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Filed: K-1 Visa Country: Philippines
Timeline
Posted
You can not file for a Niece to move to the USA... the only visa she could get would be a visitors visa or if she is old enough a student visa but these would not allow her to remain in the US....

Kez

thanks for the response!!!! i had a questions again what if my husband adopted my niece could it be possible and what my niece type of visa we file or we do?

Filed: Timeline
Posted

Sorry I dont know anything about adoption from the Philippines... but I do know that to be able to file an I-130 for an adopted child the child has to have been in the legal custody of the USC for more than 2 years, so unless your husband is going to move to her country and get legal custody and then adopt her I dont think it can be done....

Have a read of the instruction for the I-130 it clearly states who you can and can not file for...

http://www.uscis.gov/files/form/I-130instr.pdf

Kez

Posted (edited)

Your US citizen husband should legally adopt your niece for you to be able to bring her/his to US. I think it will undergo a court hearing. Better consult a lawyer for the adoption process.

hello im here again asking a question if my niece will not be possible to get here at the states what if my husband US citizen wants to adopted my niece what will we do to get a visa for here or any application form?
Edited by AUREA
Posted
thanks for the response!!!! i had a questions again what if my husband adopted my niece could it be possible and what my niece type of visa we file or we do?

You can't use an adoption to circumvent the immigrations laws. In order to file for her as an adopted child, she would have had to live with your husband as an adopted minor child for 2 years prior to filing a petition.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Posted
hello im here again asking a question if my niece will not be possible to get here at the states what if my husband US citizen wants to adopted my niece what will we do to get a visa for here or any application form?

As Kez said, your husband should have the custody of the child 2 yrs before you could file petition for adopted child. And it means he should be in Phils to accummulate that 2 years in his custody because the child won't be able to come to the US to be with him in 2 yrs time because no visa available for the child prior to the petition. And since your husband is not a resident in Phils, he need to hire an agency for adoption and court hearing should commence where the child is. And thats the only time he could apply for the petition of the child if he got the adoption decree settled.

You post too much though .... is it the niece or your sister you want to petition?

anyway... about your sister, you are the only one who could petition her because you are the relative but you could only do that not until you are a US citizen already. And as i've heard petition for siblings takes 10-21 years or more for results of the visa...it still depends.

goodluck!

07-13-06 - K1/K2 AOS/EAD sent

11-04-06 - 2 NOA's transfer to CSC

11-17-06 - "K1 APPROVED AOS" no interview

11-27-06 - "K1 - GREENCARD" rcvd.

01-23-07 - K2 GREENCARD rcvd.

08-20-08 - I-751 sent to Texas Service Center, transfer to VSC

08-26-08 - I-751 NOA1 & 1yr. Extension letter

09-18-08 - I-751 NOA2 - Biometrics Appointment Notice

03-11-09 - I-751 transfer from VSC to CSC!

05-13-09 - I-751 APPROVED

06-24-09 - card production ordered

08-20-09 - N400 - Citizenship Application

08-24-09 - NOA notice date

08-28-09 - NOA in mailbox

09-10-09 - email asking for more evidence

09-14-09 - Biometrics NOA date

09-18-09 - Biometrics Letter arrived in mailbox

10-09-09 - Biometrics Schedule

10-14-09 - Notice date of the yellow letter

10-30-09 - touched online for "testing & interview"

11-03-09 - IL received in mailbox

12-07-09 - "PASSED" Interview & it's my Hubby Bday too!

04-17-10 - Oath letter received in mailbox

05-14-10 - Judicial Oath atlast! in Atl

110 days - Application to Interview

158 days - Interview to Judicial Oath

268 days - Total processing days for my N400

 
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