Adoption under process

[Justin Case 3]

I have a niece who is 16 years old when I start the adoption process. I am now engaged to a US cetizen, question is: is there any chance I can bring her with me to US after getting married and move to US? I had her since she was a baby and she is the reason too why I am working abroad, I am from the Philippines. Any advice would be highly appreciated. Thanks

[Pheebs1201 269]

She should be included in the i129-f petition and be issued with a K2 visa I believe. Have you begun the visa process yet? If not, I'd be tempted to hold off until after the adoption is finalised.

I am sure there are people with more experience/insight on the matter, that would just be my initial thoughts. I think she needs to be under 18 to come with you but some people say under 21.

[Justin Case 3]

No! We haven't started on my visa yet. As I was hoping to get her with me after the adoption. However, I wan to ask for some advice towards this issue to know/ have idea how this would be. Thank you

[Pheebs1201 269]

A similar question was asked quite some time ago here: http://www.visajourney.com/forums/topic/273698-i-129f-petitioning-fiances-adopted-child-question/

[Hypnos 6,576]

Are the child's natural parents still alive?

[Justin Case 3]

Are the child's natural parents still alive?

Hynos, Yes! But my sister didn't really look after her since she was baby, she just left her to me and my parents and she has her own family now, the father never show up anonymous technically.

[Hypnos 6,576]

Then unfortunately you may have difficulties in obtaining a visa for the child.

[Justin Case 3]

Then unfortunately you may have difficulties in obtaining a visa for the child.

Even though she is totally abandoned by her parents?

[NigeriaorBust 4,087]

She is to old The adoption has to be finial before the child is 16 unless you are adopting siblings that are younger at the same time She will not get a visa

[Justin Case 3]

She is to old The adoption has to be finial before the child is 16 unless you are adopting siblings that are younger at the same time She will not get a visa

thanks!

[aaron2020 11,651]

Be very careful. You could end up with a legal adoption with no means to bring her to the US.

US laws requires she be adopted before age 16 in order to qualify for a visa.

http://travel.state.gov/content/adoptionsabroad/en/us-visa-for-your-child/immigrant-visa-process.html

Children being adopted abroad must be found eligible to immigrate under the U.S. Immigration and Nationality Act (INA) in order to reside in the United States. Because adoption laws vary from country to country, it is sometimes possible to adopt a child abroad who does not qualify for immigration under U.S. law; such children cannot immigrate to the United States.

Under the INA, a child who is adopted abroad while under the age of 16 and who has been in the legal custody, and has resided with, his or her adoptive parent(s) for at least two years may be the beneficiary of a U.S. Citizenship and Immigration Services (USCIS) I-130 petition (Petition for Alien Relative) and receive an immigrant visa in the IR-2 category.

[Justin Case 3]

Be very careful. You could end up with a legal adoption with no means to bring her to the US.

US laws requires she be adopted before age 16 in order to qualify for a visa.

http://travel.state.gov/content/adoptionsabroad/en/us-visa-for-your-child/immigrant-visa-process.html

Thank you! Just feeling bad thinking about leaving her behind, since I am already working abroad and by getting married that only means the chance for us to reunite would be nearly zero.

Children being adopted abroad must be found eligible to immigrate under the U.S. Immigration and Nationality Act (INA) in order to reside in the United States. Because adoption laws vary from country to country, it is sometimes possible to adopt a child abroad who does not qualify for immigration under U.S. law; such children cannot immigrate to the United States.

Under the INA, a child who is adopted abroad while under the age of 16 and who has been in the legal custody, and has resided with, his or her adoptive parent(s) for at least two years may be the beneficiary of a U.S. Citizenship and Immigration Services (USCIS) I-130 petition (Petition for Alien Relative) and receive an immigrant visa in the IR-2 category.

[Hank_ 9,174]

I have a niece who is 16 years old when I start the adoption process. I am now engaged to a US cetizen, question is: is there any chance I can bring her with me to US after getting married and move to US? I had her since she was a baby and she is the reason too why I am working abroad, I am from the Philippines. Any advice would be highly appreciated. Thanks

There is no issue adopting your niece, but you may have other issues with acquiring a visa.

Edited January 28, 2015 by Hank_

[Justin Case 3]

There is no issue adopting your niece, but you may have other issues with acquiring a visa.

Thanks Hank! Yes, I'm in the middle of it now, my lawyer said she is old enough to testify. So no issues with that. Just wanted to see if there is any chance of to bring her when I move to US.

[aaron2020 11,651]

Thanks Hank! Yes, I'm in the middle of it now, my lawyer said she is old enough to testify. So no issues with that. Just wanted to see if there is any chance of to bring her when I move to US.

There is no chance for you to bring her to the US.

Under US laws, an immigration visa can not be granted to a child adopted after his/her 16th birthday (unless a qualified sibling was also adopted).

No exceptions will be made.

You will end up with a legal adoption and no means to bring her to the US.

Sorry.

Edited January 28, 2015 by aaron2020