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mastyr

Bringing my step children from the Philippines

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Hello I am a US citizen, my wife has her adjustment of status pending, my wife's ex husband who is a permnant resident in the US has petition there children, but my wife and I want them to stay with us, is this possible?

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the children were staying with my wife in the Philippines, then she came here in the US last May, now the children are currently staying with her mother in the Philippines

thank you for replying Transborderwife

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It all depends on who has custody.

Was there a reason to why you didn't petition for her children at the same time as her?


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My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


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I believe my wife has custody because her ex husband came to the US six years ago, the reason the kids didn't come with her is cause we need some time to get set-up, money is tight and when she got here, we had to move to a new apartment a month after she got here because our landlord decided to change the terms of the lease. now have a new place and much better financially. The ex husband began the application last march, what will happen if I make an application for them?

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How old are they?


“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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This is something your wife should discuss with her ex. Once the kids are in the US, either thru him or you, custody may be an issue.

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Well if your wife has custody he can't get them here without her approval so then I wouldn't worry about it.


Noa 1 August 15th 2011
Noa 2 March 2nd


NVC case numbers March 22nd
My sons AOS and IV bill paid March 23rd (status in progress)
My sons AOS and IV bill shows as paid March 26
My IV bill paid March 26
Both packages sent on March 26
My IV bill shows as paid on March 27th
CC on both cases March 30


Current record holder of fastest through the NVC :D

Medical exam in Stockholm April 13th
Interview on May 16th !!!

POE Anchorage July 12th!! 2012

July 2015 n-400 in the mail

September 2015, interview

October 23rd 2015, Oath ceremony!!!!!​​

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It's quite rare in the Philippines to battle over child custody. Usually the children are with the mother but it's not as properly documented as child custody battles here in the US.

Assuming the children were born in wedlock and no court order regarding custody, he can still file or chase for joint custody once the children are here in the US, even if petitioned by the step-father. That's why I suggest that they talk it through.

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You've got some issues here to consider. You state money is tight and then are thinking of adding 3 kids to the mix. Are you prepared for that jolt to your finances?

A converstion with a family law attorney would probably be worth the small money spent. Preferrably an attorney with some familiarity with this type of scenario. A bit of education now may be invaluable to you and your spouse later on.


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Hi,

Once the children moves, custody will be determined by the state they live in.

If the ex is petitioning them, there will be a presumption that they are coming to live with him.

It will be the best interests of the children. If the parents can not agree, then a family court in the U.S. will decide.

Best of luck

Edited by aaron2020

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