How to bring family member over to U.S.A. to live

[mikellen 0]

I apologize if I am posting in the wrong forum so mods please move if necessary.

Here is my situation that I hope someone can help me with.

I am an American citizen and I married my wife who is from the Philippines. We are going through the

immigration process. We have recently filed our I-751 (Petition for removal of conditions) and awaiting her

permanent resident card. She will file for citizenship when applicable.

We are having difficulty conceiving a child and my wife is very family orientated. She would like to bring over her

nephew who is 7 years old and was born and lives in the Philippines with his mom, dad,and 2 sisters.

My wife's sister and brother-in-law are very poor and are agreeable to having their son live with us in hopes of him having a better life.

So my question is: What are some ways that my wife and I can bring over her nephew and have him live with us? We would need him to be able to go to school here and be covered under our health insurance. I'm not too comfortable with adoption at this point but would prefer to

become a legal guardian or "sponsor" if possible.

Has anyone gone through or going through a similar situation?

Can anyone provide me with some guidance?

Thanks to all who reply!

I really appreciate your help!

Edited April 13, 2010 by mikellen

[sachinky 465]

Not possible.

Adoption is a way out but you'd have to jump through many hoops. Besides, if any or both biological parents are alive, a kid can't be adopted for immigration purposes. Otherwise you'd see this happening everyday. This is my limited understanding of the matter.

Edited April 13, 2010 by sachinky

[gistereb 0]

I apologize if I am posting in the wrong forum so mods please move if necessary.

Here is my situation that I hope someone can help me with.

I am an American citizen and I married my wife who is from the Philippines. We are going through the

immigration process. We have recently filed our I-751 (Petition for removal of conditions) and awaiting her

permanent resident card. She will file for citizenship when applicable.

We are having difficulty conceiving a child and my wife is very family orientated. She would like to bring over her

nephew who is 7 years old and was born and lives in the Philippines with his mom, dad,and 2 sisters.

My wife's sister and brother-in-law are very poor and are agreeable to having their son live with us in hopes of him having a better life.

So my question is: What are some ways that my wife and I can bring over her nephew and have him live with us? We would need him to be able to go to school here and be covered under our health insurance. I'm not too comfortable with adoption at this point but would prefer to

become a legal guardian or "sponsor" if possible.

Has anyone gone through or going through a similar situation?

Can anyone provide me with some guidance?

Thanks to all who reply!

I really appreciate your help!

I think you should consult a good immigration lawyer for advise. It is possible for adoption within the relatives - but there are conditions that the child has to have lived 3 - 5 years with your wife and there is a strong bond/attachment and the judge has to pass an adoption decree. The biological parents would also have to execute affidavits and they should also understand that in the future they would have no legal claim over the child and no rights especially, of immigration would be available to them thru the child. The child has to be under sixteen years of age at the time of adoption. The adoption can take place in the phillipines (depending on the local adoption laws) and if the child is temporarily in the, the adoption can definitely take place in the u.s. thereafter you can proceed with bringing the child on an immigration visa as immidiate relative. The process is a little long, but with the help of good lawyer, possible.

[TracyTN 237]

Moving thread from AOS forum to Bringing Family members of US citizens to America forum. (Assuming she'll be a citizen when she applies for them...!)

[LIFE'SJOURNEY 970]

Not possible.

Adoption is a way out but you'd have to jump through many hoops. Besides, if any or both biological parents are alive, a kid can't be adopted for immigration purposes. Otherwise you'd see this happening everyday. This is my limited understanding of the matter.

[Anh map 2,098]

There was a thread about this same scenario a few months ago (if I recall correctly) and it cannot be done. The child would have to be an orphan for you to adopt. If not then the adoption would be to secure an immigration benefit and would not eligible for a visa.

At this time there are no categories for nieces and nephews.

Edited April 13, 2010 by Anh map

[mikellen 0]

Thank you for all of the comments. Does anyone have any personal experience with this or can offer further advice?

Thank you.

[sachinky 465]

Nothing more to offer apart from "Impossible."

Nephews and nieces cannot be petitioned for as they are not considered to be immediate family members.

Adoption for immigration purposes is considered to be fraud.

Your wife, when she becomes a USC, can petition her sister and her family and then have them come over but that's a good 25 years down the line.