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Adopting Niece - Advice Needed

By calibob in Bringing Family Members of US Citizens to America

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calibob Proficient

calibob   73

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Filed: IR-1/CR-1 Visa Country: Philippines
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Sorry to resurrect an old thread but..........it's current to me. My wife and I plan on adopting her niece, who's been solely supported by us and has lived with my wife for the last 7 years as her daughter. We're doing a domestic adoption soon but I'm still worried USCIS will rain on our happy family........any thoughts out there??????

Thanks much in advance,

Bob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
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  • 2nd Sputum test ordered 12/21/11
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Penguin_ie Grand Master

Penguin_ie   5,984

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Filed: Citizen (apr) Country: Ireland
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Posted

With domestic adoption, do you mean the niece is already in the USA legally and if so, on what visa?

If you mean she is in the Philipines, does the niece have a living mother and/or father? If so, even if you can adopt her legally in her country, it will not count for immigration purposes.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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sara..... Mentor

sara.....   371

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Filed: IR-1/CR-1 Visa Country: Egypt
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I would contact an attorney that deals with international adoptions so that you receive all the correct information.....even if your wife adopts her in her country you are from the USA so it makes sense that this would qualify as international adoption on your part.....

sara

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calibob Proficient

calibob   73

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
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Posted (edited)

I'm chasing my tail with attorneys.... one says Hague adoption and the other says domestic, since the Niece has lived in / with my wife for 7 years. We have an affidavit/permission from her parents for the adoption. I'm worried the USCIS will think we're trying to circumvent their authority when we just wish to be together. My wife will be coming to the US next month or two and is making preparations to board the Niece with her Great Aunt with us providing for her well being.

Bob

Thanks Krikit!!

Edited by calibob
  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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calibob Proficient

calibob   73

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
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Posted

More background.....although our Niece has lived with my wife the last 7 years, my wife wasn't LEGAL guardian, but sole provider only. I fear this catch may put us in a Hague adoption. I'm scrambling for information as we speak but DC is closed for the day.

Bob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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Penguin_ie Grand Master

Penguin_ie   5,984

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Filed: Citizen (apr) Country: Ireland
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Yes, I am afraid that isn;t going to work. If she legally adopted by your wife, and was living with your wife for the last two years, then you could bring her over as an adopted child, but not with the way your situation is. Your options are basically:

- Adopt the child, you two live with the niece in the Philipines for two years (not even sure that would work, as the parents are living- permission does not matter in this case).

- Provide for the child in the Philipines (private school etc), visit often.

- Try and bring her over on an F1 student visa. These are quite easy to get, but won;t allow her to live her permanently, and it will be costly ad you'd need to pay full private school fees.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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calibob Proficient

calibob   73

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Yes, I am afraid that isn;t going to work. If she legally adopted by your wife, and was living with your wife for the last two years, then you could bring her over as an adopted child, but not with the way your situation is. Your options are basically:

- Adopt the child, you two live with the niece in the Philipines for two years (not even sure that would work, as the parents are living- permission does not matter in this case).

- Provide for the child in the Philipines (private school etc), visit often.

- Try and bring her over on an F1 student visa. These are quite easy to get, but won;t allow her to live her permanently, and it will be costly ad you'd need to pay full private school fees.

I'm afraid the last option or a Hague adoption on top of a "domestic" adoption. (one recognized by Philippine govt.) Either way we'll care for our daughter and try our best to get her here.

Bob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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calibob Proficient

calibob   73

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Next question......if we get her F1 visa.....will the time she spends with us count towards the "2 years legal and physical custody" time limit? This would be doable as she could spend her summers or part of school breaks with her Great Aunt in Manila.

Bob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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sara..... Mentor

sara.....   371

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Filed: IR-1/CR-1 Visa Country: Egypt
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Posted

how old is your daughter? If she is younger than 14 i would contact an adoption agency because if you adopt for international and domestic adoptions you need to have a home study done..they can also tell you what options you might have regarding this...also im not sure how it works for your wifes country but was the girl abandoned? That could maybe make difference i dont know but at least i would try it

sara

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calibob Proficient

calibob   73

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Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Thank you Sara.... she's 13 now and I'll be on the phone with the Hague people and USCIS tomorrow.

Bob

  • Married in Manila: 08/20/2010
  • I-130 Sent to lockbox: 10/01/2010
  • I-130 Received: 10/03/2010
  • NOA-1 Received: 10/04/2010
  • NOA-2 Received: 02/01/2011
  • Received NVC: 02/08/2011
  • AOS Bill Generated: 02/10/2011
  • AOS Bill Paid: 02/10/2011
  • DS 3032 Emailed: 02/10/2011
  • IV Bill Generated: 02/14/2011
  • IV Bill Paid: 02/14/2011
  • IV Packet Received @ NVC:02/22/2011
  • NVC Completed 03/08/2011
  • Interview Date Post Sputum results May 17
  • Results negative, Interview scheduled 6/13
  • Placed in A/R 06/13/2011
  • I-601 required 07/18/2011
  • I-601 filed 11/9/2011
  • I-601 approved 11/29/11
  • 2nd Sputum test ordered 12/21/11
  • 2nd Sputum Test passed 02/21/12
  • Visa Approved!! 03/15/2012
  • Visa In Hand 03/17/2012
  • POE SFO 03/24/2012

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