Pre or post marriage adoption of niece?

[elsanbob 0]

Hi All,

My finance' is raising her niece as her own but hasn't officially adopted her yet. Adoption of my daughter to be is not a question. Which would be best: 1) my finance' to adopt before we marry or 2) marry then adopt? Which would be best from the immigration point of view? We are going IR1 for sure and my daughter to be is with my finance'. Any thoughts or advice would be welcome. Thanks all.

Bob

[Dakine 26]

Hi All,

My finance' is raising her niece as her own but hasn't officially adopted her yet. Adoption of my daughter to be is not a question. Which would be best: 1) my finance' to adopt before we marry or 2) marry then adopt? Which would be best from the immigration point of view? We are going IR1 for sure and my daughter to be is with my finance'. Any thoughts or advice would be welcome. Thanks all.

Bob

How can you do a IR-1 spouse visa when you aren't married?

I'd say it would be a lot better if she adopts her niece before you guys marry. Neither way is easy tho.

[Anh map 2,098]

You should post this in the PI regional forum.

There was another post yesterday (can't remember which forum) where a VJ'er (Dakine) with PI experienced posted links to the US Embassy Manila website giving detailed info regarding adoption. MAy want to check the embassy website too.

And there is Dakine.

Edited October 8, 2009 by Anh map

[Zen Den 18]

Hi All,

My finance' is raising her niece as her own but hasn't officially adopted her yet. Adoption of my daughter to be is not a question. Which would be best: 1) my finance' to adopt before we marry or 2) marry then adopt? Which would be best from the immigration point of view? We are going IR1 for sure and my daughter to be is with my finance'. Any thoughts or advice would be welcome. Thanks all.

Bob

your fiancee has to legally adopt her niece first if she's planning on bringing the girl w/her. it takes a bit of long time, depending on the circumstance (lots of proof of psychological, emotional maturity, financial capacity etc, and several visits/investigations by the DSWD) so the sooner, the better.

after the niece is legally adopted, you can then petition your fiance as a K1 or marry her and go to for CR/IR, without any problem of the niece being included in the petition

[sjr09 155]

Hi All,

My finance' is raising her niece as her own but hasn't officially adopted her yet. Adoption of my daughter to be is not a question. Which would be best: 1) my finance' to adopt before we marry or 2) marry then adopt? Which would be best from the immigration point of view? We are going IR1 for sure and my daughter to be is with my finance'. Any thoughts or advice would be welcome. Thanks all.

Bob

She is not your daughter officially, so your K1 finance will need to do the adoption at this point.

Immigration point of view.

If you are a U.S. citizen and the adoptive parent of a child or son or daughter who lived with you in your legal custody for two years while a child, you must file the following with the U.S. Citizenship and Immigration Services:

Form I-130, Petition for Alien Relative

A copy of your birth certificate or U.S. passport

If you were not born in the U.S., a copy of either:

your Certificate of Naturalization or Citizenship or

your U.S. passport

A copy of the child’s birth certificate showing the child’s name

A certified copy of the adoption decree (the adoption must have taken place before the child reached the age of 16, with only one exception: if you adopted the child’s sibling who had not yet reached age 16, the older sibling must have been adopted before reaching the age of 18)

The legal custody decree if you obtained custody of the child before adoption

A statement showing the dates and places your child has lived with you, and proof that your child has lived with you and has been in your legal custody for at least two years

If anyone’s name has been legally changed (if it differs from the name on his or her birth certificate), evidence of the name change must be submitted.

Edited October 8, 2009 by sjr09

[sjr09 155]

Hi All,

My finance' is raising her niece as her own but hasn't officially adopted her yet. Adoption of my daughter to be is not a question. Which would be best: 1) my finance' to adopt before we marry or 2) marry then adopt? Which would be best from the immigration point of view? We are going IR1 for sure and my daughter to be is with my finance'. Any thoughts or advice would be welcome. Thanks all.

Bob

How can you do a IR-1 spouse visa when you aren't married?

I'd say it would be a lot better if she adopts her niece before you guys marry. Neither way is easy tho.

True, maybe cheaper and faster if she adopts her in the PI

[elsanbob 0]

Hi All,

My finance' is raising her niece as her own but hasn't officially adopted her yet. Adoption of my daughter to be is not a question. Which would be best: 1) my finance' to adopt before we marry or 2) marry then adopt? Which would be best from the immigration point of view? We are going IR1 for sure and my daughter to be is with my finance'. Any thoughts or advice would be welcome. Thanks all.

Bob

How can you do a IR-1 spouse visa when you aren't married?

I'd say it would be a lot better if she adopts her niece before you guys marry. Neither way is easy tho.

True, maybe cheaper and faster if she adopts her in the PI

thanks all, found info on the adoption thread also that fits and contacted a lawyer on this. Seems two routes. 1st through Hauge adoption (2 years about) or Fiance' adopt then marry (she still has to have 2years legal and physical custody of niece before niece could immigrate legally) I'm investigating this further with the lawyer to insure no missteps as she's a barrister here and in Philippines. Thank you all for your guidance and support!! May take a little longer but we have the rest of our lives. :-)

[Chris Me lil D 17]

Hi All,

My finance' is raising her niece as her own but hasn't officially adopted her yet. Adoption of my daughter to be is not a question. Which would be best: 1) my finance' to adopt before we marry or 2) marry then adopt? Which would be best from the immigration point of view? We are going IR1 for sure and my daughter to be is with my finance'. Any thoughts or advice would be welcome. Thanks all.

Bob

How can you do a IR-1 spouse visa when you aren't married?

I'd say it would be a lot better if she adopts her niece before you guys marry. Neither way is easy tho[/color].

True, maybe cheaper and faster if she adopts her in the PI

thanks all, found info on the adoption thread also that fits and contacted a lawyer on this. Seems two routes. 1st through Hauge adoption (2 years about) or Fiance' adopt then marry (she still has to have 2years legal and physical custody of niece before niece could immigrate legally) I'm investigating this further with the lawyer to insure no missteps as she's a barrister here and in Philippines. Thank you all for your guidance and support!!

May take a little longer but we have the rest of our lives.

I like that

Edited October 8, 2009 by Chris and Ani

[sjr09 155]

Hi All,

My finance' is raising her niece as her own but hasn't officially adopted her yet. Adoption of my daughter to be is not a question. Which would be best: 1) my finance' to adopt before we marry or 2) marry then adopt? Which would be best from the immigration point of view? We are going IR1 for sure and my daughter to be is with my finance'. Any thoughts or advice would be welcome. Thanks all.

Bob

How can you do a IR-1 spouse visa when you aren't married?

I'd say it would be a lot better if she adopts her niece before you guys marry. Neither way is easy tho.

True, maybe cheaper and faster if she adopts her in the PI

thanks all, found info on the adoption thread also that fits and contacted a lawyer on this. Seems two routes. 1st through Hauge adoption (2 years about) or Fiance' adopt then marry (she still has to have 2years legal and physical custody of niece before niece could immigrate legally) I'm investigating this further with the lawyer to insure no missteps as she's a barrister here and in Philippines. Thank you all for your guidance and support!! May take a little longer but we have the rest of our lives. :-)

Barrister, are you from Canada? Or living in the US? Barrister is a lawyer in Canadian court.... The VJ Guides, or any USCIS laws may not apply if that’s the case! Please fill in your timelines.

[Darnell 8,478]

Barrister here? Where is here?

[elsanbob 0]

Barrister here? Where is here?

My apologies as we're just beginning this journey. I used barrister as another term for lawyer. I'm located in California US, and Elsa in Manila PH.

My apologies for the confusion caused. The lady lawyer posted earlier in this thread is good in my humble opinion for this particular case. (not advocating just stating my personal feelings) Elsa and I are to be married in February in Manila and needed proper , legal guidance on the topic so to minimize the disruption in the ladies lives...Elsa and her niece.

Again , please accept my apologies for being incoherent, I promise I'll be more thoughtful on the next post.

Bob

[Darnell 8,478]

Hey - no probs on da Barrister bit.

I work in Liverpool, UK, 3 to 6 months out of the year, I'm used to the term, and ya confused me , using it here - always assumption is Immigration to USA. But I digress.

IMO - your lass should have the adoption paperwork FINISHED before ya get married.

Warmest Regards..