Immigration policy says that, "adopted child has to be in legal custody and physically live with the petitioner for at least 2 years before or after adoption". My concern is that, while I did legally adopt my nephew in 2002, I have not physically live with him (I am in USA, while he is in China)after adoption. However, prior to April,2002 (when I came to the US for marriage), my nephew live with me for a few years. Given such circumstance, am I eligible to file I-130 ?
I appreciate any help.