Philippines: K1 / K2 -- Utterly Confused! Please advise?

[Kris & Liezl 3]

I am quite new to this, so there are many things that are very confusing to me, which I would appreciate ANYONE'S advice/explanation on.

Fist a little background (or you can go directly to my questions at the end of this post):

I became friends with a woman in the Philippines a little over 9 years ago now. We are both 28 at the time of this message. Around 5 or 6 years ago, her mother died leaving my friend, two younger siblings and their father. Their father travels a lot - looking for work and very rarely finding it - and is gone for weeks or even months at a time. Her brother was in his late teens when the mom passed, and is now grown. However, he has had issues since the passing of their mom. Her sister was only 5 (now 11) when their mom died, and my friend has essentially raised her since then - they are, quite literally, attached at the hip now. Five years later, her dad is remarried, but the only gainfully employed person in the household is my friend, and she supports them all on a small teaching salary.

After finally visiting my friend in the Philippines for the first time earlier this year (May 2009), we realized we love each other and have been discussing marriage since my return to the U.S.. However, our discussions always end up back at "what would I do with my sister?" or "I am afraid to leave my sister - she still needs my guidance". And after seeing them together, I will admit that they are probably a packaged deal. So my concern is that I love this woman, but I can not be with her unless her sister can come with her. And this is no problem with me. The real problem is, can this be accomplished? Is this possible with regards to American Immigration law?

My friend is presently in the process of trying to adopt her sister away from their dad. She wants legal custody of her, so she can make the decisions, but also so she can move and get her away from their brother's influence. Well I've been reading about immigration a lot lately, and the adoption seems like a good idea for our situation actually, but it is also where my confusion lies.

Quote from U.S. Embassy in Manila website:

"Under U.S. immigration law, only children under the age of 18 at the time their

natural parent

married a U.S. citizen are considered “step-children” for immigration purpose."

From USCIS website:

"For immigration purposes, a child can be any of the following:...

An

adopted child

if the child was adopted prior to age 16 (one exception is if siblings are adopted, as long as one was under 16, the other could be older than 16 but younger than 18), AND the adopted child has resided in the legal and physical custody of the adoptive parent for 2 years prior to filing (the legal and physical custody do not have to be the same time period, but each must be met for 2 years)"

So my questions are...

- If my friend IS able to legally adopt her sister, AND IF we do end up getting married (K1), then will her sister be able to accompany her here to Texas as a K2? Obviously, my friend is not the "natural parent" of her sister; but once adopted, she would be the legal guardian of her sister. Do you see my confusion? Seems like these two websites have conflicting information.

- Can a school-age child (K2) legally attend public school? Are there limitations/restrictions on that?

- Does anyone have any advice i can give to my friend to help her LEGALLY and AFFORDABLY adopt her sister in the Philippines? She says she can probably get their father to give up his parental rights... But then what? Lawyers used, costs, time-frame - any advice is helpful.

- Also, is K1/K2 the right choice for us in this situation? We haven't started anything yet, so that can easily change.

[Dakine 26]

If she can adopt her then you can bring the "daughter" with "mom's" either as a K1/K2, CR-1/CR-2 or a K3/K4.

Difficult to adopt in PI unless the child is ophaned or abandoned.

[jroc 0]

If she can adopt her then you can bring the "daughter" with "mom's" either as a K1/K2, CR-1/CR-2 or a K3/K4.

Difficult to adopt in PI unless the child is ophaned or abandoned.

If you have money you can adopt......I know an Attorney in AC that is quite good...will cost about 2k US.....will the father put up a fight or go along? That is the issue.

[Kris & Liezl 3]

If she can adopt her then you can bring the "daughter" with "mom's" either as a K1/K2, CR-1/CR-2 or a K3/K4.

Difficult to adopt in PI unless the child is ophaned or abandoned.

Interesting. You are not the first person I've seen say that it is difficult to adopt in the Philippines. However, I have also read on their official government site about adoptions, and it doesn't sound hard. It mentions about local and international adoptions:

http://www.gov.ph/index.php?option=com_con...5&Itemid=40

Specifically with regard to LOCAL ADOPTIONS:

There are three types of adoption in the Philippines:

1. Agency adoptions are those in which a licensed adoption agency finds and develops adoptive families for children who are voluntarily or involuntarily committed.

2. Family or relative adoptions are those where the biological parents make a direct placement of the child to a relative or a member of their extended family with whom they relinquish their child.

3. Private or independent adoptions could either be a direct placement to a family known by the child's biological parents or through the use of an intermediary or a go-between. In an intermediary placement, an individual knows of parents who want to have their child adopted and arranges such placement to a family or someone who wants to adopt.

So basically, it seems like she should be able to do that second one since she is sure their father would be willing to relinquish his parental rights. He has no money, and no prospect of a job. And because he is constantly away from home, there is no way he can provide adequate care for her. Without my friends meager inome, the entire family suffers. To me, it seems like she should be given custody, no questions!

What am I missing? Why would it be difficult for my friend to adopt her sister - under the premise that she will probably take her to a bigger city, where there may be better schools, better work opportunities, and they get away from her partying-alcohlic-slacker brother.

Please advise.

[Kris & Liezl 3]

If she can adopt her then you can bring the "daughter" with "mom's" either as a K1/K2, CR-1/CR-2 or a K3/K4.

Difficult to adopt in PI unless the child is ophaned or abandoned.

If you have money you can adopt......I know an Attorney in AC that is quite good...will cost about 2k US.....will the father put up a fight or go along? That is the issue.

So you mean to say that I could adopt my friends sister, as opposed to her adopting her own sister? I thought I read somewhere that a single man cannot adopt. And the fact that I am single, a man, AND not Filipino... Doesn't that make my chances of adopting a girl from there an impossibility? Or are you saying your Attorney would elp MY FRIEND adopt her sister for that amount? She tells me, "I am sure our father will not have a problem with this." And he approves of me, so I guess that means he won't put up a fight.

In any event, I wouldn't mind getting the contact information for your lawyer.... I am in no way rich/wealthy; but according to that Affidavit of Support (or whatever it's called) document, I am financially capable of supporting three people. $2K would not be too bad of a hit. How much is the whole Fiance/Visa process? What if I also went with him to go through the Fiancee or Spouse visa process? Would he give a discount on the two (adoption + fiancee/spouse visa)? Can you tell me how to contact this Attorney?

[Zen Den 18]

I am quite new to this, so there are many things that are very confusing to me, which I would appreciate ANYONE'S advice/explanation on.

Fist a little background (or you can go directly to my questions at the end of this post):

I became friends with a woman in the Philippines a little over 9 years ago now. We are both 28 at the time of this message. Around 5 or 6 years ago, her mother died leaving my friend, two younger siblings and their father. Their father travels a lot - looking for work and very rarely finding it - and is gone for weeks or even months at a time. Her brother was in his late teens when the mom passed, and is now grown. However, he has had issues since the passing of their mom. Her sister was only 5 (now 11) when their mom died, and my friend has essentially raised her since then - they are, quite literally, attached at the hip now. Five years later, her dad is remarried, but the only gainfully employed person in the household is my friend, and she supports them all on a small teaching salary.

After finally visiting my friend in the Philippines for the first time earlier this year (May 2009), we realized we love each other and have been discussing marriage since my return to the U.S.. However, our discussions always end up back at "what would I do with my sister?" or "I am afraid to leave my sister - she still needs my guidance". And after seeing them together, I will admit that they are probably a packaged deal. So my concern is that I love this woman, but I can not be with her unless her sister can come with her. And this is no problem with me. The real problem is, can this be accomplished? Is this possible with regards to American Immigration law?

My friend is presently in the process of trying to adopt her sister away from their dad. She wants legal custody of her, so she can make the decisions, but also so she can move and get her away from their brother's influence. Well I've been reading about immigration a lot lately, and the adoption seems like a good idea for our situation actually, but it is also where my confusion lies.

Quote from U.S. Embassy in Manila website:

"Under U.S. immigration law, only children under the age of 18 at the time their

natural parent

married a U.S. citizen are considered “step-children” for immigration purpose."

From USCIS website:

"For immigration purposes, a child can be any of the following:...

An

adopted child

if the child was adopted prior to age 16 (one exception is if siblings are adopted, as long as one was under 16, the other could be older than 16 but younger than 18), AND the adopted child has resided in the legal and physical custody of the adoptive parent for 2 years prior to filing (the legal and physical custody do not have to be the same time period, but each must be met for 2 years)"

So my questions are...

- If my friend IS able to legally adopt her sister, AND IF we do end up getting married (K1), then will her sister be able to accompany her here to Texas as a K2? Obviously, my friend is not the "natural parent" of her sister; but once adopted, she would be the legal guardian of her sister. Do you see my confusion? Seems like these two websites have conflicting information.

- Can a school-age child (K2) legally attend public school? Are there limitations/restrictions on that?

- Does anyone have any advice i can give to my friend to help her LEGALLY and AFFORDABLY adopt her sister in the Philippines? She says she can probably get their father to give up his parental rights... But then what? Lawyers used, costs, time-frame - any advice is helpful.

- Also, is K1/K2 the right choice for us in this situation? We haven't started anything yet, so that can easily change.

yes, any child legally admitted to the US can thus legally be admitted to any public/private school. it becomes the child's one of many rights

1. your friend (being a sister) is eligible to adopt the girl, but this is not automatic. she has to meet the requirements and site the reasons for the adoption since the father is still living (obviously one reason is his irresponsibility and another is your friend has always taken care of the girl since their mother died)

the stepson/daughter info on the website does not pertain to her but to you, -if and when you decide to marry your friend and she happens to have children (her children becomes automatically your stepchildren under certain conditions)

yes, once the girl has been legally adopted (takes about 6 mos to 1 yr to process) she can accompany your friend because then your friend becomes the girl's legal parent.

2. you have 2 options, a K1 if you want to get married here in the US or a K3/CR if you want to ge married in the phils and then petitioning her as your spouse. from experience, a k1 is faster

[baron555 934]

her dad is remarried, but the only gainfully employed person in the household is my friend, and she supports them all on a small teaching salary.

So her father and his new wife are also living with your fiancee and her little sister? And if your fiancee is the only one employed, I can see how the father would not like giving up the bread-winner.

Sounds very messy. I wish you much luck.

[AllRightsReserved 0]

Please take a look on this website on one of the most reliable Immigration Law Firm where a lot of Filipinos turn to as their last resort. Just want to be of help. Good luck.

http://www.gurfinkel.com

Edited October 22, 2009 by AllRightsReserved

[Kris & Liezl 3]

Please take a look on this website on one of the most reliable Immigration Law Firm where a lot of Filipinos turn to as their last resort. Just want to be of help. Good luck.

http://www.gurfinkel.com

Another question guys...

So if my friend can adopt her sister, and if we do get married, does her sister HAVE to come at the same time as my wife? OR can she come at a later time? What would we do, just petition for her? Or since she will technically be the "daughter", then we can just buy a plane ticket and bring her over, right?

I want to suggest something like this to my friend. That way, we will have a few years with just the two of us. Then maybe in two years, we could bring the sister/daughter. By then, I think my friend/wife would be working in her field and contributing to finances...

Because I think I could only afford to immigrate them one at a time...

[MikeInWyoming 2]

Please take a look on this website on one of the most reliable Immigration Law Firm where a lot of Filipinos turn to as their last resort. Just want to be of help. Good luck.

http://www.gurfinkel.com

Another question guys...

So if my friend can adopt her sister, and if we do get married, does her sister HAVE to come at the same time as my wife? OR can she come at a later time? What would we do, just petition for her? Or since she will technically be the "daughter", then we can just buy a plane ticket and bring her over, right?

I want to suggest something like this to my friend. That way, we will have a few years with just the two of us. Then maybe in two years, we could bring the sister/daughter. By then, I think my friend/wife would be working in her field and contributing to finances...

Because I think I could only afford to immigrate them one at a time...

If they are joined at the hip and the child is 11 - and if your fiancee is really as concerned as you say - this second option seems impossible - or it is not quite as you say. You epiphany that you have a "package deal" seems to be not as clear a revelation!

However according to the immigration rules if the child is legally adopted by your fiancee BEFORE you start the K1 filing and is listed as a dependent daughter in the initial paperwork and on the I-156K, then she has some time with which to follow later her adopted mother as an automatic k2 visa recipient. Otherwise you have to refile for her later - separate process. But at no point it is longer that two years. Anything you would do, needs to be within two years without creating the requirement a far longer process.

[Kris & Liezl 3]

Another question guys...

So if my friend can adopt her sister, and if we do get married, does her sister HAVE to come at the same time as my wife? OR can she come at a later time? What would we do, just petition for her? Or since she will technically be the "daughter", then we can just buy a plane ticket and bring her over, right?

I want to suggest something like this to my friend. That way, we will have a few years with just the two of us. Then maybe in two years, we could bring the sister/daughter. By then, I think my friend/wife would be working in her field and contributing to finances...

Because I think I could only afford to immigrate them one at a time...

If they are joined at the hip and the child is 11 - and if your fiancee is really as concerned as you say - this second option seems impossible - or it is not quite as you say. You epiphany that you have a "package deal" seems to be not as clear a revelation!

However according to the immigration rules if the child is legally adopted by your fiancee BEFORE you start the K1 filing and is listed as a dependent daughter in the initial paperwork and on the I-156K, then she has some time with which to follow later her adopted mother as an automatic k2 visa recipient. Otherwise you have to refile for her later - separate process. But at no point it is longer that two years. Anything you would do, needs to be within two years without creating the requirement a far longer process.

Oh no, they are DEFINITELY attached! But in my eye, nothing is impossible... To me, there is a glimmer of hope because their father did remarry this year. My intent would be to suggest to my friend that she try to start "weaning" her sister off of her, and help her get acquainted with the step-mother. She tells me, "it's up to you" a lot; so I think that if I suggest this, she would at least consider it. The attachment is definitely stronger on the sister's side, but I think my friend could possibly handle being away from her for a short time as long as she knew they would reunite here soon. If I marry this woman, I just want to be alone with her for at least a year or two - it's not like I want to seperate them indefinitely.

Anyway, so good. We plan to get her adopted first... I understand if she has a good case for adopting - which I think she does - then that process takes about 6 months. THEN, AFTER THE LEGAL ADOPTION OF HER SISTER, we will begin filing for the K1. So at his point, it seems like you are saying my friend can legally claim her sister as her dependent, correct? And you are saying we need to list her on I-156K and some other "initial paperwork". My question is, will it be obvious where I need to list her? I work in Technology, so government and government paperwork... It's just an entirely different language to me!

But is what I am getting from you this, that as long as the sister (adopted daughter) follows WITHIN 2 YEARS, then she can come as an automatic K2? But if we wait longer than that, then we will have some problems? If so, I think two years would be ideal. She should be about 14 then, and time to begin high school. Plus, automatic/free babysitter (when I have kids)!

[Gary and Alla 3,694]

I am quite new to this, so there are many things that are very confusing to me, which I would appreciate ANYONE'S advice/explanation on.

Fist a little background (or you can go directly to my questions at the end of this post):

I became friends with a woman in the Philippines a little over 9 years ago now. We are both 28 at the time of this message. Around 5 or 6 years ago, her mother died leaving my friend, two younger siblings and their father. Their father travels a lot - looking for work and very rarely finding it - and is gone for weeks or even months at a time. Her brother was in his late teens when the mom passed, and is now grown. However, he has had issues since the passing of their mom. Her sister was only 5 (now 11) when their mom died, and my friend has essentially raised her since then - they are, quite literally, attached at the hip now. Five years later, her dad is remarried, but the only gainfully employed person in the household is my friend, and she supports them all on a small teaching salary.

After finally visiting my friend in the Philippines for the first time earlier this year (May 2009), we realized we love each other and have been discussing marriage since my return to the U.S.. However, our discussions always end up back at "what would I do with my sister?" or "I am afraid to leave my sister - she still needs my guidance". And after seeing them together, I will admit that they are probably a packaged deal. So my concern is that I love this woman, but I can not be with her unless her sister can come with her. And this is no problem with me. The real problem is, can this be accomplished? Is this possible with regards to American Immigration law?

My friend is presently in the process of trying to adopt her sister away from their dad. She wants legal custody of her, so she can make the decisions, but also so she can move and get her away from their brother's influence. Well I've been reading about immigration a lot lately, and the adoption seems like a good idea for our situation actually, but it is also where my confusion lies.

Quote from U.S. Embassy in Manila website:

"Under U.S. immigration law, only children under the age of 18 at the time their

natural parent

married a U.S. citizen are considered “step-children” for immigration purpose."

From USCIS website:

"For immigration purposes, a child can be any of the following:...

An

adopted child

if the child was adopted prior to age 16 (one exception is if siblings are adopted, as long as one was under 16, the other could be older than 16 but younger than 18), AND the adopted child has resided in the legal and physical custody of the adoptive parent for 2 years prior to filing (the legal and physical custody do not have to be the same time period, but each must be met for 2 years)"

So my questions are...

- If my friend IS able to legally adopt her sister, AND IF we do end up getting married (K1), then will her sister be able to accompany her here to Texas as a K2? Obviously, my friend is not the "natural parent" of her sister; but once adopted, she would be the legal guardian of her sister. Do you see my confusion? Seems like these two websites have conflicting information.

- Can a school-age child (K2) legally attend public school? Are there limitations/restrictions on that?

- Does anyone have any advice i can give to my friend to help her LEGALLY and AFFORDABLY adopt her sister in the Philippines? She says she can probably get their father to give up his parental rights... But then what? Lawyers used, costs, time-frame - any advice is helpful.

- Also, is K1/K2 the right choice for us in this situation? We haven't started anything yet, so that can easily change.

The marriage before age 18 rule does not apply to K2s. K2s are eligible until age 21 regardless when the marriage occured (with a K1 and K2 there is NO marriage until after they arrive). Those limitations apply to immigrant visas, the K2 is not an immigrant visa nor is it a spouse visa, K3, which requires a marriage before hand. The K1/K2 specifically forbid marriage before the visa holders arrive in the US.

If a child can be adopted, then yes, they can receive a K2. I do no tknow if a sibling can be adopted. I am not familiar with adoption procedures in the PI

Yes, a K2 can attend school, they are legally present in the US and must attend school if they are of the appropriate age. Accomodation of them varies by state, but YES they can attend. Our K2 son was attending his first day of school here the next school day after he arrived.

[TinTin and Samby 11]

Another question guys...

So if my friend can adopt her sister, and if we do get married, does her sister HAVE to come at the same time as my wife? OR can she come at a later time? What would we do, just petition for her? Or since she will technically be the "daughter", then we can just buy a plane ticket and bring her over, right?

I want to suggest something like this to my friend. That way, we will have a few years with just the two of us. Then maybe in two years, we could bring the sister/daughter. By then, I think my friend/wife would be working in her field and contributing to finances...

Because I think I could only afford to immigrate them one at a time...

If they are joined at the hip and the child is 11 - and if your fiancee is really as concerned as you say - this second option seems impossible - or it is not quite as you say. You epiphany that you have a "package deal" seems to be not as clear a revelation!

However according to the immigration rules if the child is legally adopted by your fiancee BEFORE you start the K1 filing and is listed as a dependent daughter in the initial paperwork and on the I-156K, then she has some time with which to follow later her adopted mother as an automatic k2 visa recipient. Otherwise you have to refile for her later - separate process. But at no point it is longer that two years. Anything you would do, needs to be within two years without creating the requirement a far longer process.

Oh no, they are DEFINITELY attached! But in my eye, nothing is impossible... To me, there is a glimmer of hope because their father did remarry this year. My intent would be to suggest to my friend that she try to start "weaning" her sister off of her, and help her get acquainted with the step-mother. She tells me, "it's up to you" a lot; so I think that if I suggest this, she would at least consider it. The attachment is definitely stronger on the sister's side, but I think my friend could possibly handle being away from her for a short time as long as she knew they would reunite here soon. If I marry this woman, I just want to be alone with her for at least a year or two - it's not like I want to seperate them indefinitely.

Anyway, so good. We plan to get her adopted first... I understand if she has a good case for adopting - which I think she does - then that process takes about 6 months. THEN, AFTER THE LEGAL ADOPTION OF HER SISTER, we will begin filing for the K1. So at his point, it seems like you are saying my friend can legally claim her sister as her dependent, correct? And you are saying we need to list her on I-156K and some other "initial paperwork". My question is, will it be obvious where I need to list her? I work in Technology, so government and government paperwork... It's just an entirely different language to me!

But is what I am getting from you this, that as long as the sister (adopted daughter) follows WITHIN 2 YEARS, then she can come as an automatic K2? But if we wait longer than that, then we will have some problems? If so, I think two years would be ideal. She should be about 14 then, and time to begin high school. Plus, automatic/free babysitter (when I have kids)!

You may consider this unsolicited advise. If so, please do not be offended. I only offer it as an opservation after reading through this entire thread, incuding your original post and all of your replies.

With respect, it seems you may not have a good deal of experience with the Filipino culture. It can be very dangerous to project american based logic and reactions onto people of other cultures, including, among others, Filipinos. For example your last post with the "up to you" comment that you referenced - in general if would be a mistake to take that comment literally and at face value. I think BARON555 said it best: "sounds like a very messy situation". You might consider the possibilities of spending more time there in the PI as your friendship and courtship grows and evolves. In addition allowing more time to expore the desires, options and pragmatic realities of a Filipino beaurocracy allowing an 11 year old child with a still living father, who lives in the same household to relenquish his parental legal rights and have that girl be legally adopted by her sister, who is living in that same household as the natural father. Older Siblings caring (financially and emotionally) for their other younger sibllings is a common thing in the philippines. So is children caring financially for their parents (even when those parents are not particularily 'old'). This situation is common, accepted and to some degree expected - formalizing it with legal procedings is an entirely different ball of wax, however. Unfortunately, US Immigration law only recongnizes legally formalized situations, not cultural ones. Therein lies the problem.

Whatever you decide, I wish you nothing but success for what you want and much happiness.

Warm Regards,

Samby

Edited October 28, 2009 by TinTin and Samby

[Gary and Alla 3,694]

Another question guys...

So if my friend can adopt her sister, and if we do get married, does her sister HAVE to come at the same time as my wife? OR can she come at a later time? What would we do, just petition for her? Or since she will technically be the "daughter", then we can just buy a plane ticket and bring her over, right?

I want to suggest something like this to my friend. That way, we will have a few years with just the two of us. Then maybe in two years, we could bring the sister/daughter. By then, I think my friend/wife would be working in her field and contributing to finances...

Because I think I could only afford to immigrate them one at a time...

If they are joined at the hip and the child is 11 - and if your fiancee is really as concerned as you say - this second option seems impossible - or it is not quite as you say. You epiphany that you have a "package deal" seems to be not as clear a revelation!

However according to the immigration rules if the child is legally adopted by your fiancee BEFORE you start the K1 filing and is listed as a dependent daughter in the initial paperwork and on the I-156K, then she has some time with which to follow later her adopted mother as an automatic k2 visa recipient. Otherwise you have to refile for her later - separate process. But at no point it is longer that two years. Anything you would do, needs to be within two years without creating the requirement a far longer process.

Oh no, they are DEFINITELY attached! But in my eye, nothing is impossible... To me, there is a glimmer of hope because their father did remarry this year. My intent would be to suggest to my friend that she try to start "weaning" her sister off of her, and help her get acquainted with the step-mother. She tells me, "it's up to you" a lot; so I think that if I suggest this, she would at least consider it. The attachment is definitely stronger on the sister's side, but I think my friend could possibly handle being away from her for a short time as long as she knew they would reunite here soon. If I marry this woman, I just want to be alone with her for at least a year or two - it's not like I want to seperate them indefinitely.

Anyway, so good. We plan to get her adopted first... I understand if she has a good case for adopting - which I think she does - then that process takes about 6 months. THEN, AFTER THE LEGAL ADOPTION OF HER SISTER, we will begin filing for the K1. So at his point, it seems like you are saying my friend can legally claim her sister as her dependent, correct? And you are saying we need to list her on I-156K and some other "initial paperwork". My question is, will it be obvious where I need to list her? I work in Technology, so government and government paperwork... It's just an entirely different language to me!

But is what I am getting from you this, that as long as the sister (adopted daughter) follows WITHIN 2 YEARS, then she can come as an automatic K2? But if we wait longer than that, then we will have some problems? If so, I think two years would be ideal. She should be about 14 then, and time to begin high school. Plus, automatic/free babysitter (when I have kids)!

IF she is adopted as a daughter, and I am not sure she can do that, but cannot say, then her adopted child would be listed on the I-129f petition as her child. When the petition is approved the child would need to file an application for the K-2, basically a repeat of the K-1, all forms, fees, medical exam, etc. The K2 MUST be issued within ONE year of the "mothers" K1, NOT two years. Then the child will have up to six months to use the K2. The arrival of her "child" could then be delayed up to 18 months from when the "mothers" visa is issued. This is a "hard" line. If you plan to do this, the adoption must be completed before you file the petition for a K-1, otherwise it is not her "child".

I am no expert in the area but I have never heard of a sibling "adopting" another sibling. Being designated a guardian? Yes, but to adopt them as their "child" I have never heard of this.

[Gary and Alla 3,694]

Please take a look on this website on one of the most reliable Immigration Law Firm where a lot of Filipinos turn to as their last resort. Just want to be of help. Good luck.

http://www.gurfinkel.com

Another question guys...

So if my friend can adopt her sister, and if we do get married, does her sister HAVE to come at the same time as my wife? OR can she come at a later time? What would we do, just petition for her? Or since she will technically be the "daughter", then we can just buy a plane ticket and bring her over, right?

I want to suggest something like this to my friend. That way, we will have a few years with just the two of us. Then maybe in two years, we could bring the sister/daughter. By then, I think my friend/wife would be working in her field and contributing to finances...

Because I think I could only afford to immigrate them one at a time...

If they are joined at the hip and the child is 11 - and if your fiancee is really as concerned as you say - this second option seems impossible - or it is not quite as you say. You epiphany that you have a "package deal" seems to be not as clear a revelation!

However according to the immigration rules if the child is legally adopted by your fiancee BEFORE you start the K1 filing and is listed as a dependent daughter in the initial paperwork and on the I-156K, then she has some time with which to follow later her adopted mother as an automatic k2 visa recipient. Otherwise you have to refile for her later - separate process. But at no point it is longer that two years. Anything you would do, needs to be within two years without creating the requirement a far longer process.

K2 must follow within ONE year of the K-1 visa issuance