Adopted Wife's Niece, what's next?

[aaron2020 11,651]

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

Bob

You are reading what you want. You are ignoring the rest of the requirements.

Look just at the orphan part and tell us how she would qualify.

[calibob 73]

It is a fuzzy area that both a US attorney and PH attorney stated would be possible, open to interpretation. If we fail, we fail not because we didn't try but because of interpretation of statutes. Both lawyers agreed that as long as the decree with the court was placed prior to her 16th year, she'd be ok. Regardless, she's a good kid and will receive our love and support for as long as she needs it. There is only one child involved.

Bob

[Penguin_ie 5,996]

As you set it out there, is no way for you or your wife to EVER petition the child. The only way to do so would be to halt the adoption procedure, have your wife become a US citizen, then petition her sister (the bio mom of the child), and when mom comes to the USA, she petitions her daughter. But we are talking about a wait of 20+ years for all of that. There is no way for you to adopt the child for immigration purposes, because the decree will be finalised after her 16th birthday- the exception you stated does not apply in her case.

Maybe we are missunderstanding the situation:

- How can your wife have physical custody when she must be a US resident and live in the USA to be a greencard holder?

- Since your wife had physical custody for ten years, did she adopt the child? If she is already the legal mother, and ity is just YOU who is adopting the child, there may be a way.

[calibob 73]

Her parents gave her up as they were unable to care for her since her 6th birthday. They have signed papers stating such and a social worker has visited and documents such.

Bob

[calibob 73]

She had sole custody of the girl. Raised her for 10 years thus fulfilling the custody requirement. Nowhere does it say after adoption or before. Just custody.

Bob

[calibob 73]

She was unable to adopt due to financial reasons not affording the legal fees.

Bob

[calibob 73]

The end desired result would be for our daughter to finish her schooling, on time, with her friends, and be able to join us when she finishes. In an ideal world this is our hope. But we know this isn't an ideal world. There will be bumps and barriers. My wife and I miss her dearly, not unlike you reading this miss your loved ones. Time will tell and we will eventually be together. Time is the variable.

Bob

[Justine+David 218]

Did the girl live with your wife for the past 10 years? Where does she live now since your wife is living in the USA?

[calibob 73]

She lived with my wife for 10 years, been living with an Uncle near her school in a city far from her birth parents. We call/skype often to keep up with her.

Bob

[StephAnn2012 50]

'calibob' "She lived with my wife for 10 years, been living with an Uncle near her school in a city far from her birth parents.  We call/skype often to keep up with her."

I wish you and your wife well.  Personally, I would take the advice of lawyers in the US and Philippines over a free forum of immigration processors every time.

Since there are obviously facts that were not evident in your postings here, any advice given is suspect.  I know everyone's hearts are in the right place and I really hope this works out for you and your adopted daughter.  She is lucky to have you guys to love and watch out for her. Depending on her education, you might be able to find a sponsor company who wishes to hire her.  Nursing would be the best avenue as the doors are wide open to filipina trained nurses in the US.

My fiancee has a brother who knows how to make babies - 6 so far - He and his ex just don't know how to take care of them so we are doing what we can to make sure they all get a good education.

Edited March 5, 2013 by StephAnn2012

[Tahoma 2,292]

Nursing would be the best avenue as the doors are wide open to filipina trained nurses in the US.

Nursing may be a good long-term strategy for Bob and his wife to get their daughter to the U.S. However, at this time there is a retrogression for nurses. Hopefully, the retrogression will end by the time Bob's daughter would graduate from nursing school and pass her NLE.

Best wishes, Bob.

[Boiler 46,130]

Does she have a boyfriend, if not is there somebody you could introduce her to.

As an aside your numbers do not add up, your wife has had custody of her since she was 6, now 16, but must have been in the US for at least 3 years to obtain citizenship. So how old is she?

[Sandra G. 5,074]

calibob read the Uscis memorandum regarding adoption and you will be able to find all answers that you are looking for your case.(15 pages)

http://www.uscis.gov/USCIS/Laws/Memoranda/2012/November%202012/Simple%20Adoption.pdf

[Harsh_77 718]

Does she have a boyfriend, if not is there somebody you could introduce her to.

As an aside your numbers do not add up, your wife has had custody of her since she was 6, now 16, but must have been in the US for at least 3 years to obtain citizenship. So how old is she?

My guess is OP is also counting the years his wife was here in US and girl in home country as his wife having the custody of the child.

OP is not understanding the letter from childs parents handing the custody to OP's wife does not mean anything from immigration stand point.

Edited March 5, 2013 by Harsh_77

[Boiler 46,130]

So his wife had physical custody for 7 years and relinquished it 3 years ago to someone else.

Not that it really matters from an immigration perspective.