Perm Res bring nephew to US

[Penguin_ie 5,997]

if he comes here on a tourist visa and stays- i know that is an overstay- can i file for a waiver based on hardship for him so he could stay here?

No, because there is no petitionable relationship (ie he is not your son).

[canadian_wife 1,829]

As penguin said, you cannot petition for him or file a waiver for him. You do not have a relationship that USCIS recognizes for immigration

Good luck

[RICARDO4EVA2 195]

LPR petitions for a minor child are not considered immediate relatives.

[sa2010 0]

LPR petitions for a minor child are not considered immediate relatives.

ok thanks everyone for the information! greatly appreciated.

for those who are waiting on visas, I just want to offer words of encouragement.

My wife and I went through quite the wait when I was coming to the US.

But hang in there and stay persistent with the consulate, it will happen!

[Kris & Liezl 3]

I would like to jump in here with a very similar question...

BACKGROUND:

In late 2009, I got engaged to a woman in the Philippines who I have known for just over 10 years (through our entire twenties). Seven years ago, her mother died she assumed raising her then 5-year-old sister. The father is in the picture, but barely. As I understand it, he visits for a day or two every few months - He is unfit, has no money, no home, and has another child my another woman who is also receiving no support. Flash forward to 2011, and we are in same boat as the OP - How to get the now 12-year-old sister here with my fiance. My fiancee is 29, college-educated, employed, responsible - everything a child needs. But she never officially adopted her, because that's just not necessary to assume rearing of a sibling there. (The only other sibling is a 26 year old brother who travels for construction jobs and sleeps wherever he can lay his head.)

ISSUE:

We can't leave the girl there by herself, but her "father" is still alive. My fiancee and I read the same pages on USCIS that say a woman can have her children, step-children and adopted children accompany her with the K1 visa. She actually found it first - because she is worried about leaving her sister - and showed me. So I told her to go ahead and adopt her sister, as it looks like it is the only way... But now it looks like you guys are all saying it will not work?? My fiancee has raised her sister, the girl may as well be an orphan.

QUESTION:

I saw someone say that in some cases, a child who does have a living parent or parents can still be adopted by a relative IF the parents are not deemed fit by the fiancee's country. Well, I believe we fit into that scenario... How do we go about proving it to the U.S.?

My fiancee actually has an appointment/visit with the Philippine equivalent of Social Services (I guess), next week. They are coming to evaluate her eligibility for an official adoption. If they will allow her to adopt her sister, her lawyer tells her that it would be retroactive for at least 5 years. Her brother has been calling their father and he SAYS he will show up to the interview, to sign over rights, if necessary. How do we PROVE to the US/Immigration that this is not a "sham adoption"? That we are just making official, something that has already been true for many years - my fiancee IS her sister's only "parent".

[NigeriaorBust 4,087]

you would need an underlying petition to file the waiver with and there is no reason. Also if the father is alive to be an orphan you need them both to die.

[sa2010 0]

I would like to jump in here with a very similar question...

BACKGROUND:

In late 2009, I got engaged to a woman in the Philippines who I have known for just over 10 years (through our entire twenties). Seven years ago, her mother died she assumed raising her then 5-year-old sister. The father is in the picture, but barely. As I understand it, he visits for a day or two every few months - He is unfit, has no money, no home, and has another child my another woman who is also receiving no support. Flash forward to 2011, and we are in same boat as the OP - How to get the now 12-year-old sister here with my fiance. My fiancee is 29, college-educated, employed, responsible - everything a child needs. But she never officially adopted her, because that's just not necessary to assume rearing of a sibling there. (The only other sibling is a 26 year old brother who travels for construction jobs and sleeps wherever he can lay his head.)

ISSUE:

We can't leave the girl there by herself, but her "father" is still alive. My fiancee and I read the same pages on USCIS that say a woman can have her children, step-children and adopted children accompany her with the K1 visa. She actually found it first - because she is worried about leaving her sister - and showed me. So I told her to go ahead and adopt her sister, as it looks like it is the only way... But now it looks like you guys are all saying it will not work?? My fiancee has raised her sister, the girl may as well be an orphan.

QUESTION:

I saw someone say that in some cases, a child who does have a living parent or parents can still be adopted by a relative IF the parents are not deemed fit by the fiancee's country. Well, I believe we fit into that scenario... How do we go about proving it to the U.S.?

My fiancee actually has an appointment/visit with the Philippine equivalent of Social Services (I guess), next week. They are coming to evaluate her eligibility for an official adoption. If they will allow her to adopt her sister, her lawyer tells her that it would be retroactive for at least 5 years. Her brother has been calling their father and he SAYS he will show up to the interview, to sign over rights, if necessary. How do we PROVE to the US/Immigration that this is not a "sham adoption"? That we are just making official, something that has already been true for many years - my fiancee IS her sister's only "parent".

Actually- you are in a different situation from me because it is your fiance's sister who is a direct relative and your fiance can petition for her, mine is nephew so I would have to bring my sister here first then my nephew. As far as bringing her sister at the same time, may be another issue. I'm sure there are some on this board that will have answers for you on that.

[Kris & Liezl 3]

you would need an underlying petition to file the waiver with and there is no reason. Also if the father is alive to be an orphan you need them both to die.

What do you mean by "underlying petition"?

And what difference does it make if the father is alive if he has had little to no involvement in her upbringing? We would rather he give the girl to us than to sell her to some random stranger who aims to "put her to work"...

Please, tell me more about the "underlying petition".... We have a good chance, I think. What does she need to show to this case worker next week to prove, basically, there is no "father"?

[NigeriaorBust 4,087]

If the child came on a visitors visa and overstayed, the only forgiviness is as the immediate relative of a US citizen who is petitioning. You run into the same issue about the child not meeting the adoptable orphan requirements. Immigration is pretty tough on the defination of immediate relative. My husband has 21 siblings , imagine the immigration flood if he "adopted" all of their kids ( his nephews and nieces) so they could quickly get to the US using the arguement that Nigeria is a 3rd world country.

[canadian_wife 1,829]

I would like to jump in here with a very similar question...

BACKGROUND:

In late 2009, I got engaged to a woman in the Philippines who I have known for just over 10 years (through our entire twenties). Seven years ago, her mother died she assumed raising her then 5-year-old sister. The father is in the picture, but barely. As I understand it, he visits for a day or two every few months - He is unfit, has no money, no home, and has another child my another woman who is also receiving no support. Flash forward to 2011, and we are in same boat as the OP - How to get the now 12-year-old sister here with my fiance. My fiancee is 29, college-educated, employed, responsible - everything a child needs. But she never officially adopted her, because that's just not necessary to assume rearing of a sibling there. (The only other sibling is a 26 year old brother who travels for construction jobs and sleeps wherever he can lay his head.)

ISSUE:

We can't leave the girl there by herself, but her "father" is still alive. My fiancee and I read the same pages on USCIS that say a woman can have her children, step-children and adopted children accompany her with the K1 visa. She actually found it first - because she is worried about leaving her sister - and showed me. So I told her to go ahead and adopt her sister, as it looks like it is the only way... But now it looks like you guys are all saying it will not work?? My fiancee has raised her sister, the girl may as well be an orphan.

QUESTION:

I saw someone say that in some cases, a child who does have a living parent or parents can still be adopted by a relative IF the parents are not deemed fit by the fiancee's country. Well, I believe we fit into that scenario... How do we go about proving it to the U.S.?

My fiancee actually has an appointment/visit with the Philippine equivalent of Social Services (I guess), next week. They are coming to evaluate her eligibility for an official adoption. If they will allow her to adopt her sister, her lawyer tells her that it would be retroactive for at least 5 years. Her brother has been calling their father and he SAYS he will show up to the interview, to sign over rights, if necessary. How do we PROVE to the US/Immigration that this is not a "sham adoption"? That we are just making official, something that has already been true for many years - my fiancee IS her sister's only "parent".

Contact Laural Scott. Your case is complicated. She is an immigration attorney that gives free chats on Wednesdays. Condense your question and ask there.

Unless the child is a true orphan -which it is not-then I do not believe a petitionable relationship exists. But that is what Laural Scott is for

Good luck

[Harsh_77 718]

I would like to jump in here with a very similar question...

BACKGROUND:

In late 2009, I got engaged to a woman in the Philippines who I have known for just over 10 years (through our entire twenties). Seven years ago, her mother died she assumed raising her then 5-year-old sister. The father is in the picture, but barely. As I understand it, he visits for a day or two every few months - He is unfit, has no money, no home, and has another child my another woman who is also receiving no support. Flash forward to 2011, and we are in same boat as the OP - How to get the now 12-year-old sister here with my fiance. My fiancee is 29, college-educated, employed, responsible - everything a child needs. But she never officially adopted her, because that's just not necessary to assume rearing of a sibling there. (The only other sibling is a 26 year old brother who travels for construction jobs and sleeps wherever he can lay his head.)

ISSUE:

We can't leave the girl there by herself, but her "father" is still alive. My fiancee and I read the same pages on USCIS that say a woman can have her children, step-children and adopted children accompany her with the K1 visa. She actually found it first - because she is worried about leaving her sister - and showed me. So I told her to go ahead and adopt her sister, as it looks like it is the only way... But now it looks like you guys are all saying it will not work?? My fiancee has raised her sister, the girl may as well be an orphan.

QUESTION:

I saw someone say that in some cases, a child who does have a living parent or parents can still be adopted by a relative IF the parents are not deemed fit by the fiancee's country. Well, I believe we fit into that scenario... How do we go about proving it to the U.S.?

My fiancee actually has an appointment/visit with the Philippine equivalent of Social Services (I guess), next week. They are coming to evaluate her eligibility for an official adoption. If they will allow her to adopt her sister, her lawyer tells her that it would be retroactive for at least 5 years. Her brother has been calling their father and he SAYS he will show up to the interview, to sign over rights, if necessary. How do we PROVE to the US/Immigration that this is not a "sham adoption"? That we are just making official, something that has already been true for many years - my fiancee IS her sister's only "parent".

Cant blame US authority - they were lax on the issue but ppl were mis-using and bring whole families over in US with fake adoption and fake relatives.

[Kris & Liezl 3]

Cant blame US authority - they were lax on the issue but ppl were mis-using and bring whole families over in US with fake adoption and fake relatives.

But this is neither a "fake" adoption nor a "fake" relative. She is going through all of the bells and whistles of an authentic, official adoption there in her country. And this is her true, blood relative - It's her sister, they have the same parents. It's just that the mother is deceased, the father is not in their lives and the sister is a minor with the only "parental" force in her life being my fiancee. I think I need to call USCIS to see what they need to prove that the girl is essentially an orphan.

[canadian_wife 1,829]

The girl is not an orphan, the child has parents

Contact that lawyer I sent you the info for. USCIS is known as the 'misinformation line" you do NOT need misinformation regarding the future of a child

[NigeriaorBust 4,087]

The point you have to prove is that the parent(s) are incapable of supporting the child to the local poverty level. This could mean that they are disabled or inprisioned or something of that sort. That is the "loophole" of not being an orphan. Proving is in the legal sense not just making statements and not that you can provide a better life. You have to prove your sister is not capable of raising the child.

[LIFE'SJOURNEY 970]

I would like to jump in here with a very similar question...

BACKGROUND:

In late 2009, I got engaged to a woman in the Philippines who I have known for just over 10 years (through our entire twenties). Seven years ago, her mother died she assumed raising her then 5-year-old sister. The father is in the picture, but barely. As I understand it, he visits for a day or two every few months - He is unfit, has no money, no home, and has another child my another woman who is also receiving no support. Flash forward to 2011, and we are in same boat as the OP - How to get the now 12-year-old sister here with my fiance. My fiancee is 29, college-educated, employed, responsible - everything a child needs. But she never officially adopted her, because that's just not necessary to assume rearing of a sibling there. (The only other sibling is a 26 year old brother who travels for construction jobs and sleeps wherever he can lay his head.)

ISSUE:

We can't leave the girl there by herself, but her "father" is still alive. My fiancee and I read the same pages on USCIS that say a woman can have her children, step-children and adopted children accompany her with the K1 visa. She actually found it first - because she is worried about leaving her sister - and showed me. So I told her to go ahead and adopt her sister, as it looks like it is the only way... But now it looks like you guys are all saying it will not work?? My fiancee has raised her sister, the girl may as well be an orphan.

QUESTION:

I saw someone say that in some cases, a child who does have a living parent or parents can still be adopted by a relative IF the parents are not deemed fit by the fiancee's country. Well, I believe we fit into that scenario... How do we go about proving it to the U.S.?

My fiancee actually has an appointment/visit with the Philippine equivalent of Social Services (I guess), next week. They are coming to evaluate her eligibility for an official adoption. If they will allow her to adopt her sister, her lawyer tells her that it would be retroactive for at least 5 years. Her brother has been calling their father and he SAYS he will show up to the interview, to sign over rights, if necessary. How do we PROVE to the US/Immigration that this is not a "sham adoption"? That we are just making official, something that has already been true for many years - my fiancee IS her sister's only "parent".

I am going to ask you a question according to your statement the mother died 7 years ago, why didn't the SO adopt her sister then, Why is it necessary for the OP to adopt the sister now that she is attempting to migrate to the US. Also, you have stated that you'll have known each other for 10 years, and none of this was a concern even in her home country, the OP want to have guardianship over her sister. To the US immigration, the adoption at this time will look as if you are only using it to gain a pathway for the sister to enter the US.

BTW, the father is still active in the sister life, even if it isn't up to your standards. So, all of this proves that the sister has never been a true orphan. This will be the 1st obstacle you will have to overcome , in the true sense the sister is not an orphan. Will he give up his rights to the sister, yes if he think sending her to the US will give her a better life.

Hell, everyone in a 3rd world country would do this, but this is not the definition that the US immigration uses to define an orphan. I know this is not what you want to hear, but it is what is.

I am not judging or criticizing your actions I am only stating our this will look in the eyes of immigration. If all else doesn’t work, then think about putting the sister in a private boarding school, and give her the best you’ll can offer.