Is this possible?

[Robert888 0]

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?

[TBoneTX 49,411]

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.

[rbv_shard 90]

Nothing worthwhile in life is ever simple or easy.  Wishing you favor with the document reviewer leading to total success!

[Boiler 48,774]

Guardianship is not a basis for Immigration.

[jan22 3,193]

A child must be in the LEGAL guardianship for 2 years prior to immigration.  More importantly, the child must be under 16 at the time of immigration to qualify.  As he is already 17, I don’t see how he can immigrate with her.

[Crazy Cat 46,333]

7 hours ago, jan22 said:

A child must be in the LEGAL guardianship for 2 years prior to immigration.  More importantly, the child must be under 16 at the time of immigration to qualify.  As he is already 17, I don’t see how he can immigrate with her.

Seems, to me,  too, so late in the process, with no legal adoption, that it could hinder ANY US immigration (family-based or immediate relative) in the future. 

Edited 5 hours ago by Crazy Cat

[pushbrk 14,372]

If she had legally adopted him, it would be different.  Her situation is fairly common in the Philippines but there is no path for her nephew to immigrate with her.

[Boiler 48,774]

Have you filed anything? If so what and when.

[Robert888 0]

I haven't filed anything yet. Was waiting on the courts in Cagayan De Oro to decide about the guardianship. I belive it is possible that we could switch up and  go the adoption route if needed. The reason we didn't go the adoption at first is because of all the different requirements. I would need affidavits from my grown married children stating that they didn't object to the adoption, I would need to undergo psychological testing at a court appointed shrink, which means more trips to attend court hearings. Plus the fact that their judicial systems moves like a glacier. Plus the attorney told us that an adoption can take up to 2 years. If we went the adoption route which means he could age out during the court process. If we were successful with the adoption could my wife file for him as an unmarried adult son if he does age out? I would to thank everyone who has responded to my post.

Edited 1 hour ago by Robert888

[Boiler 48,774]

He is 17 now, 19 by the time your wife and her child could come so at least an adult.

 

If he wants to move to the US he needs to find his own way.

[Ontarkie 15,131]

Sadly this does not look good. It really is too bad your wife didn't adopt him years ago. I know things just work different over there and it wasn't on her mind. Good luck with everything.