Adoted son of spouse

[Brent n Joy 0]

My Brother's just got married to a filipina and his wife has an adopted son(1yr old) can the adopted son come over with his wife? can he be included in the papers?

[payxibka 10,045]

yes, a legally adopted child is treated the same as a biological child. Not included on the papers but separate papers (I-130's)

Edited March 10, 2010 by payxibka

[VanessaTony 3,567]

My Brother's just got married to a filipina and his wife has an adopted son(1yr old) can the adopted son come over with his wife? can he be included in the papers?

As long as it was a legal adoption with legal adoption papers then the child is her's, adopted or not and she's allowed to bring her kids... I haven't read anything to the contrary.

The reason I say "legal" is because there was a case where a girl tried to petition her adoptive parents but it turns out her adopted parents never legally adopted her so there's a whole mess of trouble (lifetime ban involved as well for the parents) so yeah. Check that.

The child needs to be included anywhere where it asks for her children, and then when she submits paperwork for the child, instead of just the birth certificate, she would also send the adoptive papers.

Hope that helps.

[Walley 0]

As long as it was a legal adoption with legal adoption papers then the child is her's, adopted or not and she's allowed to bring her kids... I haven't read anything to the contrary.

The reason I say "legal" is because there was a case where a girl tried to petition her adoptive parents but it turns out her adopted parents never legally adopted her so there's a whole mess of trouble (lifetime ban involved as well for the parents) so yeah. Check that.

The child needs to be included anywhere where it asks for her children, and then when she submits paperwork for the child, instead of just the birth certificate, she would also send the adoptive papers.

Hope that helps.

Scenario: Philippines - A woman delivers her baby and right after birth, gave her child to a family for money. In the child's b-certificate, listed the new parents as her own but no adoption papers. Child has never seen the biological mother since birth. Is this legal?

[justashooter 430]

Scenario: Philippines - A woman delivers her baby and right after birth, gave her child to a family for money. In the child's b-certificate, listed the new parents as her own but no adoption papers. Child has never seen the biological mother since birth. Is this legal?

if the child has the adoptive mother listed as birth mother, it would seem to be possible for her to bring the child if she later divorces the named father and marries an American guy.

trouble is, there is a skeleton in the closet, and it can get out in one of several ways:

if the woman has never birthed a child the physical exam will prolly raise red flag

if the identity of the child is ever questioned the DNA will raise red flag

if the natural parents ever make a claim ( possible extortion intent) this will be a red flag

prolly a bunch of other potential nightmares, these just off the top of my head

in any case, discovery of misrepresentation in documents related to immigration can lead to lifetime ban, even after CG or citizenship.

because of this, i recommend that the issue be sorted out in phils before any attempt at immigration. get a proper birth certificate, and proper adoption papers. be aware that adoption occuring immediately prior to immigration application would be viewed as fraudulent intent. USCIS likes to see a child living with adoptive parents in home country for 2-3 years before immigration attempt. USCIS will also defer to in country CO in judgement of what is culturally accepted in terms of rationale for adoption, and documentation related to.