Adopted Wife's Niece, what's next?

[calibob 73]

Hello, we are adopting my wife's niece (brother and sister in laws child). They've relinquished any claims to her as they're unable to care for the young lady since the age of 6, she's now 16. We got the petition to adopt in the court before age 16 and is almost final in the local courts. We've provided sole support since age 6 but I've never had physical custody of her, just my wife has. After the adoption she will have my last name on her birth certificate and me and my wife as parents. Her birth parents have legally relinquished any ties to the child.

We're going to let her finish her schooling in the Philippines as she is 16 and any disruption now would throw her off normal schedule plus she's been accepted to a very good university there. What avenues for immigration do we have open to us for her? Wait till my wife becomes naturalized then petition or is she petitionable after the adoption is final? She will still finish her college abroad. We are sincere about the child and her welfare and are supporting her through her college years. Any good advice would be appreciated. Thanks!

Bob

[canadian_wife 1,829]

You say she's been accepted into university there, does she intend to attend?

If yes, how long would that keep her in PI?

good luck

[calibob 73]

She'd finish her education there, at least a bachelors. If she were to come here at age 16, she'd either have to start college or work since she is graduating hs this spring. Don't think she wants to attend two more years of hs. Probably 4.5 years more of college.

Bob

Edited March 5, 2013 by calibob

[calibob 73]

We are looking at the long run best interest of the child. Would she be able to visit us during summer breaks? Would she be eligible for summer school internships in the US since we are her parents now and how would that impact her visa? Would she get a US passport since she is a child of a USC?

Bob

Edited March 5, 2013 by calibob

[Penguin_ie 5,996]

You have several issues here:

- The child's parents are still alive, thus an adoption will only be valid for immigration if you have two years physical custody, which it doesn't sound like you do.

- The child is 16 when the adoption is finalised, which means it is not valid for immigration purposes.

Essentially, you may now/ soon be her parents by Philippines law, but not by US law. She is not a US citizen and you cannot petition for a family visa for her. She can come visit if she gets a tourist visa, but the adoption will actually make that more difficult as they may assume she wants to stay with you long term/ illegally immigrate. If you can afford it, you could pay for her to study in the USA on an F1 visa.

[calibob 73]

May my wife petition her once she becomes naturalized? in about 2 years? She's had the physical custody of the child. As for being her parent, regardless of the outcome of our situation I would be proud to call her my own child and the adoption was petitioned before the courts at age 15.

Bob

Edited March 5, 2013 by calibob

[aaron2020 11,651]

May my wife petition her once she becomes naturalized? in about 2 years? She's had the physical custody of the child. As for being her parent, regardless of the outcome of our situation I would be proud to call her my own child and the adoption was petitioned before the courts at age 15.

Bob

Bob,

You will not be able to get her an immigration visa for several reasons.

First, both her parents are alive so she does not fit the definition of an orphan. The immigration visa will fail for this reason alone since there is common blood between the child and your wife.

Second, you or your wife would need to return to the Philippines and live with the child for 2 years since this is a non-Hague adoption.

Third, the adoption must be FINALIZED before age 16. It doesn't matter when you started the process. Because she is now 16 and the adoption has not been finalized, then US laws specifically does not allow her to obtain an immigration visa. A petition for an immigration visa will fail for this reason alone.

You really should have investigated this before starting the adoption to immigrate the child to the US.

The end result will be a child that you legally adopt under Pillipines and US laws that you can never give an immigration benefit to. She will be your daughter, and you will never be allowed to petition for her.

Edited March 5, 2013 by aaron2020

[calibob 73]

And that is ok with me that she may never be petitioned, it wasn't about that alone. It was insuring that she has a stable environment, medical care, good education...ect. My wife had custody of her for 10 years as sole supporter and her parents have abandoned her and signed papers stating such. So my wife has had the two years regs, when she naturalizes, will she be able to petition? We live in CA and they recognize foreign adoption decrees for BCs.

Bob

[aaron2020 11,651]

Essentially, you may now/ soon be her parents by Philippines law, but not by US law.

This is incorrect. You are mixing up adoption laws and immigration laws.

The sad part is that Bob and his wife will not be able to petiion for her under US immigration law since the child is 16 and the adoption has not been finalized.

Under both Philippines and US adoption laws, they will be her legal parents once the adoption is finalized.

[aaron2020 11,651]

And that is ok with me that she may never be petitioned, it wasn't about that alone. It was insuring that she has a stable environment, medical care, good education...ect. My wife had custody of her for 10 years as sole supporter and her parents have abandoned her and signed papers stating such. So my wife has had the two years regs, when she naturalizes, will she be able to petition? We live in CA and they recognize foreign adoption decrees for BCs.

Bob

No Bob. You and your wife will never be allowed to petition for her since the adoption was not finalized before age 16. All the other facts do not matter. Your wife having 10 years of custody and getting US citizenship does not change the fact that an adoption finalized after age 16 does not qualify for an immigration visa.

Furthermore, your statement contains the contradiction that you are okay with not being able to petition for her and yet you keep asking if there a way to petition for her when your wife becomes a US citizen.

It doesn't matter that California recognizes the adoption. Immigration is US federal law, and US federal law stares no immigration for a child who's adoption is finalized after age 16.

Edited March 5, 2013 by aaron2020

[calibob 73]

Aaron, it WOULD be nice to be a family. But her well being is priority so the adoption is first and foremost, immigration is second. The decree will be sealed by a judge once the conditions of the adoption are met, since the decree was begun before her 16th, that decree should be met and the date of adoption?

Bob

And yes you, under certain conditions can adopt after 16..... USCIS Adoptions

[NigeriaorBust 4,087]

Because you adopted her there is no path for her to come. At her age the only path was through her ex parents and that is now terminated. Maybe she will find her own path based on the education you provide her.

[aaron2020 11,651]

Aaron, it WOULD be nice to be a family. But her well being is priority so the adoption is first and foremost, immigration is second. The decree will be sealed by a judge once the conditions of the adoption are met, since the decree was begun before her 16th, that decree should be met and the date of adoption?

Bob

Bob. You are grasping at straws. You seem to not get that there will NEVER EVER be an migration visa for your adopted child.

The bottom line is NO. NO. NO.

Sorry to be so blunt, but you simply don't get the simple fact that US laws says she will not qualify for an immigration visa through adoption under ANY circumstances.

[calibob 73]

It states a permanent resident can adopt an unmarried child under the age of 21 if they fulfill the requirements, my wife does.

Bob

[NigeriaorBust 4,087]

Both conditions for over 16 year olds require a younger child to be part of the adoption process, you didn't state that you were adopting a sibling.