little over a year.
I have 2 children from a previous marriage, my husband has none. We have been trying to have a child for a little over 2 years. After a miscarriage and multiple failed IUIs, we have decided to adopt if IVF doesn't work in the fall.
We have only just begun the research process. I have read about the Hague Convention, but I am not sure if we would need to meet all of those requirements since we do in fact live in Mexico. My husband does not have any type of visa to enter the US and we do not even reside in the so we could not legally adopt a child in the US due to no legal residence nor employment. So my question is is it even possible to privately adopt here in Mexico if you are a US citizen, but legal resident in Mexico without having to be approved to adopt in the US?
I am asking here because we cannot find this information anywhere online and have not yet contacted an attorney being that we are still going to do IVF. We just want to know our options, if any.
Thanks for your help!
Let me suggest that, if you want your child to be able to travel to the U.S. and to be eligible for U.S. citizenship, you should use the U.S. citizen process for adopting internationally and get a Mexican "plena" adoption, and not the domestic Mexican process that results in a "simple" adoption. If you adopt using the Mexican process, your child will not qualify for a visa to enter the U.S., and will not be eligible for automatic U.S. citizenship.
Many American expats adopt using the American process. Basically, it's no big deal, as long as at least one spouse is a U.S. citizen. It doesn't matter if you are adopting from the country in which you are living or from a different country. But it will be a bit more expensive and take a bit longer.
First, find a Hague-accredited U.S. agency that will work with expats and that is highly experienced, and let it guide you. At this time, there are 12 Hague-accredited U.S. agencies that are acceptable to the Mexican government, so you will have to choose one of them.
You will need a homestudy that is acceptable to the USCIS, as well as to your agency. Usually, an experienced agency can recommend an American social worker that works in Mexico and is acceptable to the USCIS. Many U.S. embassies and consulates also maintain lists of homestudy social workers that will work with Americans living abroad. The homestudy will be based on the home you have in Mexico, the job you have in Mexico, the money you have in banks in Mexico and/or the U.S., etc. You will probably need police clearances and child abuse clearances from both Mexico and the U.S.
Once you have an approved homestudy, you will file the I-800A with the USCIS. That form lets the USCIS determine whether you are fit to bring an orphan to the U.S. In general, if you have an approved homestudy done by a person experienced with international adoption, you will be approved by the USCIS unless it is obvious that you and your spouse don't meet Mexican requirements regarding age, length of marriage, income etc., or unless there are some red flags for either of you, such as a criminal record, a history of alcohol or drug abuse, a history of serious mental illness, or a current serious illness that could affect your ability to parent.
Once you have homestudy and USCIS approval, your agency will help you compile a dossier of documents that the Mexican government will require to evaluate your application to adopt, and to go through the process of having them authenticated. (Some countries request the apostille, while others use the notarization+certification+authentication process that will be explained to you.
Once the paperwork is complete, your agency will send it to the appropriate parties in Mexico. Be aware that you must NOT try to find a child on your own, either by going to an orphanage or by contacting pregnant women. You may visit the child ONLY after he/she has been referred to you officially by the Mexican government and you have accepted the referral.
Your agency will oversee the process of getting Mexican approval, and conveying to you a referral -- the name and basic information pertaining to a child that has been selected for you by the Mexican government. You will have some time to review the referral, discuss the information with an adoption medicine physician, etc. If you learn that the child appears to have a medical issue that you would not be equipped to handle, you may reject the referral and you will usually be referred another child. However, if you refuse a child because he/she is a month or two older than you wanted, or the wrong skin tone, or "not cute enough", you probably won't get another referral.
At that point, your agency will work with you on the process of completing U.S. and Hague requirements -- more paperwork. You will eventually be allowed to complete the adoption. At that time, you will receive the child's Mexican passport. You will need to go to the U.S. Embassy and get a Hague visa in the passport. You will then need to make a trip to the U.S. with the child, using his/her Hague visa (IH-3 or IH-4) and go through an expedited naturalization process. (With expats, the child doesn't become a citizen the minute he goes through Immigration at a U.S. airport; most expats go to a state that's known for handling expedited naturalizations quickly, like Hawaii.) Your husband can get a tourist visa for the trip, and you can travel on your U.S. passport.
For more information on the process, go to [url=http://adoption.state.gov/country_information/country_specific_info.php?country-select=mexico]MEXICO | Intercountry Adoption[/url], and read the general information on the process, as well as the two "alerts".
Now, I must tell you that Mexican adoptions don't always go smoothly. Individual jurisdictions often have rules that are different from those of the federal government, for example, and some officials are corrupt. That's why it's very important to work with a highly ethical, licensed U.S. agency that has worked in Mexico for some time, is Hague-accredited, and is acceptable to the Mexican government. Always ask an agency about problems it has encountered, expected time frames, and the chances of higher fees.
In addition, before signing on with an agency, make sure that it can get you a "plena" decree even though you do not have U.S. residency. Technically, the plena decree needs to specify that it's an international adoption because the spouses live in the U.S. It would probably be helpful if you, as the U.S. citizen spouse, were still considered a resident of a U.S. state, where you vote, where you possibly own property, where you possibly have money in a bank, etc.
International adoption is a complex legal process, but don't try to simplify things by cutting corners. If you don't go through the American process, your child will NOT be able to move to the U.S. or to obtain U.S. citizenship. And if you don't follow the Mexican rules, you may find that your adoption doesn't get finalized.
Sharon
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Let me suggest that, if you want your child to be able to travel to the U.S. and to be eligible for U.S. citizenship, you should use the U.S. citizen process for adopting internationally and get a Mexican "plena" adoption, and not the domestic Mexican process that results in a "simple" adoption. If you adopt using the Mexican process, your child will not qualify for a visa to enter the U.S., and will not be eligible for automatic U.S. citizenship.
Many American expats adopt using the American process. Basically, it's no big deal, as long as at least one spouse is a U.S. citizen. It doesn't matter if you are adopting from the country in which you are living or from a different country. But it will be a bit more expensive and take a bit longer.
First, find a Hague-accredited U.S. agency that will work with expats and that is highly experienced, and let it guide you. At this time, there are 12 Hague-accredited U.S. agencies that are acceptable to the Mexican government, so you will have to choose one of them.
You will need a homestudy that is acceptable to the USCIS, as well as to your agency. Usually, an experienced agency can recommend an American social worker that works in Mexico and is acceptable to the USCIS. Many U.S. embassies and consulates also maintain lists of homestudy social workers that will work with Americans living abroad. The homestudy will be based on the home you have in Mexico, the job you have in Mexico, the money you have in banks in Mexico and/or the U.S., etc. You will probably need police clearances and child abuse clearances from both Mexico and the U.S.
Once you have an approved homestudy, you will file the I-800A with the USCIS. That form lets the USCIS determine whether you are fit to bring an orphan to the U.S. In general, if you have an approved homestudy done by a person experienced with international adoption, you will be approved by the USCIS unless it is obvious that you and your spouse don't meet Mexican requirements regarding age, length of marriage, income etc., or unless there are some red flags for either of you, such as a criminal record, a history of alcohol or drug abuse, a history of serious mental illness, or a current serious illness that could affect your ability to parent.
Once you have homestudy and USCIS approval, your agency will help you compile a dossier of documents that the Mexican government will require to evaluate your application to adopt, and to go through the process of having them authenticated. (Some countries request the apostille, while others use the notarization+certification+authentication process that will be explained to you.
Once the paperwork is complete, your agency will send it to the appropriate parties in Mexico. Be aware that you must NOT try to find a child on your own, either by going to an orphanage or by contacting pregnant women. You may visit the child ONLY after he/she has been referred to you officially by the Mexican government and you have accepted the referral.
Your agency will oversee the process of getting Mexican approval, and conveying to you a referral -- the name and basic information pertaining to a child that has been selected for you by the Mexican government. You will have some time to review the referral, discuss the information with an adoption medicine physician, etc. If you learn that the child appears to have a medical issue that you would not be equipped to handle, you may reject the referral and you will usually be referred another child. However, if you refuse a child because he/she is a month or two older than you wanted, or the wrong skin tone, or "not cute enough", you probably won't get another referral.
At that point, your agency will work with you on the process of completing U.S. and Hague requirements -- more paperwork. You will eventually be allowed to complete the adoption. At that time, you will receive the child's Mexican passport. You will need to go to the U.S. Embassy and get a Hague visa in the passport. You will then need to make a trip to the U.S. with the child, using his/her Hague visa (IH-3 or IH-4) and go through an expedited naturalization process. (With expats, the child doesn't become a citizen the minute he goes through Immigration at a U.S. airport; most expats go to a state that's known for handling expedited naturalizations quickly, like Hawaii.) Your husband can get a tourist visa for the trip, and you can travel on your U.S. passport.
For more information on the process, go to [url=http://adoption.state.gov/country_information/country_specific_info.php?country-select=mexico]MEXICO | Intercountry Adoption[/url], and read the general information on the process, as well as the two "alerts".
Now, I must tell you that Mexican adoptions don't always go smoothly. Individual jurisdictions often have rules that are different from those of the federal government, for example, and some officials are corrupt. That's why it's very important to work with a highly ethical, licensed U.S. agency that has worked in Mexico for some time, is Hague-accredited, and is acceptable to the Mexican government. Always ask an agency about problems it has encountered, expected time frames, and the chances of higher fees.
In addition, before signing on with an agency, make sure that it can get you a "plena" decree even though you do not have U.S. residency. Technically, the plena decree needs to specify that it's an international adoption because the spouses live in the U.S. It would probably be helpful if you, as the U.S. citizen spouse, were still considered a resident of a U.S. state, where you vote, where you possibly own property, where you possibly have money in a bank, etc.
International adoption is a complex legal process, but don't try to simplify things by cutting corners. If you don't go through the American process, your child will NOT be able to move to the U.S. or to obtain U.S. citizenship. And if you don't follow the Mexican rules, you may find that your adoption doesn't get finalized.
Sharon