K-2 visa eligibility

[Michael Ruffin 1]

To VJer's especially members from the Philippines!

My I-129F was approved back in 1/26/12 and the petition is on it's way to US Embassy with arrival to be this week. My questions is about eligibility of minor family members. My fiance has 2 children already from her past boyfriend. Their names was included on the petition so the are eligible for a K-2 visa. My concern is the my fiance's niece. My fiance took her in to care for her 6 years ago. The parents were the my future sister-in-law and her once boyfriend. She gave the child to my fiance because she was providing home, food, clothing and education for her niece.

Her sister got married and basically started another family of hers. When I filed the petition, I did include the niece on the petition with other kids because I didn't fully understand the K-1/K-2 visa a year ago! The mother is in picture because she visits the houses. The nieces shares the same surname as her mom and aunt (fiance'). As I was reading things on getting ready for interview and medical exam, the birth certificate is going to show that my fiance is not the biological parent of the niece. My fiance never got legal guardianship or adoption of her niece. I sent an email to the USEM on this situation and waiting for and answer. I don't think she (niece) can get the K-2 derviative visa based on her current status. We have talked about guardianship or adoption but I don't thing the timeframe will allow this at this time. I have been helping with fiancial support of the niece recently over the last year because my fiance is now unemployed! That is help paying the rent, food, education, etc...! I would love the niece to stay with me and my fiance in the states because it will be life for her. The niece has family still there!

She could live with her mom and her family but the marriage is in trouble and now the sister is at the house and her kids with the husband are living with him. There is the grandma but the has been living with my fiance the past couple of years too! So there is family in the area, but the family has been thriving because I have been supporting the family and we will still support the family when my fiance her 2 kids come here!

What are my options? I know life in Philippines is tough! Without a proper education you can't get anywhere in the country. If you know about the working environment in Manila, 2 years of college or technical school, age (18-30 years), and height minimum (5'2"-women and 5'4"-men just to do houskeeping or laundry in a hotel. I just don't want my step-niece to struggle when her aunt comes here. She will have a home because I will make sure there is a roof over her head but she is teenager and I don't want my step-niece backsliding with education at any point. She is a good kid with alot of potential. Sorry for the long message but could any advise on this topic.

Thank you!

[Ban Hammer 14,297]

do not post multiple copies throughout vj. thank you.

[Boiler 47,526]

Well she will not be coming to the US, so not an Immigration issue.

There have been lots of threads about supporting the new spouses family, especially in the Philippines.

Basically it is your call how much if anything you want to send.

[payxibka 10,048]

niece is not eligible for a k-2 visa. sons and daughters only

Edited February 7, 2012 by payxibka

[jacksonville 4]

the only options would be for your fiancee to adopt her niece when she is already a green card holder so she could come back to the phils. to file the petition. by that time, she already would be qualified to adopt under philippine laws. or for you to adopt her but u would ahve to come to the phils. to file the same. your fiancee can file for adoption before she leaves the philippines, but she isnt qualified at this time to adopt yet as she is unemployed.

[aaron2020 11,652]

To VJer's especially members from the Philippines!

My I-129F was approved back in 1/26/12 and the petition is on it's way to US Embassy with arrival to be this week. My questions is about eligibility of minor family members. My fiance has 2 children already from her past boyfriend. Their names was included on the petition so the are eligible for a K-2 visa. My concern is the my fiance's niece. My fiance took her in to care for her 6 years ago. The parents were the my future sister-in-law and her once boyfriend. She gave the child to my fiance because she was providing home, food, clothing and education for her niece.

Her sister got married and basically started another family of hers. When I filed the petition, I did include the niece on the petition with other kids because I didn't fully understand the K-1/K-2 visa a year ago! The mother is in picture because she visits the houses. The nieces shares the same surname as her mom and aunt (fiance'). As I was reading things on getting ready for interview and medical exam, the birth certificate is going to show that my fiance is not the biological parent of the niece. My fiance never got legal guardianship or adoption of her niece. I sent an email to the USEM on this situation and waiting for and answer. I don't think she (niece) can get the K-2 derviative visa based on her current status. We have talked about guardianship or adoption but I don't thing the timeframe will allow this at this time. I have been helping with fiancial support of the niece recently over the last year because my fiance is now unemployed! That is help paying the rent, food, education, etc...! I would love the niece to stay with me and my fiance in the states because it will be life for her. The niece has family still there!

She could live with her mom and her family but the marriage is in trouble and now the sister is at the house and her kids with the husband are living with him. There is the grandma but the has been living with my fiance the past couple of years too! So there is family in the area, but the family has been thriving because I have been supporting the family and we will still support the family when my fiance her 2 kids come here!

What are my options? I know life in Philippines is tough! Without a proper education you can't get anywhere in the country. If you know about the working environment in Manila, 2 years of college or technical school, age (18-30 years), and height minimum (5'2"-women and 5'4"-men just to do houskeeping or laundry in a hotel. I just don't want my step-niece to struggle when her aunt comes here. She will have a home because I will make sure there is a roof over her head but she is teenager and I don't want my step-niece backsliding with education at any point. She is a good kid with alot of potential. Sorry for the long message but could any advise on this topic.

Thank you!

There is absolutely nothing that you can do for the niece. US laws does not allow anyone to petition for a niece.

Adoption or legal guardianship will not work either because the niece has a mother and father who are both alive. The US recognize that many people would adopt a niece and list that person as a child to gain an immigration benefit. The US specifically disallow granting an immigration benefit to an adopted child when both biological parents are alive and the adopted person was already related to one of the adopted parents.

[aaron2020 11,652]

the only options would be for your fiancee to adopt her niece when she is already a green card holder so she could come back to the phils. to file the petition. by that time, she already would be qualified to adopt under philippine laws. or for you to adopt her but u would ahve to come to the phils. to file the same. your fiancee can file for adoption before she leaves the philippines, but she isnt qualified at this time to adopt yet as she is unemployed.

A legal adoption in the Philippines is one thing. Getting a visa for an adopted child is something else. A legally adopted child will not be granted an immigration visa if both biological parents are alive and the adopted child is already related to one of the adopted parents.

[Michael Ruffin 1]

Thanks guys!

After being on Visa Journey and reading up on this stuff. I figured as much that she was not eligible! Adoption might option later after my fiance' gets AOS and works after a couple of years. Maybe, IR is an option at later time? Either way, I told her I will support her and future there. The mistakes of the parent's should be passed down to the children. Thanks so much your input!

Michael

[payxibka 10,048]

Getting a visa for an adopted child is something else. A legally adopted child will not be granted an immigration visa if both biological parents are alive and the adopted child is already related to one of the adopted parents.

Really? Where is this written?