Jump to content

6 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Jamaica
Timeline
Posted

I am a US citizen and my husband is a perm. resident. Before coming to the US he raised his brother's son, after the death of both the child's parents. The child is now 10 years old. He thinks his mother may have actually filed adoption papers and legally adopted the child, making him my husband's brother. Am I, as the US Citizen spouse, eligible to file the I-130 for this child?

Filed: Timeline
Posted
  wynterstail said:
I am a US citizen and my husband is a perm. resident. Before coming to the US he raised his brother's son, after the death of both the child's parents. The child is now 10 years old. He thinks his mother may have actually filed adoption papers and legally adopted the child, making him my husband's brother. Am I, as the US Citizen spouse, eligible to file the I-130 for this child?

I don't see how whould that be done, so I say - NO.

USC can sponsor spouse and spouse's child as dependant, own children, own parents, own siblings.

PR can sponsor only heis/her spouse and children.

Filed: Country: Wales
Timeline
Posted
  wynterstail said:
I am a US citizen and my husband is a perm. resident. Before coming to the US he raised his brother's son, after the death of both the child's parents. The child is now 10 years old. He thinks his mother may have actually filed adoption papers and legally adopted the child, making him my husband's brother. Am I, as the US Citizen spouse, eligible to file the I-130 for this child?

No.

If your spouse adopts the child (or you, it is even better) then it is possible.

Posted
  Zil said:
  wynterstail said:
I am a US citizen and my husband is a perm. resident. Before coming to the US he raised his brother's son, after the death of both the child's parents. The child is now 10 years old. He thinks his mother may have actually filed adoption papers and legally adopted the child, making him my husband's brother. Am I, as the US Citizen spouse, eligible to file the I-130 for this child?

No.

If your spouse adopts the child (or you, it is even better) then it is possible.

Also, the difference if you, the USC files the I-130 in terms of waiting time is a lot shorter than if your husband does is as a LPR. Permanent Resident filing I-130 waiting time may be at least 5-6yrs.

12140.gif
Filed: K-1 Visa Country: Jamaica
Timeline
Posted

Isn't there some rule about adopting the child before...I don't know. I mean, if i adopted the child now, would he be eligible for me to file?

  Zil said:
  wynterstail said:
I am a US citizen and my husband is a perm. resident. Before coming to the US he raised his brother's son, after the death of both the child's parents. The child is now 10 years old. He thinks his mother may have actually filed adoption papers and legally adopted the child, making him my husband's brother. Am I, as the US Citizen spouse, eligible to file the I-130 for this child?

No.

If your spouse adopts the child (or you, it is even better) then it is possible.

Filed: Timeline
Posted
  wynterstail said:
I am a US citizen and my husband is a perm. resident. Before coming to the US he raised his brother's son, after the death of both the child's parents. The child is now 10 years old. He thinks his mother may have actually filed adoption papers and legally adopted the child, making him my husband's brother. Am I, as the US Citizen spouse, eligible to file the I-130 for this child?

If the child is now your husband's brother, legally, he could petition him, while he is still an LPR, and upgrade the petition once he becomes a US citizen himself. Still it would only then be a family fourth preference petition.

"diaddie mermaid"

You can 'catch' me on here and on FBI.

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...