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MidnightDreary

Unique situation/question

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First of all, I've been enjoying all of the information on this forum; it really is a wealth of knowledge. I hope I'm putting this question in the right place - it seemed like it could fit a couple of different places, so I just chose to go with general. Please feel free to move if it belongs somewhere else.

Here's the situation. I'm a U.S. citizen, and I'm thinking about asking my Filipino girlfriend to marry me sometime down the road (nothing imminent). I think she would, and would like to move to America, except for one thing. She takes care of her 6 y.o. half-sister, and I don't know if she would be comfortable leaving her behind with relatives (if she even could). From what I understand about the K-2 visa, it only applies to children (including adopted children); is it safe to assume there's no way it could be used for a sibling under one's guardianship?

A related question more specific to the Philippines, I guess, would be how difficult would it be for her to legally adopt her half-sister? Is it even possible? The girl's parents are both still alive. However, the father they share doesn't work and doesn't provide for the girl in any way, which is why her sister took her over. The girl's mom just abandoned her; they don't even know what province she lives in now. Her older sister is really all she has, so leaving her behind just wouldn't be much of an option.

Thanks for any insight or suggestions anyone can provide. Like I said, nothing is imminent in terms of a marriage proposal, but I'm trying to think ahead because this would certainly be one potential obstacle.

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*** Thread moved from General Immigration Discussion forum to the Philippines regional subforum, because of the country-specific question and for potential answers to the general question. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Well, I know that you can't consider siblings for K2 visa, so that's out of the question. And honestly that is a very complicated situation that can potentially give you headaches. Might be better if you consult a lawyer about this.

Your possible options are:

1. Marry your GF and wait for her to become a citizen, then she can file a petition for her half-sister, but that will take several years, more than 20 last I read.

2. Adopt her sister as your child, which will require a lot of paperwork and requirements as well as consent from her father, and that too will take some time and money.

There is a lot of potential baggage involved in this situation, if you don't mind me saying. If you are serious in your relationship with her, then you will need to prepare yourself, because this is not gonna be easy.

Hopefully someone more knowledgeable here can suggest an easier way of doing this.

Good luck.


10/25/2008 - Met on Friendster
12/22/2010 - Met in person in the Philippines for the first time

05/18/2013 - Got engaged

K1 Timeline:

02/28/2014 - I-129F Submitted
04/08/2014 - I-129F NOA2 Received

07/03/2014 - SLEC Medical Appointment 1 (Result: Sputum Culture)

09/18/2014 - SLEC Medical Appointment 2 (Result: Passed)

10/14/2014 - K1 Visa Interview (Result: Approved)

10/23/2014 - K1 Visa Issued

11/09/2014 - Entered USA (POE: Los Angeles)

01/02/2015 - Wedding Day

AOS Timeline:

03/02/2015 - I-485 Submitted (with I-765 & I-131)

03/13/2015 - I-485 NOA Received (with NOA for I-765 & I-131)

03/30/2015 - Biometrics Appointment Completed

05/12/2015 - I-785 & I-131 Approved

05/20/2015 - EAD/AP Combo Card Received

06/10/2015 - AOS Interview (Result: Approved)

06/18/2015 - Conditional Green Card Received

ROC Timeline:

05/15/2017 - I-751 Submitted 
05/26/2017 - I-751 NOA Received 
06/13/2017 - Biometrics Appointment Completed

07/18/2017 - Extension NOA Received (one year extension)
03/05/2018 - I-751 Received by Local Office
04/20/2018 - Infopass Appointment (Result: I-551 Stamp on Passport, six-month extension)

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First of all, I've been enjoying all of the information on this forum; it really is a wealth of knowledge. I hope I'm putting this question in the right place - it seemed like it could fit a couple of different places, so I just chose to go with general. Please feel free to move if it belongs somewhere else.

Here's the situation. I'm a U.S. citizen, and I'm thinking about asking my Filipino girlfriend to marry me sometime down the road (nothing imminent). I think she would, and would like to move to America, except for one thing. She takes care of her 6 y.o. half-sister, and I don't know if she would be comfortable leaving her behind with relatives (if she even could). From what I understand about the K-2 visa, it only applies to children (including adopted children); is it safe to assume there's no way it could be used for a sibling under one's guardianship?

A related question more specific to the Philippines, I guess, would be how difficult would it be for her to legally adopt her half-sister? Is it even possible? The girl's parents are both still alive. However, the father they share doesn't work and doesn't provide for the girl in any way, which is why her sister took her over. The girl's mom just abandoned her; they don't even know what province she lives in now. Her older sister is really all she has, so leaving her behind just wouldn't be much of an option.

Thanks for any insight or suggestions anyone can provide. Like I said, nothing is imminent in terms of a marriage proposal, but I'm trying to think ahead because this would certainly be one potential obstacle.

This is my opinion. This is going to take lots of patience, due diligence, a lawyer or lawyers and will take 1-3 or more years depending on the outcome of the courts. I read a blog page where someone talks about their experience and their do's and don'ts. I recommend that you do a lot of research and your first step should be there at adoption.com. Please make sure this relationship is going to last and that she does not milk you for money to satisfy herself. I'm just saying. There are a lot of scammers out there so be careful. Maybe work on your relationship, do your research and then commit to her. Just go slow.

Here's the website:

https://adoption.com/forums/thread/383665/relative-adoption-Philippines/

Edited by Greenbaum

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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I think she could adopt, and then file like it's her kid. Similar to you adopting I guess. The adoption stuff is slow, I think we would adopt but waiting a year or more seems a bit much for a kid. That's a long time when it's a baby. I suggest you get to work if you think that's the route you wanna go.

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It is very common for children to be left behind, never mind siblings.

Sounds like you are at an early stage and realistically you may be better looking for a less complicated situation.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thank you for all of the thoughtful information and suggestions. Yes, we're still at an early stage of the relationship - in fact, I am in the midst of my first visit to the Philippines right now. Neither of us is in a rush to get married or engaged, and I don't think it's something that would be seriously considered for another year or more. But, we do both seem to really like each other, so I'm just thinking of the potential situation down the road... I don't know that I just want to "look for another situation" just because this one might be a little complicated. It seems like perhaps the best option would be for her to start the process of trying to adopt her sister now, and if it takes a year or two, no big deal; if it doesn't work out, at least we tried. Thanks again, and any other thoughts are certainly welcome.

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Also, thank you for the link Greenbaum. I read through the thread - it seems like everyone who chimed in there was already married and talking about the process of adopting as a married couple. For some reason, I was assuming maybe it would be easier if she adopted her sister first, because isn't the the k-2 visa pretty much automatic for a child/adopted child once the K-1 is approved? But then again, I don't know how easy/complicated the adoption process is for a single person within the Philippines. I will continue to research that adoption website, so thanks again.

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Two issues, can she adopt.

Will that adoption get her an immigration benefit.

No harm having a look around as you are there.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Also, thank you for the link Greenbaum. I read through the thread - it seems like everyone who chimed in there was already married and talking about the process of adopting as a married couple. For some reason, I was assuming maybe it would be easier if she adopted her sister first, because isn't the the k-2 visa pretty much automatic for a child/adopted child once the K-1 is approved? But then again, I don't know how easy/complicated the adoption process is for a single person within the Philippines. I will continue to research that adoption website, so thanks again.

YW :thumbs:

When she goes for the her interview she will also bring her sister. Paperwork and fees need to be paid for each as well as medical, passport, NBI, NSO etc. This is an expensive journey your about to venture on. Count on somewhere around 4-5K from start to finish. Are you up for that kind of investment. An I haven't even included the adoption, as I have no idea what that will cost.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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