Can we bring my 10yo sister in law to the USA?

[TVC 244]

My wife is from the Philippines. We filed a i-130 for her visa in December. My wife's family is very poor. Her father makes $6 a day working 10 hours which is less than minimum wage but it's the only job he can find. They live in a terrible shack that is falling down. Its dangerous really.

 

My wife's 10yo sister has been living at our apartment with us since this fall. My wife's mother likes this situation better because she says she cannot take care of the little girl. We asked my wife's mother if we could bring the 10yo with us to the USA. She loves the idea. She said she will give us custody. The problem is it appears in the Philippines a parent cannot give up custody of her children.

 

How can me and my wife bring her little sister with us to the USA?

Edited April 17, 2020 by TVC

[payxibka 10,045]

5 minutes ago, TVC said:

My wife is from the Philippines. We filed a i-130 for her visa in December. My wife's family is very poor. Her father makes $6 a day working 10 hours which is less than minimum wage but it's the only job he can find. They live in a terrible shack that is falling down. Its dangerous really.

 

My wife's 10yo sister has been living at our apartment with us since this fall. My wife's mother likes this situation better because she says she cannot take care of the little girl. We asked my wife's mother if we could bring the 10yo with us to the USA. She loves the idea. She said she will give us custody. The problem is it appears in the Philippines a parent cannot give up custody of her children.

 

How can me and my wife bring her little sister with us to the USA?

No easy solution.   After she gets her citizenship she can petition for her sister and a visa number will be available in about 25 years.  

[TVC 244]

1 minute ago, payxibka said:

No easy solution.   After she gets her citizenship she can petition for her sister and a visa number will be available in about 25 years.  

You've gotta be kidding me. My mother in law wants us to take her. She is my wife's sister but really she has become almost more like a daughter to us. There has to be a way!

[payxibka 10,045]

Just now, TVC said:

You've gotta be kidding me. My mother in law wants us to take her. She is my wife's sister but really she has become almost more like a daughter to us. There has to be a way!

Wish I was.   Only USCs can petition for a sibling and they are subject to annual quotas.  For the Philippines they are processing petitions now from 1998 because Philippines is over subscribed.

[TVC 244]

Just now, payxibka said:

Wish I was.   Only USCs can petition for a sibling and they are subject to annual quotas.  For the Philippines they are processing petitions now from 1998 because Philippines is over subscribed.

Isn't there a way we can adopt her somehow and then petition for our child as that is what she would then legally be?

[Cyberfx1024 7,980]

1 minute ago, TVC said:

Isn't there a way we can adopt her somehow and then petition for our child as that is what she would then legally be?

There is a way but it isn't fast or cheap. The big question is if the child's nanay still alive?

[TVC 244]

Just now, Cyberfx1024 said:

There is a way but it isn't fast or cheap. The big question is if the child's nanay still alive?

Her mother and father are alive. My wife's parents. By nanay do you mean godmother? I will ask my wife.

 

Please tell us how to do this.

[payxibka 10,045]

6 minutes ago, TVC said:

Isn't there a way we can adopt her somehow and then petition for our child as that is what she would then legally be?

Adoption for immigration purposes is very problematic.   You said yourself that Philippines will not allow her parents to give you custody.   Adoption is exactly that, a granting of custody. 

Edited April 17, 2020 by payxibka

[Cyberfx1024 7,980]

Just now, TVC said:

Her mother and father are alive. My wife's parents. By nanay do you mean godmother? I will ask my wife.

 

Please tell us how to do this.

Nanay is mother in Tagalog, Lola means Grandmother. 

 

Sorry I read that wrong... I was thinking your wife's niece... sorry... 

[TVC 244]

4 minutes ago, Cyberfx1024 said:

Nanay is mother in Tagalog, Lola means Grandmother. 

 

Sorry I read that wrong... I was thinking your wife's niece... sorry... 

My wife laughed at me. I was thinking of ninang. Luckily my wife speaks great English because I dont speak tagalog at all.

 

Anyway is there no way for my wife to adopt her 10yo little sister if the parents are totally willing?

Edited April 17, 2020 by TVC

[payxibka 10,045]

Who May Be Adopted?

The Immigration and Nationality Act, section 101(b)(1)(G), in part, defines "child" as:

• The child is under the age of 16 on the filing date of the petition (but see specific country requirements below).
• The child habitually resides in a Convention country.
• The U.S. citizen habitually resides in the U.S. and either adopts child in a Convention country or brings the child to a Convention country for adoption.
• Adoption abroad or custody abroad for U.S. adoption must be by the U.S. citizen and spouse jointly, or an unmarried U.S. citizen at least 25 years old as of the filing date of the petition (but see specific country requirements below).
• The child's natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death, disappearance, abandonment, or desertion by the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child and to the child's emigration and adoption.
• If a child has two living natural parents, the natural parents are incapable of providing proper care for the child.
• The purpose of the adoption is to form a bona fide parent-child relationship; the child's relationship with the natural parents has been terminated.
• In the case of a child who has not been adopted, the prospective adoptive parents must ensure that: (i) the competent authority of the foreign state has approved the child's emigration to the United States for the purpose of adoption, (ii) the prospective adoptive parents have complied with the pre-adoption requirements of the child's proposed residence, if any, and (iii) no natural parent or prior adoptive parent of the child retains, by virtue of such parentage, any right, privilege, or status in connection with the child.
• Release must be freely given and verified by the Central Authority of the child's country.

[Cyberfx1024 7,980]

10 minutes ago, TVC said:

My wife laughed at me. I was thinking of ninang. Luckily my wife speaks great English because I dont speak tagalog at all.

 

Anyway is there no way for my wife to adopt her 10yo little sister if the parents are totally willing?

Like I said it is not a cheap or short process at all. It will take at least 2-3 years. 

https://www.ustraveldocs.com/ph/ph-iv-adoption.asp#procedures

 

[SalishSea 17,797]

28 minutes ago, TVC said:

Isn't there a way we can adopt her somehow and then petition for our child as that is what she would then legally be?

Extremely complicated.  Adoptions for the purpose of immigration are heavily scrutinized, for obvious reasons.

Edited April 17, 2020 by Jorgedig

[JFH 12,190]

59 minutes ago, TVC said:

You've gotta be kidding me. My mother in law wants us to take her. She is my wife's sister but really she has become almost more like a daughter to us. There has to be a way!

That’s why adoption of siblings is a very complex matter - people want to use this to bypass the long waits for F4 sibling visas. Proving that her parents are unable to care for her is a huge hurdle. Merely being poor isn’t sufficient. The parents would have to be serving a long prison sentence or be completely incapacitated either mentally or physically for that criteria to be satisfied. 
 

There is, of course, nothing to stop you sending money to the family to improve their quality of life. 

Edited April 17, 2020 by JFH

[TVC 244]

I hate the people who talk about immigrants in the USA and say "Well they should come here legally!"

 

If they knew how hard it was to even bring your own wife. And bringing other family members is impossible I guess.

 

The USA need serious immigration reform. It should be free and fast to bring your wife and children.