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Duckpuddle

Adopting a nephew?

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Here is a hypothetical scenario.

A U.S. Citizen marries a Filipino who now has a green card. They are living in the U.S. The Filipino has an unmarried brother with an eight year old child. Everyone agrees that the child would have a better life with the child's uncle and his American husband. The child's father (and unmarried mother) are willing to legally relinquish parental authority.

Can the couple adopt the child and bring him to the U.S.?

What are the general steps that would have to be taken to make this happen?


Same sex fiancé K1 petition (Filipino/American)2014-06-30 - I-129F UPS package received Lewisville, TX2014-07-02 - NOA 1 issued, received paper copy 7/102014-07-03 - Check converted to EFT and processed2014-07-08 - Status change from acceptance to review (via USCIS receipt look up)2014-10-01 - RFE issued (via text, email, no details)2014-10-07 - RFE received (via USPS)2014-10-08 - Requested evidence sent overnight (via USPS)2014-10-10 - Status change to RFE response review (via text - twice! - from 2 different phone numbers, email)2014-10-16 - NOA 2 issued: Approved! (via text, and email)2014-10-20 - Received NAO 2 paper certificate2014-10-21 - Received notice of post decision activity: case shipped to NVC2014-11-04 - Received letter from NVC with embassy case number 2014-11-30 - DS-160 completed, electronic confirmation page received2014-12-05 - Interviewed scheduled (2015-01-06)2015-01-06 - Interview: Approved!2015-02-02 - POE Boston<p>2015-02-13 - Married before Justice of the Peace !

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I have no idea if it is possible to adopt in these circumstances, that would be a matter for a PI Lawyer to advise on.

Generally the adoptive parents would need to have 2 years legal custody, so that would require a move to the PI, to obtain US immigration benefit.

So a multi year process.


“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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Well first of all the Philippine government will not see you as a couple because same sex marriage is not recognized in there. It may be a hurdle for the adoption process although I'm not an expert. You need to find a good adoption lawyer in Manila.

Good luck!

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Ooops


“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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Ooops

Huh?


Same sex fiancé K1 petition (Filipino/American)2014-06-30 - I-129F UPS package received Lewisville, TX2014-07-02 - NOA 1 issued, received paper copy 7/102014-07-03 - Check converted to EFT and processed2014-07-08 - Status change from acceptance to review (via USCIS receipt look up)2014-10-01 - RFE issued (via text, email, no details)2014-10-07 - RFE received (via USPS)2014-10-08 - Requested evidence sent overnight (via USPS)2014-10-10 - Status change to RFE response review (via text - twice! - from 2 different phone numbers, email)2014-10-16 - NOA 2 issued: Approved! (via text, and email)2014-10-20 - Received NAO 2 paper certificate2014-10-21 - Received notice of post decision activity: case shipped to NVC2014-11-04 - Received letter from NVC with embassy case number 2014-11-30 - DS-160 completed, electronic confirmation page received2014-12-05 - Interviewed scheduled (2015-01-06)2015-01-06 - Interview: Approved!2015-02-02 - POE Boston<p>2015-02-13 - Married before Justice of the Peace !

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You need to do more research on this. Adopting a family member to achieve an immigration benefit is not a simple thing. http://travel.state.gov/content/adoptionsabroad/en/us-visa-for-your-child.html


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Thanks for the link. I am just beginning the research. I know it is not simple. I also know that I will do this in the correct way, however long it takes. The link you gave is helpful. Thanks again.


Same sex fiancé K1 petition (Filipino/American)2014-06-30 - I-129F UPS package received Lewisville, TX2014-07-02 - NOA 1 issued, received paper copy 7/102014-07-03 - Check converted to EFT and processed2014-07-08 - Status change from acceptance to review (via USCIS receipt look up)2014-10-01 - RFE issued (via text, email, no details)2014-10-07 - RFE received (via USPS)2014-10-08 - Requested evidence sent overnight (via USPS)2014-10-10 - Status change to RFE response review (via text - twice! - from 2 different phone numbers, email)2014-10-16 - NOA 2 issued: Approved! (via text, and email)2014-10-20 - Received NAO 2 paper certificate2014-10-21 - Received notice of post decision activity: case shipped to NVC2014-11-04 - Received letter from NVC with embassy case number 2014-11-30 - DS-160 completed, electronic confirmation page received2014-12-05 - Interviewed scheduled (2015-01-06)2015-01-06 - Interview: Approved!2015-02-02 - POE Boston<p>2015-02-13 - Married before Justice of the Peace !

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