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Posted (edited)

I have a niece who resides in Ecuador with my sister in law. The child was born out of wedlock, the biological father has been non-existent. Me and wife reside in the states, we have come to care for the child. For social reasons in Ecuador it is frown upon a child to have only the mother's last name, me and my wife agreed that I would do a "voluntary recognition". Meaning in my niece's birth certificate I appear as the father. My wife and I would like for our niece to be able to migrate to the states to spend time with us. I have contacted many lawyers in the US but no one wants to take on the case or even knows what to do. Some recommended we go through the adoption path, however in speaking to an Ecuadorian attorney, they mentioned this is non-sense. Since under Ecuadorian law, I am the father to my niece, therefore I can't adopt a child which under local law is already mines. Is there any path which can be taken to obtain a citizenship or green card for my niece? So far we have looked into the below options but seem very lost.

 

CRBA - Nope, since there is no biological relationship and would possibly ask for a DNA test.

I130- Seems like a possibility but some lawyers advised against it since it also requires a biological relationship?

N600 & N600k Completely clueless to these paths. 

 

Thanks in advance!

 

Edited by EDreNYC
Posted
2 minutes ago, aaron2020 said:

You can bring someone to the US based on a lie.   You can not pass on US citizenship to a child that is not yours.

You are not the biological father.  Submitting a birth certificate listing you as the father is fraud because you know that you are not the father.  This is a material misrepresentation.   

 

CRBA - NOPE

I-130 - NOPE

N600 & N600K - NOPE

 

The reason that no lawyer will touch this is because what you want for the best of intentions is ultimately fraudulent.  

 

Sorry.

Whoa time out, how is this fraud? Local Ecuador law allows for any male to recognize a child as their own regardless of a biological relationship. 

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Posted (edited)

That is fraud

 

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324c&num=0&edition=prelim

§1324c. Penalties for document fraud

(a) Activities prohibited

It is unlawful for any person or entity knowingly-

(1) to forge, counterfeit, alter, or falsely make any document for the purpose of satisfying a requirement of this chapter or to obtain a benefit under this chapter,

 

(f) Falsely make

For purposes of this section, the term "falsely make" means to prepare or provide an application or document, with knowledge or in reckless disregard of the fact that the application or document contains a false, fictitious, or fraudulent statement or material representation, or has no basis in law or fact, or otherwise fails to state a fact which is material to the purpose for which it was submitted.

Edited by JeanneAdil
Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
7 minutes ago, EDreNYC said:

Whoa time out, how is this fraud? Local Ecuador law allows for any male to recognize a child as their own regardless of a biological relationship. 

Regardless of what Ecuador allows, that is not sufficient for US immigration purposes.  If this was legal, it would open the door to easy illegal human traffic into the US.  

Edited by Crazy Cat

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Posted

While the birth certificate is okay under Ecuadorian laws, you are seeking an immigration benefit and/or US citizenship under US laws.

 

On anything that you file for her with the US Government listing you as the father, you are making a claim that you are the biological father or the adopted father.  That is a where the fraud occurs.  

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Posted

Your wife can sponsor her sibling if or when she is a USC, then the child can come as a derivative or if by then she has aged out she can petition her.

 

Nothing through you as you are not a biological parent. Well you could divorce your wife and marry her sister and then petition them.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
18 minutes ago, canadian_wife said:

The issues have nothing to do with Ecuadorian laws and everything to do with US laws.  What is legal in Ecuador is irrelevant here.

 

the child is not biologically yours.  Any petition using that birth certificate will absolutely result in a DNA test. 
 

The mother is still alive so adoption for immigration purposes is also out

If you want to truly care for this child like a true daughter have you considered moving to Ecuador?  
 

best of luck

We spend 6 months of the year down there, appreciate the response. 

Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
4 minutes ago, EDreNYC said:

We spend 6 months of the year down there, appreciate the response. 

Has any attorney mentioned the 2 year custody rule?  Under the best of circumstances, adoption/immigration can be cumbersome.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
8 minutes ago, Boiler said:

Your wife can sponsor her sibling if or when she is a USC, then the child can come as a derivative or if by then she has aged out she can petition her.

 

Nothing through you as you are not a biological parent. Well you could divorce your wife and marry her sister and then petition them.

haha, no the intent was not to bring my sis in law. We simply thought there would be a way to petition for the child to enter the US for a few months of the year. My wife is an USC, so there is the possibility of my wife petitioning her mother, then she petitions my sis in law, etc.

 
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