Adopting my niece--ADVICE NEEDED

[ButterFinger 14]

3 minutes ago, Unlockable said:

It means that just because you adopt someone, it  does not guarantee that they will be granted a visa or legal resident status. It is a measure to prevent fraud as well as child trafficking and child abuse. Look up "Hague Convention" laws which speaks deeply about this. Children of the world are heavily protected. Also, too many people try the adoption route to by-pass bringing over extended members of their family and/or friends.

 

P.S. how old is the child?

Right, I did read a strenuous process under  the Convention.

 

She is 6.

[Boiler 43,629]

7 minutes ago, ButterFinger said:

Really? It’s just different from what my immigration lawyer told me. 

Would you mind explaining why?

I never caught that. Thanks.

I could not see how you could have legal custody, now if you naturalise and move back then I could see you can meet the requirements.

[ButterFinger 14]

Thanks for all replies everybody. I welcome all advice. I appreciate everything and ya’ll are showing me some realistic expectations—which is exactly what I am looking for.

[ButterFinger 14]

8 minutes ago, Unlockable said:

Below is an example of how adoption does not guarantee immigration benefits. It is a US citizen couple attempting to get legal status for a child they adopted.

 

https://kdvr.com/2018/08/09/colorado-parents-fighting-to-stop-legally-adopted-four-year-old-daughter-from-being-deported/

 

 

Thanks!!! I appreciate this.

[Crazy Cat 39,414]

1 minute ago, ButterFinger said:

Thanks for all replies everybody. I welcome all advice. I appreciate everything and ya’ll are showing me some realistic expectations—which is exactly what I am looking for.

I think everyone here wishes you all the best of luck.......and we are pretty good at seeing all angles of situations.........😉

[ButterFinger 14]

8 minutes ago, Jorgedig said:

Are you prepared to move back to the PI for several years, to adopt her and live with her there?  That’s what it would take, and even then there is no guarantee of immigration benefits.

That’s a very good point. Definitely something huge to consider. Thanks.

[ButterFinger 14]

3 minutes ago, missileman said:

I think everyone here wishes you all the best of luck.......and we are pretty good at seeing all angles of situations.........😉

Oh yeah for sure. I posted here seeking answers and that’s what I got. This is a life-changing decision for us so it deserves a thorough research. 

 

Thanks

[EmilyW 1,226]

The good thing, VJ members are pretty awesome and always happy to help.

 

I hope you find your way. That little girl is darned lucky to have an aunt that loves her that much.  ❤️

[Just Paul 4,591]

18 minutes ago, ButterFinger said:

That’s a very good point. Definitely something huge to consider. Thanks.

To answer your question about LPR vs Citizen. . . I think you would want to be a citizen especially if you have to move back to the Philippines..

[Illiria 980]

In the interim, until you figure out if immigration after adoption is even possible, you could help by supporting her financially. We see this a lot on here too, when international adoption (or at least the immigration part of it) isn’t possible then the US located family send money for a good school and for living costs. That way she can be provided for and have a good quality of life if you have someone who can stay with her until you are able to go live there with her.

 

Sorry for the following impertinence but Is the mother giving up rights voluntarily? Hope no one is thinking that if you adopt and immigrate your niece the niece can then bring her bio mom over - this has actually happened before and they only found out after the adoption that the bio mom can’t be petitioned. 

Edited April 22, 2019 by Illiria

[mcdull 474]

First of all, I am not trying to sound negative.

 

Is this a cultural thing or what? I've seen quite a few people from the Philippines asking to adopt the niece of nephew.

 

What is the reason for adoption though? I'd strongly advise against it if it is solely for immigration purposes. I don't know how old is your niece, but   just think about the amount of emotional impact it'll have on the child.

 

 

 

[Boiler 43,629]

4 minutes ago, mcdull said:

First of all, I am not trying to sound negative.

 

Is this a cultural thing or what? I've seen quite a few people from the Philippines asking to adopt the niece of nephew.

 

What is the reason for adoption though? I'd strongly advise against it if it is solely for immigration purposes. I don't know how old is your niece, but   just think about the amount of emotional impact it'll have on the child.

 

 

 

6

 

It is semi cultural, well not just PI, I have seen people ask a similar question in a UK forum where in that case Parents had passed.

[geowrian 22,336]

Nearly everybody from PH knows a family member from PH who would love the opportunity to live in the US (or more often, a parent or other caretaker who would love it for them). Culturally, it's acceptable and even common to have family members live abroad now for a (perceived) better life later.

 

Reality does not always live up to that expectation, but that's a common perception.

[Daisy.Chain 317]

Even if parents give up parental rights it's unlikely you could adopt your niece and that she would qualify for immigration benefits with both parents living. (Speaking of which, is her dad alive?)

[ButterFinger 14]

On 4/22/2019 at 11:33 AM, Illiria said:

In the interim, until you figure out if immigration after adoption is even possible, you could help by supporting her financially. We see this a lot on here too, when international adoption (or at least the immigration part of it) isn’t possible then the US located family send money for a good school and for living costs. That way she can be provided for and have a good quality of life if you have someone who can stay with her until you are able to go live there with her.

 

Sorry for the following impertinence but Is the mother giving up rights voluntarily? Hope no one is thinking that if you adopt and immigrate your niece the niece can then bring her bio mom over - this has actually happened before and they only found out after the adoption that the bio mom can’t be petitioned. 

Yeah I've read those threads too. I would never consider adoption nor immigration if there was an ideal guardian in the Philippines. Currently, there is her grandmother (my mother)--who is amazing caregiver, but has her limitations. I'm planning for the long term, while my niece is still very young. But yeah, it's still ideal to provide for my niece even if it's long distance.

 

I have zero plans of petitioning my sister. We have a strong child abuse case against her and partner. A result is her parental rights nearing to be terminated.

 

Edited April 25, 2019 by ButterFinger