Making changes to your I-129F

[Kris & Liezl 3]

Hello. In early November, I sent off my petition to bring my fiancee here. She is raising her 12 year old sister, and has been since the death of their mother 7 years ago. I included the sister on my I-129F because I had read on the USCIS website that a fiancee can bring their children, step-children or adopted children. So I told my fiancee to adopt her sister because it looks like that is the only way that she could come too. I didn't think it would be an issue since my fiancee has been raising her sister for seven years... Until today.

People have been telling me that even if she does legally adopt her sister in the Philippines, the US will not consider it valid and thus will not issue a K-2 for the girl because their father is still alive - making her not an orphan. I did not know about this orphan business until today.

So what do I need to do to revise my petition (remove the sister's name from the petition as a dependent of my fiancee)? My fiancee says she thinks she can leave her sister with an Aunt and some cousins; or if not, then find a good boarding school. Or do I just stop the adoption, let the petition run its course, accept the K-2 denial and hope all the above does not affect the K-1 decision? Basically, is it necessary to call and explain this to USCIS? My petition is still in Initial Review, meaning they've done nothing yet.

[Blob18 111]

Nothing you can do and if you do try to bypass the law, they will find out that they are sisters and you will be in DEEP trouble with the U.S. Federal Government (IE: Jail time and fine more than likely).

To remove her you should email or call USCIS and see what they say.

Edited February 5, 2011 by Blob18

[Kris & Liezl 3]

Holy! Relax. The OP is asking how to remove the sister from the petition. Not how to slip through any law.

Thank you! I am trying to correct a mistake I realized today that I made on my petition... Not slip through any laws.

[Ashex 4]

First thing first, don't listen to any of us regarding this.

Go speak with an immigration lawyer, you only need a consultation with them. You will want to discuss the situation with them.

Now regarding adopting her sister, US immigration will recognize the adoption that occurs in Philippines so long as the adoption process took place over there and was completely legal. There may be some back and forth paperwork involved as them being siblings will raise flags, but I believe if you can show it was a legal adoption it will be allowed in the end.

[LIFE'SJOURNEY 970]

First thing first, don't listen to any of us regarding this.

Go speak with an immigration lawyer, you only need a consultation with them. You will want to discuss the situation with them.

Now regarding adopting her sister, US immigration will recognize the adoption that occurs in Philippines so long as the adoption process took place over there and was completely legal. There may be some back and forth paperwork involved as them being siblings will raise flags, but I believe if you can show it was a legal adoption it will be allowed in the end.

The adoption has not taken place yet so how can the petitioner claim the child as his SO adopted daughter on a petition that has already been filed. Read the post carefully before you advise the OP.

[Kris & Liezl 3]

Nothing you can do and if you do try to bypass the law, they will find out that they are sisters and you will be in DEEP trouble with the U.S. Federal Government (IE: Jail time and fine more than likely).

To remove her you should email or call USCIS and see what they say.

Again, family members adopt each other in the Philippines. She told me it's not too uncommon. We were NOT trying to bypass any laws. My fiancee has raised her since their mother died. USCIS says a beneficiary can bring adopted children on a K-2. I told her to go ahead and make it official and just adopt her since you're already raising her. Seemed simple enough... Now today I am reading that just because it is legal there, it doesn't mean it would be legal here. SO I REALIZE MY MISTAKE NOW, THAT IS WHY I'M HERE ASKING HOW TO RESOLVE IT. We already spoke tonight, and she's going to be asking relatives starting this weekend if anyone can take her sister in when she leaves. We've already resigned to not bringing her sister, just since I realized my mistake - I called her right away (few hours ago). I wasn't even hiding that they were sisters on the application - they have the same middle and last names. I was oblivious to this rule...

My application hasn't had any activity yet, so I hope I can get this corrected before I get in that kind of trouble. So you say call USCIS, will they be able to transfer me to wherever my case so they can correct it for me? Who should I try to contact in the U.S. Federal Government to explain my mistake? Like what department or person? Thanks.

[LIFE'SJOURNEY 970]

Again, family members adopt each other in the Philippines. She told me it's not too uncommon. We were NOT trying to bypass any laws. My fiancee has raised her since their mother died. USCIS says a beneficiary can bring adopted children on a K-2. I told her to go ahead and make it official and just adopt her since you're already raising her. Seemed simple enough... Now today I am reading that just because it is legal there, it doesn't mean it would be legal here. SO I REALIZE MY MISTAKE NOW, THAT IS WHY I'M HERE ASKING HOW TO RESOLVE IT. We already spoke tonight, and she's going to be asking relatives starting this weekend if anyone can take her sister in when she leaves. We've already resigned to not bringing her sister, just since I realized my mistake - I called her right away (few hours ago). I wasn't even hiding that they were sisters on the application - they have the same middle and last names. I was oblivious to this rule...

My application hasn't had any activity yet, so I hope I can get this corrected before I get in that kind of trouble. So you say call USCIS, will they be able to transfer me to wherever my case so they can correct it for me? Who should I try to contact in the U.S. Federal Government to explain my mistake? Like what department or person? Thanks.

This is what immigration has to say about information that is included on an application that is not true,

WARNING: USCIS investigates claimed relationships and verifies the validity of documents. USCIS seeks criminal prosecutions when family

relationships are falsified to obtain visas.

(Town or City)

20. If your relative's native alphabet is other than Roman letters, write his or her name and foreign address in the native alphabet.

If your relative is not eligible for adjustment of status, he or she will apply for a

visa abroad at the American consular post in:

No

PENALTIES: By law, you may be imprisoned for not more than five years or fined $250,000, or both, for entering into a marriage contract for the

purpose of evading any provision of the immigration laws. In addition, you may be fined up to $10,000 and imprisoned for up to five years, or both, for

knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.

YOUR CERTIFICATION: I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.

Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligiblity for

[Kris & Liezl 3]

First thing first, don't listen to any of us regarding this.

Go speak with an immigration lawyer, you only need a consultation with them. You will want to discuss the situation with them.

Now regarding adopting her sister, US immigration will recognize the adoption that occurs in Philippines so long as the adoption process took place over there and was completely legal. There may be some back and forth paperwork involved as them being siblings will raise flags, but I believe if you can show it was a legal adoption it will be allowed in the end.

Oh my goodness!!! I am soooooooooooooooooooooooo confused! I mean, this is awesome news, if true... It is kind of what I understood at first also. But everyone on these boards is yelling FRAUD (when it's not) and freaking me out. She is going through a legal, legitimate adoption process in the Philippines. But then I saw people arguing in another thread about "orphan" status being necessary before the US considers the adoption to be legal, and that freaked me out - I don't want to go to jail... I think I will speak to an immigration lawyer. This is KILLING me! Why do they have to make this so confusing??

[Ashex 4]

Orphan status is required if you are adopting them over here. The adoption process is a bit messy in general which why I strongly recommend you consult with an immigration lawyer.

Trust me, everything you are being told here is anecdotal and could very well be wrong, this is why I'm saying to consult with an immigration lawyer if you are still unsure or confused.

[Kris & Liezl 3]

This is what immigration has to say about information that is included on an application that is not true,

WARNING: USCIS investigates claimed relationships and verifies the validity of documents. USCIS seeks criminal prosecutions when family

relationships are falsified to obtain visas.

(Town or City)

20. If your relative's native alphabet is other than Roman letters, write his or her name and foreign address in the native alphabet.

If your relative is not eligible for adjustment of status, he or she will apply for a

visa abroad at the American consular post in:

No

PENALTIES: By law, you may be imprisoned for not more than five years or fined $250,000, or both, for entering into a marriage contract for the

purpose of evading any provision of the immigration laws. In addition, you may be fined up to $10,000 and imprisoned for up to five years, or both, for

knowingly and willfully falsifying or concealing a material fact or using any false document in submitting this petition.

YOUR CERTIFICATION: I certify, under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.

Furthermore, I authorize the release of any information from my records that U.S. Citizenship and Immigration Services needs to determine eligiblity for

Yeah, I'm going to call USCIS tomorrow and try to speak to a person. Our relationship, I am not worried about - I sent 10 years worth of letters and other correspondence showing us moving from friends to more, as well as pictures and receipts from my visit. The sister thing, I'm a little freaked out about now... I'm going to try to explain that at the time I applied, I didn't realize the relationship between my fiancee and her sister was not valid for the petition. The instructions simply say to list all children of your fiancee. SHE raised her sister - their father has another family he's with. If you'd seen them together... That IS her child. That was about as much thought as I put into it when I typed her name in there... I was more concerned with all the "evidence" of our relationship I needed to send, that's what my mind was consumed with - trying to send them enough of everything they needed

But I caught the mistake, thanks to you guys! I'm grateful for your responses, by the way! I guess had I not come here, I'd still be just as clueless about it - I was waiting for NOA2. I just pray USCIS will understand, especially since I'm calling to notify them of the matter and not trying to hide it. I didn't "knowingly or willingly falsify" anything. I just hope they don't take any of the above penalties out on me, or worse, ban my fiancee for this error - I'd die. I've loved her for a third of my life, she is my heart...

Edited February 7, 2011 by KJamal99

[Kathryn41 3,205]

Post violating TOS and post quoting same have been removed. The text of the post quoting the removed post is returned below:

Yes, their mother died seven years ago, so my fiancee assumed raising her. She has been raising her for seven years now. Yes, I understand what adoption is; and from my understanding, siblings commonly adopt and raise minor siblings in the Philippines to keep families together. Today however, I learned from this board that just because it's legal there doesn't mean it is considered legal here. Basically, USCIS requires that the child must be an orphan. She s not, even though their father has another family now. I was unaware of this "orphan" requirement three months ago when I filled out and submitted my petition, and I did not know officially adopting a sibling you raised was illegal. If I was 20 and my brother was 5, I'd do anything possible to get custody if our parents passed away.

My relationship with my fiancee is VERY real. I have 10 years worth of letters, emails, chats and phone logs to prove it. And you can tell from reading them how our feelings intensified through the years, up to and after I proposed. I even found one letter from seven years ago where she thanked me for the flowers I sent to her mothers funeral/wake.

I have no intentions of committing fraud. Today, I had a snow day from work. I'm online on USCIS and on this message board reading all day and came upon some topics and pages that lead me to believe that though it may not be wrong on her end, it is wrong on my end. That is why I am here trying to figure out how to just get the sister's name removed. My fiancee said she will ask her aunts if any of them can watch over her if we leave her with them.