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sister4ever

American Nephew in the Philippines

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Filed: Timeline

My first cousin who's in the Philippines have a son from American man and her son is American citizen, never been to US. My cousin wants me to bring her son to live with me here in United States since the American man dont care about thier son. Is it legal for me to bring her son and live with me?

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Filed: Lift. Cond. (apr) Country: China
Timeline

Is it legal for me to bring her son and live with me?

Since her son is a US Citizen, he can come here and live with you.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Citizen (apr) Country: Australia
Timeline

My first cousin who's in the Philippines have a son from American man and her son is American citizen, never been to US. My cousin wants me to bring her son to live with me here in United States since the American man dont care about thier son. Is it legal for me to bring her son and live with me?

You cousin will need to sign something allowing the child to travel, she will also need to appoint you guardian of the child so you can make all the decisions/school etc.

The child is American so moving to the US is fine but there are legal papers she will need to sign to allow you to take proper care of the child.

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Filed: K-1 Visa Country: Philippines
Timeline

You cousin will need to sign something allowing the child to travel, she will also need to appoint you guardian of the child so you can make all the decisions/school etc.

The child is American so moving to the US is fine but there are legal papers she will need to sign to allow you to take proper care of the child.

I Agree with Vanessa and Tony. And if the chikd got the CRBA and US passport it means the child's father is written on the birth certificate, you also need to get the permission of the child's father to travel even if he says he has nothing to do with him, his permission still required.

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Filed: Citizen (apr) Country: Australia
Timeline

I Agree with Vanessa and Tony. And if the chikd got the CRBA and US passport it means the child's father is written on the birth certificate, you also need to get the permission of the child's father to travel even if he says he has nothing to do with him, his permission still required.

Exactly, once the child is in the US, Philippine law about the woman having custody doesn't matter. He could easily petition for custody of the child. The child's mother would be in the Philippines and you wouldn't have a lot of legal ground to keep the child if the biological father wanted him. Sure you could try, but unless he was found to be unfit, the father would have more rights than a cousin.
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Filed: Timeline

The father of my nephew doesn't care about his son, he sometimes gave a financial support which is 200 pesos every month rolleyes.gif . What kind of paper I should make? Is it written or there is a form that I need to fill up? And yes my nephew have US passport.

Edited by sister4ever
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  • 1 year later...

I know this was old post, but I am going back to the Philippines. I want to make the proper papers for me to take my niece. can you give me an idea or what kind of legal papers? Thank you.

You cousin will need to sign something allowing the child to travel, she will also need to appoint you guardian of the child so you can make all the decisions/school etc.

The child is American so moving to the US is fine but there are legal papers she will need to sign to allow you to take proper care of the child.


I talked to the Dad and he is okay with it. He said he will sign the papers.

I Agree with Vanessa and Tony. And if the chikd got the CRBA and US passport it means the child's father is written on the birth certificate, you also need to get the permission of the child's father to travel even if he says he has nothing to do with him, his permission still required.

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Can he still file a custody even he is in the Philippines once the kid is here in US. The American father dont wanna live here in US, that's what I heard.

Exactly, once the child is in the US, Philippine law about the woman having custody doesn't matter. He could easily petition for custody of the child. The child's mother would be in the Philippines and you wouldn't have a lot of legal ground to keep the child if the biological father wanted him. Sure you could try, but unless he was found to be unfit, the father would have more rights than a cousin.

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