i need some help or idea

[babykim 0]

hello everyone,

i just want to ask and know what i can do to bring my niece in US.here's the story i have a 6 years old niece and i want to bring here in US but i dont know what i gonna do or what kind of visa i can apply for her.anyway she my sister daugther but on her birth cetificate shes our sister because her mother and father is our father and mother too on her birth,so shes our sister on her birth certificate.me and my husband want to bring her in US but the problem we dont know how can we bring her here.

the quistion is:

Can my husband possible to get her a visa?and what kind of visa?

And how about we change her birth certificate and put there my name as her mother so i can easy bring her,is that possible?well i just want some idea how can i bring my niece here in US.

i appreciate to all ur rply..thanks again

[one...two...tree 2,762]

Only a US citizen can petition immediate family (parents, siblings, children). Even if you had your citizenship for US, you would not be able to petition her unless you legally adopted her. I'm not sure on the requirements for that though. You should check with the immigration website or consult an immigration lawyer.

Edited January 10, 2010 by Galt's gallstones

[Anh map 2,098]

So you are asking how much fraud is too much?

Did you list your future miracle child as your on any of the documentation presented up to this point? How will you explain suddenly being a mother?

How much do you want to put your ability to stay in the US at risk?

It is against the VJ TOS to give advice on how to commit visa fraud.

[BRB 6]

When you filled out the paperwork for your current visa you did not list her as your daughter did you? I would not suggest you change a birth certificate. DNA testing is sometimes required to show proof that someone is your daughter. I don't think you can bring a 6 year old into the US that is not your child. If you try to do it by doing something that is against the law you may find yourself putting your own visa status at risk. It may be possible for you to adopt her and then you could bring her into the US legally.

Maybe some other people can give you some advice that may help.

[babykim 0]

is it possible i can adopt her even if on her birth shes my sister?and my husband is a US Citizen can he possible get her a visa?

[babykim 0]

Only a US citizen can petition immediate family (parents, siblings, children). Even if you had your citizenship for US, you would not be able to petition her unless you legally adopted her. I'm not sure on the requirements for that though. You should check with the immigration website or consult an immigration lawyer.

thanks for rply i appreciate it

[Kathryn41 3,205]

Duplicate thread moved from Philippines forum to here and merged with existing thread. It is not necessary to post the same topic in more than one forum.

Also - an important issue for the OP: changing a birth certificate to reflect inaccurate information in order to gain an immigration benefit is considered misrepresentation and could earn you deportation plus a lifetime ban from the US.

[HeatDeath 430]

There is only one circumstance I can think of in which it is legitimate for a birth certificate to not reflect the biological realities of the child's birth, and that is if the child has been legally adopted.

If this is the case, and the child is legally your adopted sibling, it will be possible to petition for the child as an unwed sibling. This will not work very well for a couple of reasons. The first is that (I believe, but am not quite sure) you have to be a US citizen to petition for a sibling. Looking at your timeline, it will be another three years before you can become a citizen, and do that.

Furthermore, once you petition (whether now or three years from now) the wait time for sibling petitions for Phillipinos is over twenty years at the moment. Siblings are a very low preference class (fourth?), so virtually EVERYBODY jumps the line ahead of them.

If, by "change her birth certificate and put my name there as mother" you mean do an overseas adoption, legally adopting this child as you and your USC husband's own, then yes, that would work, and would likely be the only way you could get a visa for this child in any reasonable timeframe.

If none of this is the case, and the child's birth certificate has been fraudulently modified and/or the records have been fraudulently altered, you have a much bigger problem. ANY attempt to apply for any kind of visa for the child will be denied outright if either USCIS or the Department of State so much as suspect that the birth certificate is fraudulent. That would be material misrepresentation and would carry with it (in all likelihood) a lifetime ban for the child. You could also get yourself in serious trouble (even though you already have your green card) if you are party or accessory to someone else's immigration fraud. Don't do it.

If the birth certificate has already been fraudulently modified, further fraudulent modifications (putting yourself as mother, for example) would only get you in even more trouble, and would not help the child. Don't even think about doing that.

If the birth certificate is currently false, your first and only priority is to get that fixed. NO immigration process, including overseas adoption, will work until that birth certificate is solid. It is your foundation. If it is true, you can build on it. If it is false, then trying to do anything with it is like building a house on a foundation of sand: it could all come crashing down at any moment.

To sum up, I think the only realistic way to get that child over here anytime soon is doing an overseas adoption. And that is a long, difficult process I know next to nothing about. And even that is predicated on the birth certificate being accurate to start with.

You have a very long road ahead of you, and I wish you the best of luck.

[babykim 0]

There is only one circumstance I can think of in which it is legitimate for a birth certificate to not reflect the biological realities of the child's birth, and that is if the child has been legally adopted.

If this is the case, and the child is legally your adopted sibling, it will be possible to petition for the child as an unwed sibling. This will not work very well for a couple of reasons. The first is that (I believe, but am not quite sure) you have to be a US citizen to petition for a sibling. Looking at your timeline, it will be another three years before you can become a citizen, and do that.

Furthermore, once you petition (whether now or three years from now) the wait time for sibling petitions for Phillipinos is over twenty years at the moment. Siblings are a very low preference class (fourth?), so virtually EVERYBODY jumps the line ahead of them.

If, by "change her birth certificate and put my name there as mother" you mean do an overseas adoption, legally adopting this child as you and your USC husband's own, then yes, that would work, and would likely be the only way you could get a visa for this child in any reasonable timeframe.

If none of this is the case, and the child's birth certificate has been fraudulently modified and/or the records have been fraudulently altered, you have a much bigger problem. ANY attempt to apply for any kind of visa for the child will be denied outright if either USCIS or the Department of State so much as suspect that the birth certificate is fraudulent. That would be material misrepresentation and would carry with it (in all likelihood) a lifetime ban for the child. You could also get yourself in serious trouble (even though you already have your green card) if you are party or accessory to someone else's immigration fraud. Don't do it.

If the birth certificate has already been fraudulently modified, further fraudulent modifications (putting yourself as mother, for example) would only get you in even more trouble, and would not help the child. Don't even think about doing that.

If the birth certificate is currently false, your first and only priority is to get that fixed. NO immigration process, including overseas adoption, will work until that birth certificate is solid. It is your foundation. If it is true, you can build on it. If it is false, then trying to do anything with it is like building a house on a foundation of sand: it could all come crashing down at any moment.

To sum up, I think the only realistic way to get that child over here anytime soon is doing an overseas adoption. And that is a long, difficult process I know next to nothing about. And even that is predicated on the birth certificate being accurate to start with.

You have a very long road ahead of you, and I wish you the best of luck.

thanks for ur clear information i appreciate it a lot..now i can think straight on everything on my plan..thanks

[Penguin_ie 5,993]

Think about what you want, ultimately, for the child. Your time and money may be better spent supporting her in the Philipines, by paying for a private school or other needs. Once she is older, you could look into a student visa (these are available for schooling- ie high schol etc- as well.

[one...two...tree 2,762]

So you are asking how much fraud is too much?

Did you list your future miracle child as your on any of the documentation presented up to this point? How will you explain suddenly being a mother?

How much do you want to put your ability to stay in the US at risk?

It is against the VJ TOS to give advice on how to commit visa fraud.

What the hell are you on about? Legally adopting her niece is not committing fraud! Good grief. If your criteria for what commits fraud includes such circumstances, then any couple here who met through an international dating site has committed fraud....according to your logic. Get a grip.

[Deputy Purple 1,294]

What the hell are you on about? Legally adopting her niece is not committing fraud! Good grief. If your criteria for what commits fraud includes such circumstances, then any couple here who met through an international dating site has committed fraud....according to your logic. Get a grip.

The OP did ask about simply changing the child's birth certificate (not saying by adopting her) which would be fraud.

I say of the parents as listed on the birth certificate would agree to her adopting the child then that is the best route but it could take a couple of years.

[JERIII 8]

If, by "change her birth certificate and put my name there as mother" you mean do an overseas adoption, legally adopting this child as you and your USC husband's own, then yes, that would work, and would likely be the only way you could get a visa for this child in any reasonable timeframe.

To sum up, I think the only realistic way to get that child over here anytime soon is doing an overseas adoption. And that is a long, difficult process I know next to nothing about. And even that is predicated on the birth certificate being accurate to start with.

You have a very long road ahead of you, and I wish you the best of luck.

It's very complicated. In particular, if the child is not a orphan, then you can't get her a greencard unless she has been your adopted child for two years, and has been residing with you for two years, if I remember correctly. The USCIS doesn't let people just "adopt" children into the country.

[HeatDeath 430]

It's very complicated. In particular, if the child is not a orphan, then you can't get her a greencard unless she has been your adopted child for two years, and has been residing with you for two years, if I remember correctly. The USCIS doesn't let people just "adopt" children into the country.

Two years of living in the Philippines beats twenty years for a sibling petition. :\ Not that that's even possible until OP gets her citizenship [living outside the US for anything like that long will void your green card. But citizenship is permanent. Once you're a citizen, you can live anywhere]. But yeah. It doesn't look good.

[aaron2020 11,651]

hello everyone,

i just want to ask and know what i can do to bring my niece in US.here's the story i have a 6 years old niece and i want to bring here in US but i dont know what i gonna do or what kind of visa i can apply for her.anyway she my sister daugther but on her birth cetificate shes our sister because her mother and father is our father and mother too on her birth,so shes our sister on her birth certificate.me and my husband want to bring her in US but the problem we dont know how can we bring her here.

the quistion is:

Can my husband possible to get her a visa?and what kind of visa?

And how about we change her birth certificate and put there my name as her mother so i can easy bring her,is that possible?well i just want some idea how can i bring my niece here in US.

i appreciate to all ur rply..thanks again

There is absolutely no legal way for you to petition for this child.

First, your husband cannot petition for her. No one can petition for an in-law.

Second, changing the child's birth certificate to show that you are the mother is ILLEGAL. It is fraud. You are looking at never ever being able to petition for any of your relatives.

Third, an adoption will not work. An adoption can be completely legal in the Philippines and not meet the requirements for a visa. The US Government is aware of people adopting family members so they can petition for them. This is not allowed. In order for the adoption to meet the requirement for a visa, the child MUST be an ORPHAN. Clearly the child is not.

There is only one circumstance I can think of in which it is legitimate for a birth certificate to not reflect the biological realities of the child's birth, and that is if the child has been legally adopted.

If this is the case, and the child is legally your adopted sibling, it will be possible to petition for the child as an unwed sibling. This will not work very well for a couple of reasons. The first is that (I believe, but am not quite sure) you have to be a US citizen to petition for a sibling. Looking at your timeline, it will be another three years before you can become a citizen, and do that.

Furthermore, once you petition (whether now or three years from now) the wait time for sibling petitions for Phillipinos is over twenty years at the moment. Siblings are a very low preference class (fourth?), so virtually EVERYBODY jumps the line ahead of them.

If, by "change her birth certificate and put my name there as mother" you mean do an overseas adoption, legally adopting this child as you and your USC husband's own, then yes, that would work, and would likely be the only way you could get a visa for this child in any reasonable timeframe.

If none of this is the case, and the child's birth certificate has been fraudulently modified and/or the records have been fraudulently altered, you have a much bigger problem. ANY attempt to apply for any kind of visa for the child will be denied outright if either USCIS or the Department of State so much as suspect that the birth certificate is fraudulent. That would be material misrepresentation and would carry with it (in all likelihood) a lifetime ban for the child. You could also get yourself in serious trouble (even though you already have your green card) if you are party or accessory to someone else's immigration fraud. Don't do it.

If the birth certificate has already been fraudulently modified, further fraudulent modifications (putting yourself as mother, for example) would only get you in even more trouble, and would not help the child. Don't even think about doing that.

If the birth certificate is currently false, your first and only priority is to get that fixed. NO immigration process, including overseas adoption, will work until that birth certificate is solid. It is your foundation. If it is true, you can build on it. If it is false, then trying to do anything with it is like building a house on a foundation of sand: it could all come crashing down at any moment.

To sum up, I think the only realistic way to get that child over here anytime soon is doing an overseas adoption. And that is a long, difficult process I know next to nothing about. And even that is predicated on the birth certificate being accurate to start with.

You have a very long road ahead of you, and I wish you the best of luck.

Adoption will not work. The child has to be an orphan. See 8 CFR 204.3