Adopted Wife's Niece, what's next?

[calibob 73]

Philippine law states that the adoption begins when the decree was entered, which was 2 months prior to her 16th birthday. The statutes read that my wife only needs 2 years legal and physical custody , which she has had. This is where a US lawyer will be worked with as we are in a gray area. "we" as a married couple will have had legal custody of the child, and during the college years she will be doing we will have had 4 more years of legal custody. We will start a I130 to bring her over when directed by our lawyer. This isn't a cut and dried case but rather is open to interpretation.

Bob

[Boiler 46,130]

You must file an orphan petition before the child’s 16th birthday, or before the child’s 18th birthday if the child is a birth sibling of another child whom you have also adopted and who immigrated (or will immigrate).

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=474fb881905b3210VgnVCM100000b92ca60aRCRD&vgnextchannel=474fb881905b3210VgnVCM100000b92ca60aRCRD

I was just wondering if you have had the Home Study done?

[calibob 73]

It's being done as we speak. All part of the adoption process in the Philippines. We'll then petition her using I130.

Bob

[PINAY_BB 0]

hello everyone! i don't know if i am posting on the right thread but i found some interesting forum that everyone one want to read. the guy had bring his adopted kids in the USA through local/domestic/private adoption in Philippines.

http://forums.adoption.com/general-asian-adoption/388398-private-adoption-philippines.html

i hope this will help.

[belinda63 3,047]

Requirements: The parent adopted the child before his or her 16th birthday (or before the 18th birthday under certain circumstances as described below). You submit evidence of a full and final adoption

AND

The parent had legal and physical custody of the child for at least two years while the child was a minor

• The legal custody must have been the result of a formal grant of custody from a court or other governmental entity Did the Court grant your wife legal custody of the child prior to her obtaining the age of 16? If not, she has not met the legal custody requirement.
• The custody and residence requirement may be met by custody and residence that preceded the adoption

[belinda63 3,047]

The validity of the adoption under the relevant law does not establish, however, that the child was adopted “while under the age of sixteen” (or 18

, as appropriate) for purposes of INA section101(b)(1)(E).

To meet the age requirement, the court or administrative body must have actually granted the adoption before the adoptee’s 16th (or 18th

) birthday. See Matter of Cariaga,15 I&N Dec. 716 (BIA 1976);cf.Mathews v. USCIS,2012 WL 555665 (11 th Cir. 2012). District court decisions refusing to defer to Matter of Cariaga are not binding precedents. Matter of K-S-,20 I&N Dec. 715 (BIA 1992). USCIS adjudicators are legally obligated to follow

Matter of Cariaga. 8 CFR 1003.1(g).