getting my daughter.. any tips please..

[my_honey-bunch 0]

Good day everyone, I am making a post to get some tips..

I arrived here in USA recently under k1 visa.. I am from Philippines.. My fiance and I considering to get my daughter as possible as we can (when the time we get settled and have the money).. Apparently, we don't know what's the best way for her to bring here in US.. We couldn't apply for her as K2 because legally I have no right, she was been adopted by my parents..

Please guys enlighten us.. Give us knowledge to get through this process..

Thanks a lot, your replies will be greatly appreciated!!!

[sunandmoon 450]

this sounds like a complex situation. I would contact an immigration atorney to see if you have any options.

[ca_babe 129]

She might be your biological child but she's no longer your child.

Possible options:

1. You can petition her as a sibling of a US citizen (F-4) but that would take around 23 years per visa bulletin from the time you become a US citizen.

2. You may petition your parents once you become a citizen. Petitioning parents only take about a year to finish. Your parents can then petition your sister(daughter) under F2B if your sister(daughter) is under 21 years of age approximately 13 years from now.

3. Or you can adopt your sister(daughter) as long as the adoption takes place before your child turns 16 and you have lived with her for two years before the adoption. Your husband can then petition your sister(daughter) as a stepchild.

a. If she's below 21, the process can take up to a year.

b. If she's over 21 and unmarried, then it can take 18 years.

c. If she's married, then it can take 20 years .

How old is your sister(daughter)?

http://www.lawphil.n...ption_2002.html

Section 4. Who may adopt. – The following may adopt:

(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude; who is emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of a 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee's parent;

Edited September 12, 2012 by ca_babe

[calibob 73]

I think there will be a serious snag if she tries to adopt her daughter back from her parents and then the husband petitions her..... I think that the husband is also required to have legal and physical custody for two years.......that may be frowned upon as fraud to get immigration benefits. You will need to check with a competent lawyer on this matter. Don't give up till you have to but don't get over joyed till it happens. Best of luck

Bob

Edited September 12, 2012 by calibob

[my_honey-bunch 0]

She might be your biological child but she's no longer your child.

Possible options:

1. You can petition her as a sibling of a US citizen (F-4) but that would take around 23 years per visa bulletin from the time you become a US citizen.

2. You may petition your parents once you become a citizen. Petitioning parents only take about a year to finish. Your parents can then petition your sister(daughter) under F2B if your sister(daughter) is under 21 years of age approximately 13 years from now.

3. Or you can adopt your sister(daughter) as long as the adoption takes place before your child turns 16 and you have lived with her for two years before the adoption. Your husband can then petition your sister(daughter) as a stepchild.

a. If she's below 21, the process can take up to a year.

b. If she's over 21 and unmarried, then it can take 18 years.

c. If she's married, then it can take 20 years .

How old is your sister(daughter)?

Thanks a lot.. This gave us idea.. I have been asking an attorney before I left the Philippines and they told me that adoption could be an answer.. As far as I'm concerned, petitioning sibling is no longer available? Anyway, my daughter turned to 5 y/o last month..

http://www.lawphil.n...ption_2002.html

Section 4. Who may adopt. – The following may adopt:

(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude; who is emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of a 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee's parent;

[my_honey-bunch 0]

She might be your biological child but she's no longer your child.

Possible options:

1. You can petition her as a sibling of a US citizen (F-4) but that would take around 23 years per visa bulletin from the time you become a US citizen.

2. You may petition your parents once you become a citizen. Petitioning parents only take about a year to finish. Your parents can then petition your sister(daughter) under F2B if your sister(daughter) is under 21 years of age approximately 13 years from now.

3. Or you can adopt your sister(daughter) as long as the adoption takes place before your child turns 16 and you have lived with her for two years before the adoption. Your husband can then petition your sister(daughter) as a stepchild.

a. If she's below 21, the process can take up to a year.

b. If she's over 21 and unmarried, then it can take 18 years.

c. If she's married, then it can take 20 years .

How old is your sister(daughter)?

Thanks a lot.. This gave us idea.. I have been asking an attorney before I left the Philippines and they told me that adoption could be an answer.. As far as I'm concerned, petitioning sibling is no longer available? Anyway, my daughter turned to 5 y/o last month..

http://www.lawphil.n...ption_2002.html

Section 4. Who may adopt. – The following may adopt:

(1) Any Filipino citizen of legal age, in possession of full civil capacity and legal rights, of good moral character, has not been convicted of any crime involving moral turpitude; who is emotionally and psychologically capable of caring for children, at least sixteen (16) years older than the adoptee, and who is in a position to support and care for his children in keeping with the means of the family. The requirement of a 16-year difference between the age of the adopter and adoptee may be waived when the adopter is the biological parent of the adoptee or is the spouse of the adoptee's parent;

Thanks a lot.. This gave us Idea.. I have been asking an attorney before I left Philippines and I have been told that adoption could be an answer.. Although my fiance is aware he would still ask an immigration attorney here in the United states.. As far as I'm concerned, petitioning sibling is no longer available? Anyway, my daughter just turned to 5 last month..

[beejay 123]

Thanks a lot.. This gave us Idea.. I have been asking an attorney before I left Philippines and I have been told that adoption could be an answer.. Although my fiance is aware he would still ask an immigration attorney here in the United states.. As far as I'm concerned, petitioning sibling is no longer available? Anyway, my daughter just turned to 5 last month..

This is a complicated situation. I think you are right to contact both an adoption attorney in the Philippines and an immigration lawyer in the US. Both aspects (home country adoption laws and US immigration laws) would have to be addressed. Sometimes being legally adopted in a country does not always equal a petitionable relationship according to USCIS/DOS. Similarly, if the adoption is not considered legal in the home country they may not be allowed to immigrate. Ca-babe's post gave you a great synopsis of possible paths to pursue. I would absolutely discuss those with an immigration lawyer. You certainly don't have to go into it here but I would make sure to discuss with them the circumstances that brought about your parents adopting your daughter to see if there are any potential roadblocks there.

Petitioning your biological daughter as an adopted sister would definitely be a question for a US immigration lawyer.

[Fight for Love 98]

to avoid ALL complication...just petition one of your parent...i believed it takes few months to get it approved(less than 8mths almost the same w/K1)....then your mom OR dad...will file for the petition for your daughter...(i believed not quite sure yet your mom/dad can able to petition her even he/she not US citizen yet...please someone correct this statement if i'm wrong ) esp if your daughter is a minor 21 years old.

your other option...by law she is your sibling now....why not file petition under sister to sister...but to be honest that is the hard way....it takes years and years to get it approved. maybe 20years.

goodluck!!!

[calibob 73]

I don't think that you can petition till you become a naturalized citizen.

Bob

[my_honey-bunch 0]

Gosh it's tough.. thank you guys for giving me an idea.. I wish we applied a paperwork for her puting into my name while we was in the process of k1 visa.. But the attorney told me that it would cost 50,000php or more except DNA and it could take a year to fixed it or even more.. It's too hard for me because I never want to be away fr my daughter for so long. We will consult an attorney here in US and in Philippines to get more ideas..

Please if there is someone have the same case as mine, kindly share your experience..

Thanks a lot..

[apple21 953]

2. You may petition your parents once you become a citizen. Petitioning parents only take about a year to finish. Your parents can then petition your sister(daughter) under F2B if your sister(daughter) is under 21 years of age approximately 13 years from now.

is it possible if she can petition for only 1 parent? her father perhaps (so her mother can still take care of her daughter/sister).

after her father receives his green card, he can file a petition for his wife under F2A category in which the daughter/sister can be a derivative because she's still a minor (unmarried & below 21).

waiting time for F2A is 2-3 years for Philippines.

Edited September 18, 2012 by gelaigurl05

[ca_babe 129]

Since your sister/daughter is only 5 years old, the fastest way is for you to adopt your daughter back from your parents. I assume you had her when you were young so you had to give her up for adoption to your parents. That is not unheard of and as I had posted in my post above, you have the right to adopt your biological child. You already gave her up for adoption so you and your parents already know the procedure for adoption. Once you get married, your future husband can file for IR-2. Your daughter will be his stepchild. He has to file for the following:

I-130 $420

Affidavit of Support $88

Immigration Visa Application $230

[my_honey-bunch 0]

I am not sure if I am posting on the accurate forum.. I need an advice, please understand what my situation here don't judge me neither my parents.. Thanks

I got here in United states a month ago w k1 visa, unfortunately I wasn't able to bring my daughter because I do not have a legal right.. I am the biological mother but she was adopted by my parents,I got pregnant and became a single mother at a young age. The midwife told us that it would be better if my parents are listed on my daughter BC since my ex neglected me..My daughter is 5 years old now..

Now that I am married, my husband and I were hoping that we can get her in the next couple years, we are planning to petition her as soon as we can..We don't know what petition we will apply for her,and the problem w her BC is not resolved yet.. We have been emailing an attorney for a week but nobody reply us.

I hope you guys can give me an insight of what thing to do regarding w my situation and give us idea how long it would takes for us to get my daughter..

Many thanks in advance

[Boiler 44,873]

Is this a Family Law attorney in PI?

[ca_babe 129]

You should have mentioned in your other thread that your parents did not legally adopt her and that they just claimed her as their own. http://www.visajourney.com/forums/topic/388458-how-to-get-my-daughter You should have your daughter's birth certificate fixed first and have you as the correct mother and state that she's an illegitimate child.