Adopting Niece and petitioning her

[Hoot 0]

Hello All:

My wife just got her CR-1 visa. We would like to adopt her niece and file an I-130 to bring her over as our daughter. We know it could take 12-18 months. The niece is about to turn 14 and she lives in the Philippines. Can we do this ??? Any suggestions or input ??? Thank you.

Hoot n Dolly

[Dakine 26]

Hello All:

My wife just got her CR-1 visa. We would like to adopt her niece and file an I-130 to bring her over as our daughter. We know it could take 12-18 months. The niece is about to turn 14 and she lives in the Philippines. Can we do this ??? Any suggestions or input ??? Thank you.

Hoot n Dolly

Not that easy!

http://manila.usembassy.gov/wwwhadop.html

[Dakine 26]

Hello All:

My wife just got her CR-1 visa. We would like to adopt her niece and file an I-130 to bring her over as our daughter. We know it could take 12-18 months. The niece is about to turn 14 and she lives in the Philippines. Can we do this ??? Any suggestions or input ??? Thank you.

Hoot n Dolly

Not that easy!

http://manila.usembassy.gov/wwwhadop.html

One more site!

http://manila.usembassy.gov/wwwh3205.html

[Hoot 0]

Thanks

I did some research. It appears that we would need to bring her over on an I-20 visa by enrolling her in a private school. Once she is here we would need to adopt her. Very complex.

Hoot n Dolly

[aaron2020 11,651]

If your wife's niece has a living parent, your plan will not work. USCIS is aware of the tactic to turn someone who does not qualify for a family based visa petition to one who does by a family adoption. Your wife cannot directly petition for her niece. She adopts her with her parent's or parents' consent so her niece can qualify for an immigration visa. Even if the adoption is legal, the niece cannot get a visa if she is not an orphan.

[aaron2020 11,651]

Thanks

I did some research. It appears that we would need to bring her over on an I-20 visa by enrolling her in a private school. Once she is here we would need to adopt her. Very complex.

Hoot n Dolly

This will not work either. You cannot bring her over with the intent to adopt her to give her the right to stay in the US. The adoption is a separate legal issue from her right to remain in the US. An adoption can be legal and the immigration visa can still be denied.

If this was possible, do you know how many people would be adopting relatives from other countries just so they can get immigration visas immediately? USCIS does not allow this when the child is not an orphan as required by the immigration law.

[aaron2020 11,651]

Read this;

http://deborjalaw.com/2009/02/17/adoption-...he-philippines/

[aaron2020 11,651]

Call Susan Perez to discuss your plan. I do not work for her nor do I know her personally or have any connection to her. I've read her article about immigration and adopting a niece or nephew from the Philippines with the intent to bring them to the US.

http://law-usimmigration.com/

[Dakine 26]

If anyone fiqures out how to do a niece adoption please post. I'm standing in line!!

[aaron2020 11,651]

USCIS is aware of adoptions of family members to bring them to the US. It's not allowed unless the child is an orphan.

[elsanbob 0]

USCIS is aware of adoptions of family members to bring them to the US. It's not allowed unless the child is an orphan.

My fiance' and I are in the same position. Her niece is abandoned and has been raised for years in my fiance's home. Her brother will allow adoption and we're trying to do the best for all involved. Should she adopt prior to marriage or we adopt post marriage?

[cHiQy 1]

My parents is in the process to adopt my nephew/their grandchild, who's in the Phils. My sister/my nephews mother, allowed my parents to adopt her child.

My parents were the ones who was supporting the child since birth. Now, my parents are already here in the US with working visa and still communicating with their lawyer in the Phils. for the adoption. My parents' plan is when it got approved, they will have the chance to bring my nephew here in the US using a H4/dependent of working visa holder.

My parents wanted to that process also for my child who's in the Phils. too, but my USC husband was the one who wants to petition for my child as IR2, then adopt her when she arrives here.

Any suggestions and comments are greatly appreciated =]

Edited October 8, 2009 by cHiQy