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Posted

My wife is from the Philippines and as been in the US for over 4 years.  She is already as US Citizen.  My wife's birth mother died when my wife was 6 months old.  Her father died when she was 3 or 4 years old.  She has seven older siblings and all of them, my wife included were basically sent to family members all over the Philippines just before the father died.  My wife's cousin and her husband (Uncle-in-law?) took her in.  To make a long story short they were dirt poor and never had the money to go to my wife's birth home in the province to get her a birth certificate, let alone enough money to officially adopt her.  They raised her from the age of 3 until I met her when she was nineteen.  My wife's last name is of course different.  My wife is now 23 years old.  As far as I have been able to tell is it true that there is NO CHANCE of ever bringing her "mother or father" here to live in the US?  Is it too late for her aunt and uncle to adopt her?  I'm afraid I know the answer already but am hoping I am wrong.  Any help would be greatly appreciated.  Aloha from Hawaii,  David

Filed: Citizen (apr) Country: Hong Kong
Timeline
Posted
9 minutes ago, David & Zoila said:

My wife is from the Philippines and as been in the US for over 4 years.  She is already as US Citizen.  My wife's birth mother died when my wife was 6 months old.  Her father died when she was 3 or 4 years old.  She has seven older siblings and all of them, my wife included were basically sent to family members all over the Philippines just before the father died.  My wife's cousin and her husband (Uncle-in-law?) took her in.  To make a long story short they were dirt poor and never had the money to go to my wife's birth home in the province to get her a birth certificate, let alone enough money to officially adopt her.  They raised her from the age of 3 until I met her when she was nineteen.  My wife's last name is of course different.  My wife is now 23 years old.  As far as I have been able to tell is it true that there is NO CHANCE of ever bringing her "mother or father" here to live in the US?  Is it too late for her aunt and uncle to adopt her?  I'm afraid I know the answer already but am hoping I am wrong.  Any help would be greatly appreciated.  Aloha from Hawaii,  David

you have the answer.

Filed: Country:
Timeline
Posted (edited)

There's no legal relationship between your wife and her caregivers, thus there's no basis for an immigrant visa petition. 

 

She's too old to be adopted and create a petitionable relationship under US immigration law. Not sure what the law is in Phills.

Edited by ConOfficer
Filed: Citizen (apr) Country: Hong Kong
Timeline
Posted
3 minutes ago, David & Zoila said:

That's what I was afraid of.  Thanks

But again, think about it. what are they going to do once they arrived in the States?  

It may not be the worst case outcome for them. 

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

You can not sponsor a Cousin.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

She is not her mother. She is her cousin.

 

Think about it for a second... if it was possible to do what you are asking to do then half the world would be "changing" the relationship of their relatives to suit the guidelines to petition relatives.

 

Same thing with adoption. USCIS is more strict with adoption than probably anything else. Per their guidelines the adoption must have been completed prior to the child turning 16 years of age. Again, if it was possible otherwise, you'd have 30 and 40 year olds getting adopted just so they can immigrate.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted
14 hours ago, NuestraUnion said:

1.) She is not her mother. She is her cousin.

 

2.) Think about it for a second... if it was possible to do what you are asking to do then half the world would be "changing" the relationship of their relatives to suit the guidelines to petition relatives.

 

3. Same thing with adoption. USCIS is more strict with adoption than probably anything else. Per their guidelines the adoption must have been completed prior to the child turning 16 years of age. Again, if it was possible otherwise, you'd have 30 and 40 year olds getting adopted just so they can immigrate.

1.) Yeah I know that.  I made that very clear in my original post.  While she was raised by this cousin for 16 years (after her parents both died tragically) I know she was not adopted...I thought that was very clear.  For you to tell me that after reading my post is insulting and condescending.

 

2.) I have been a VJ member for several years now.  You make it sound like I am trying to "scam" the system.  That is not and never has been my plan.  When you write "changing the relationship" you are insinuating that we are attempting to pull a fast one...we are not.  I was just asking a simple question hoping that I would learn something new but expecting that what I already knew was correct.

 

3.)  Again, you seem to insinuate that we are trying to scam the system.  You could not be more wrong.  It's just sad that she was never adopted.  But when you live in a squatter situation there are no trips to other islands to get documents.  Your 10 by 12 foot "house" has a dirt floor.  You have no running water...  My wife never had a birth certificate until after I met her.  There was no way her family could have afforded to fly back and forth three times to her birthplace to get her birth certificate.  They could not adopt her because they had no birth certificate.  It was an excellent day for them when they got to eat more than one meal a day of rice and maybe some dried fish if they were lucky.  Perhaps you have never visited the slums in Cebu City.  If you had you would not have been so rude in your approach and response to my post.

 

Aloha

 

Filed: Other Timeline
Posted

David,

 

 You should realize that there are many trying to scam the US immigration system. This is not the case for you.

 

VJ is to be applauded that its posters are the most ethical I have found on immigration forums i follow. When I refer people her, I am confident that the advice they receive is thorough and responsible. People get cynical and short tempered because of their experiences with others who want to go around the system when there are so many waiting patiently in ever lengthening lines for permission to immigrate to the US.  Please do not judge a poster harshly; they may have just dealt with a scammer.

 

I understand your frustration. I too cannot sponsor a relative wishing to immigrate because they do not have a close enough relationship and those that might have been able to do so are now dead.

Filed: K-1 Visa Country: Wales
Timeline
Posted
24 minutes ago, CEE53147 said:

It sounds like monetary gifts from the US will do much to make their lives better. Your wife should feel good that you and she can make that happen.

Will have a much bigger impact than anything here.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
20 minutes ago, CEE53147 said:

David,

 

 You should realize that there are many trying to scam the US immigration system. This is not the case for you.

 

VJ is to be applauded that its posters are the most ethical I have found on immigration forums i follow. When I refer people her, I am confident that the advice they receive is thorough and responsible. People get cynical and short tempered because of their experiences with others who want to go around the system when there are so many waiting patiently in ever lengthening lines for permission to immigrate to the US.  Please do not judge a poster harshly; they may have just dealt with a scammer.

 

I understand your frustration. I too cannot sponsor a relative wishing to immigrate because they do not have a close enough relationship and those that might have been able to do so are now dead.

Thank you for your understanding and kind words. 

Posted

Was not insinuating you were trying to scam the system. Was only describing why certain strict policies are in place.

 

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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