Bring niece to US? I'm listed as her dad on the birth certificate (local Ecuador law). Possible I130?

[Boiler 45,958]

Just look up local international adoption agencies, but that is a wild goose chase as you want the child to visit.

[igoyougoduke 1,675]

2 hours ago, EDreNYC said:

I have a niece who resides in Ecuador with my sister in law. The child was born out of wedlock, the biological father has been non-existent. Me and wife reside in the states, we have come to care for the child. For social reasons in Ecuador it is frown upon a child to have only the mother's last name, me and my wife agreed that I would do a "voluntary recognition". Meaning in my niece's birth certificate I appear as the father. My wife and I would like for our niece to be able to migrate to the states to spend time with us. I have contacted many lawyers in the US but no one wants to take on the case or even knows what to do. Some recommended we go through the adoption path, however in speaking to an Ecuadorian attorney, they mentioned this is non-sense. Since under Ecuadorian law, I am the father to my niece, therefore I can't adopt a child which under local law is already mines. Is there any path which can be taken to obtain a citizenship or green card for my niece? So far we have looked into the below options but seem very lost.

 

CRBA - Nope, since there is no biological relationship and would possibly ask for a DNA test.

I130- Seems like a possibility but some lawyers advised against it since it also requires a biological relationship?

N600 & N600k Completely clueless to these paths. 

 

Thanks in advance!

 

under Ecuadorian law, I am the father to my niece - Yeah nice try but no one is going to buy that part. you either adopt or not.. 

 

you cannot sponsor if the child is not your biologically or adopted. what exactly do you accomplish from this ?

[EDreNYC 3]

9 minutes ago, igoyougoduke said:

under Ecuadorian law, I am the father to my niece - Yeah nice try but no one is going to buy that part. you either adopt or not.. 

 

you cannot sponsor if the child is not your biologically or adopted. what exactly do you accomplish from this ?

The child will be 5 years old soon. In Ecuador to enroll the child in pre k, they ask for a birth certificate. My niece had none, my wife, sis in law and I agreed to give her my last name via a voluntary acknowledgement of paternity(Pretty common in Ecuador). The primary goal was not to immigrate to the US as the child still lives with her mother in Ecuador. Since we spend 6 months out of the year down there, me and my wife wanted to explore the option of having the child come over for visits. 

[Boiler 45,958]

Apply for a visitor visa, most of the comments so far assumed you were looking for her to immigrate

[Coco8 1,042]

Is this all because she doesn't have a double last name and would face bullying in school? This seems a bit much.

 

In the same line, how would having a second last name from someone who is not the father and is married to her aunt be any better? 

 

You can do whatever you want in Ecuador, but formally adopting her in the US is going to be very difficult, particularly if she is not going to be moving to the US. Why go through all the trouble if you just want the child to visit during holidays? Visiting would already be fine since she has an aunt she can visit. The difficult part is getting a visitor visa because the mom would have to also qualify for one (I don't see how a kid could apply for a visitor visa alone, since at that age they don't even get an interview, the parent has the interview). 

[EDreNYC 3]

28 minutes ago, Coco8 said:

Is this all because she doesn't have a double last name and would face bullying in school? This seems a bit much.

 

In the same line, how would having a second last name from someone who is not the father and is married to her aunt be any better? 

 

 

Bingo!!!!!!

 

The child would've had the same 2 last names as the mother. Therefore in front of society it would appear as the child was her sister rather then her daughter. Having my last name and the mother's is a whole lot better than having the same 2 last names as the mom. Unless the mother or someone close announces it no one knows I am not the father. I believe this is the same reasoning why Ecuadorian law allows any male to go to the registry and voluntarily acknowledges the child as their own. Biological relationship doesn't matter.

Edited December 1, 2021 by EDreNYC

[aaron2020 11,651]

A visitor visa application listing the OP as the father would be considered fraud.  That will create problems.  

There is a good reason why no attorney will touch this. 

[Rocio0010 5,616]

What’s your current status in the US?

[Rocio0010 5,616]

Are you a USC? 
what’s your wife’s status? Did she adjust status through you? 
when did the “adoption” thing happened? Before or after she AOSed?

[EDreNYC 3]

1 minute ago, ra0010 said:

Are you a USC? 
what’s your wife’s status? Did she adjust status through you? 
when did the “adoption” thing happened? Before or after she AOSed?

I'm a USC, my wife is a USC since 2020, we did K1 back in 2008. "Adoption" happened back in 2020.

[Rocio0010 5,616]

3 minutes ago, EDreNYC said:

I'm a USC, my wife is a USC since 2020, we did K1 back in 2008. "Adoption" happened back in 2020.

When she applied for naturalization, did she list the child?

[EDreNYC 3]

4 minutes ago, ra0010 said:

When she applied for naturalization, did she list the child?

No, she only listed our own child.

[Rocio0010 5,616]

9 minutes ago, EDreNYC said:

No, she only listed our own child.

Ooops, might even be a little bit more complicated for your wife.  
Read the instructions for N400: 

 

Indicate your total number of children. Count all of your children, regardless of whether they are alive, missing, deceased; born in other countries or in the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.
Item Number 2. Provide information about all your children listed in Item Number 1., regardless of age. If needed, use a separate sheet of paper to provide the information requested. Provide the following information for each child including the child’s current legal name; A-Number (if applicable); date of birth; country of birth (type or print the name of the country at the time of your child’s birth, even if the name changed); relationship to you (for example, biological child, stepchild, legally adopted child); and current address.
1. If your son or daughter is living with you, type or print “Child Residing With Me” in the space provided for the child’s address;
2. If your son or daughter is not living with you, type or print the address where your child resides; or
3. If your son or daughter is missing or deceased, type or print “Child Missing” or “Child Deceased” in the space
provided for the address.

 

She’s your daughter for the law in Ecuador. Even though she’s not for the US, your wife knew of this “adoption” and failed to disclose it in the n400. See how trying to do anything with regards to bringing the child to the US could backfire ?

[EDreNYC 3]

4 minutes ago, ra0010 said:

Ooops, might even be a little bit more complicated for your wife.  
Read the instructions for N400: 

 

Indicate your total number of children. Count all of your children, regardless of whether they are alive, missing, deceased; born in other countries or in the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.
Item Number 2. Provide information about all your children listed in Item Number 1., regardless of age. If needed, use a separate sheet of paper to provide the information requested. Provide the following information for each child including the child’s current legal name; A-Number (if applicable); date of birth; country of birth (type or print the name of the country at the time of your child’s birth, even if the name changed); relationship to you (for example, biological child, stepchild, legally adopted child); and current address.
1. If your son or daughter is living with you, type or print “Child Residing With Me” in the space provided for the child’s address;
2. If your son or daughter is not living with you, type or print the address where your child resides; or
3. If your son or daughter is missing or deceased, type or print “Child Missing” or “Child Deceased” in the space
provided for the address.

 

She’s your daughter for the law in Ecuador. Even though she’s not for the US, your wife knew of this “adoption” and failed to disclose it in the n400. See how trying to do anything with regards to bringing the child to the US could backfire ?

I don't follow, the "adoption" happened after my wife's N400 and way after our marriage. My wife's n400 was submitted back in 2019, therefore I don't see how this applies?

Edited December 1, 2021 by EDreNYC

[Rocio0010 5,616]

4 minutes ago, EDreNYC said:

I don't follow, the "adoption" happened after my wife's N400 and way after our marriage. My wife's n400 was submitted back in 2019, therefore I don't see how this applies?

You said your wife became a USC in 2020. So did she apply in 2019 and then had the interview in 2020? Did the “adoption” happen before or after the interview? Because to my knowledge during the N400 they go through the questions again… if she did not disclose the child, it might be a problem. However, I am not sure it would be considered misrepresentation because it wouldn’t have changed the outcome of the decision. I am just thinking of possible ramifications.

8 minutes ago, EDreNYC said:

after our marriage

The date of your marriage is irrelevant.