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PedroDaGr8

Kinda Complex Question (K1 plus adoption)

By PedroDaGr8 in Bringing Family Members of US Citizens to America

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PedroDaGr8   245

Posted
Filed: Citizen (apr) Country: Vietnam
 Timeline
Posted

I will be bringing my fiance here on a K1 visa. The issue is, that we plan to bring her niece here in time (she is 9 now) for high school education and beyond. My fiance will be adopting her niece, I will not. This wrinkle is really confusing how we should go about bringing her niece here and WHEN she should adopt her niece.

  • Should she adopt her niece before my filing of the K1 packet or should she do it after? Does it matter?
  • We do not plan to bring the niece here for another couple of years and I don't plan on adopting her. So she shouldn't need to be involved with my fiance's K1 packet or would the niece need to be a part of it?
  • Anything else we should keep in mind?

Thanks for your help.

Steps Before Citizenship:

Spoiler

K-1

09/24/2016 - I-129F Packet Submitted, 09/26/2016 - NOA1, 10/27/2016 - RFE Received

11/02/2016 - RFE Reply sent

11/09/2016 - NOA2

11/21/2016 - NVC Receives packet

12/12/2016 - Case left NVC for BKK Consulate

01/10/2017 - After travelling via the slowest route possible (likely via carrier pigeon) BKK Consulate receives packet

01/16/2017 - Packet 3 Instructions received 02/28/2017 - Packet 3 Instructions Completed

03/05/2017 - Packet 4 received (now the fun begins) --> 03/29/2017 - Interview disappears from the schedule on the embassy website -->03/30/2017 - She goes to her interview, is told they need to verify her documents since she is Vietnamese interviewing in Thailand, receives a 221G with 'Verification of Viet documents' as the reason. Gave back her passport.-->03/31/2017-04/04/2017 - Case is being continuously touched. We suspect that our case was approved at this point but they didn't have her passport. --> 04/10/2017 (10 days after interview) - Email emabssy to inquire about updates and if there was anything we could do to move things forward. (3h later) - She is told that she is approved and to expect her passport soon (how when they don't have it in their posession?) After clarification, instructed to send our passport to them. Ship out passport in a rush to beat Songkran (which failed) --> 04/11/2017 - Passport at embassy according to Thai Post Office --> 04/17/2017 - Emailed to confirm they received the passport. They issued an evasive answer about Songkran backlog (they love evasive non-committal answers)--> 04/24/2017  Evening - Case changes from Immigrant Visa to Non-Immigrant Visa and a new case created date is given --? 04/25/2017 morning  (less than 12h later) - Case flies through Ready -->Admin Processing --> Issued

04/26/2017 - Checks mail, passport is there. No mention of it being mailed out. 

05/02/2017 - Arrives in the USA, without Issue

06/17/2017 - Marriage!

AOS

7/01/17- Mailed AOS packet to Chicago

7/03/17- Packet received

07/07/17 - SMS and Email notification of NOA1 for AoS, EAD, and AP

07/13/17 - Received paper copies of NOA1 for AoS, EAD, and AP

07/21/17 - Received Biometrics Appointment Letter

08/02/17 - Biometrics Appointment Completed 

11/04/17 - EAD Approved - New Card Is Ready For Production

11/09/17 - AP Approved, EAD - Card Produced Awaiting Mailing, EAD - Card Has Been Mailed.

11/13/17 - EAD/AP Combo Card Received. 

11/05/2018 - Received SMS Notification that Interview Has Been Scheduled

11/10/2018 - Received Paper Interview Notice

12/11/2018 - Interview Date
12/12/2018 - Approved

ROC

11/18/2020 - Mailed ROC packet

11/20/2020 - Packet received

01/16/2021 - Received NOA1 

05/28/2021 - Biometrics Waived

08/04/2021 - ROC Approved

08/11/2021 - GC received

 

Citizenship

09/15/2021 - N-400 Filed Electronically, NOA-1 received, Biometrics Waiver Received

07/01/2022 - Interview Notice Received
08/10/2022 - Interview Date, Approved, Oath Ceremony

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Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted

I will be bringing my fiance here on a K1 visa. The issue is, that we plan to bring her niece here in time (she is 9 now) for high school education and beyond. My fiance will be adopting her niece, I will not. This wrinkle is really confusing how we should go about bringing her niece here and WHEN she should adopt her niece.

  • Should she adopt her niece before my filing of the K1 packet or should she do it after? Does it matter?
  • We do not plan to bring the niece here for another couple of years and I don't plan on adopting her. So she shouldn't need to be involved with my fiance's K1 packet or would the niece need to be a part of it?
  • Anything else we should keep in mind?

Thanks for your help.

It is extrodanarily difficult to adopt a relative for immigration purposes. If both of the child's parents are living the child will not meet the definition of an orphan. Also in these types of cases you need to adopt and be the primary caregiver for the orphan for at least 2 years. I really do not have any positive advice to give, but would say basically to rethink your plan for as of now it is not possible.
Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
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Unlockable Mentor

Unlockable   7,309

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Everything Kastrs said is correct. Even though your fiance will adopt her niece, for the US and immigration it does not qualify for immigration if the niece's parents are still alive and there is no evidence of extreme hardship.

Also like Kastrs advised it is best to change you options to having the niece apply for a student visa (however, student visas aren't long term) or send her money to help out.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

The path to bring the niece is to marry you fiance and 3 years after that she can become a USC she can apply for the sibling parent of the child and after a couple of decades that person can immigrate. If the child is still under 21 they can come with the parent , else they wait another decade or so.

This will not be over quickly. You will not enjoy this.

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KierenHby Experienced

KierenHby   897

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

Does the niece have at least one living parent?

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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abhi_meli Enthusiast

abhi_meli   150

Posted
Filed: AOS (apr) Country: India
 Timeline
Posted

It is not possible if her parents are alive.Otherwise,everyone would adopt their nieces and nephews.US government is giving your fiancee a privilege to come and live here with you.Be thankful to them.Gone are the days when whole family used to ride the shoulders of an Immigrant.

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