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Posted

I was married in 2025 to a Filpino

woman who has 2 children. She has never been married before other than to me. Her oldest son is her biological son, her second son is her cousins son who was given to her when he was 5 days old. The age differenece between the boys is about 3 weeks . The problem is the children are now 17 years old and she has NO paperwork at all on her cousins son. His mother died in childbirth and he was sent to my wife. We have applied thorugh the courts for guardianship over him so he can come to the US with my wife and his brother. He will be 18 in August and I am wondering what are our chances of his approval since my wife has cared for him since he was 5 days old? We have had so so many hurdles to cross such his mother's death certicate and other matters along that line. My question is will he be elible to immigrate under my wifes's guardianship papers?

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted

Others will be along to answer in detail, but it sounds to me that there's hope if you have the mother's death certificate and your wife's guardianship papers.  Good luck, and definitely keep us apprised.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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