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VisaJourney.com > General Family Based Immigration Topics > Bringing family members of Permanent Residents to America

raphergirl
hi im a K1 visa i had a niece in my country philippines that i want to get her or getting her a visa while she's growing at the philippines i want her to get visa it could be [possible to get her and what type of visa and what do????
Kez/JWolf
You can not file for a Niece to move to the USA... the only visa she could get would be a visitors visa or if she is old enough a student visa but these would not allow her to remain in the US....

Kez
raphergirl
QUOTE(Niagaenola @ Oct 5 2007, 06:35 AM) *
You can not file for a Niece to move to the USA... the only visa she could get would be a visitors visa or if she is old enough a student visa but these would not allow her to remain in the US....

Kez





thanks for the response!!!! i had a questions again what if my husband adopted my niece could it be possible and what my niece type of visa we file or we do?
raphergirl
hello im here again asking a question if my niece will not be possible to get here at the states what if my husband US citizen wants to adopted my niece what will we do to get a visa for here or any application form?
Kez/JWolf
Sorry I dont know anything about adoption from the Philippines... but I do know that to be able to file an I-130 for an adopted child the child has to have been in the legal custody of the USC for more than 2 years, so unless your husband is going to move to her country and get legal custody and then adopt her I dont think it can be done....

Have a read of the instruction for the I-130 it clearly states who you can and can not file for...

http://www.uscis.gov/files/form/I-130instr.pdf

Kez
AUREA
Your US citizen husband should legally adopt your niece for you to be able to bring her/his to US. I think it will undergo a court hearing. Better consult a lawyer for the adoption process.

QUOTE(raphergirl @ Oct 5 2007, 05:47 AM) *
hello im here again asking a question if my niece will not be possible to get here at the states what if my husband US citizen wants to adopted my niece what will we do to get a visa for here or any application form?
john_and_marlene
QUOTE(raphergirl @ Oct 5 2007, 05:41 AM) *
thanks for the response!!!! i had a questions again what if my husband adopted my niece could it be possible and what my niece type of visa we file or we do?



You can't use an adoption to circumvent the immigrations laws. In order to file for her as an adopted child, she would have had to live with your husband as an adopted minor child for 2 years prior to filing a petition.
rebelheart
QUOTE(raphergirl @ Oct 5 2007, 06:47 AM) *
hello im here again asking a question if my niece will not be possible to get here at the states what if my husband US citizen wants to adopted my niece what will we do to get a visa for here or any application form?


As Kez said, your husband should have the custody of the child 2 yrs before you could file petition for adopted child. And it means he should be in Phils to accummulate that 2 years in his custody because the child won't be able to come to the US to be with him in 2 yrs time because no visa available for the child prior to the petition. And since your husband is not a resident in Phils, he need to hire an agency for adoption and court hearing should commence where the child is. And thats the only time he could apply for the petition of the child if he got the adoption decree settled.

You post too much though .... is it the niece or your sister you want to petition?

anyway... about your sister, you are the only one who could petition her because you are the relative but you could only do that not until you are a US citizen already. And as i've heard petition for siblings takes 10-21 years or more for results of the visa...it still depends.

goodluck!
jasman0717
Look at the bulletin: http://travel.state.gov/visa/frvi/bulletin...letin_3761.html

You can look into student visas
jasman0717
Wow, triplicate posts blink.gif
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