Minor Child Eventual Immigration

[Mark and Sasha 0]

Hello VJers,

Myself - US Citizen

Wife - Ukrainian Citizen, permanent resident, will likely have US citizenship next year

Wife's Cousin's Daughter (1st cousin, once removed?)- Ukrainian Citizen

We have some thoughts of bringing daughter to the US when she is 11 or 12 (2016/17), but aren't even sure where to start with that. The daughter is related to my wife, but it's not exactly a "neice/aunt" relationship. Would that qualify as petitioning to bring a relative here? What legal difficulties would there be having a minor child move here? We wouldn't be adopting her, but would obviously have some type of guardianship over her.

Thanks for any thoughts on the matter!

~M & S

we posted another related issue here if any other thoughts pop-up http://www.visajourney.com/forums/topic/402932-minor-child-tourist-visa/

Edited December 5, 2012 by Mark and Sasha

[Boiler 45,693]

Student Visa.

[Harpa Timsah 13,258]

You cannot petition that person as a relative, even if you adopt her.

[Mark and Sasha 0]

Student Visa.

http://travel.state.gov/visa/temp/types/types_1269.html

This page would seem to indicate that's not legal for a child to do that. Would we have to pay for private schooling?

[Boiler 45,693]

It talks about State Schools.

You do not have to pay. Somebody has to though.

[apple21 953]

Only way I see is for your wife to legally adopt the child.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

Edited December 5, 2012 by apple21

[jaycali 415]

Hello VJers,Myself - US CitizenWife - Ukrainian Citizen, permanent resident, will likely have US citizenship next yearWife's Cousin's Daughter (1st cousin, once removed?)- Ukrainian CitizenWe have some thoughts of bringing daughter to the US when she is 11 or 12 (2016/17), but aren't even sure where to start with that. The daughter is related to my wife, but it's not exactly a "neice/aunt" relationship. Would that qualify as petitioning to bring a relative here? What legal difficulties would there be having a minor child move here? We wouldn't be adopting her, but would obviously have some type of guardianship over her. Thanks for any thoughts on the matter!~M & Swe posted another related issue here if any other thoughts pop-up http://www.visajourney.com/forums/topic/402932-minor-child-tourist-visa/

A US citizen can petition 1. their spouse, 2. their fiance(e), 3. their child, 4. their parent(s) if the USC is over 21, and/or 5. Their sibling(s).

A permanent resident can petition 1. their spouse, and/or 2. their unmarried child under 21.

There are no exceptions. Neither of you can petition her as a relative.

You cannot petition that person as a relative, even if you adopt her.

I was going to suggest legally adopting her as the only possible way for a family based petition, but I trust Harpa's comment on this (elaborate?).

I would suggest waiting about 5 more years until she is in high school. A high school exchange program (makes her eligible for J-1 visa) is an excellent way of getting acquainted with the US, and an excellent way to get "a foot inside" if she ever wants to shoot for higher education at a US college or university (makes her eligible for F-1 visa). Having a bachelor's degree from a US school allows for the graduate to then get a one year work permit called Optional Practical Training (OPT) - which again is an excellent way to get "a foot inside" the US job market for any future employer-sponsored work visa such as an H1b. Unless she's a millionaire investor or has immediate family in the US, employer based green cards are the most viable option.

Edited December 5, 2012 by Jay Jay

[apple21 953]

This is from USCIS: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

If you are the:

Adoptive parent (adoptive mother or adoptive father)

You must also submit:

Copy of child’s original birth certificate

Copy of the final adoption decree

Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree)

Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control)

[Mark and Sasha 0]

.....[edited out]......

Copy of child’s original birth certificate

Copy of the final adoption decree

Evidence that you had 2 years of legal custody (this could have been awarded by a court prior to the final adoption decree)

Evidence that you had 2 years of physical custody (this means time during which the child was living with you and you were exercising primary parental control)

Maybe I don't understand how adoption works. How is someone having legal and physical custody of a child without already adopting them? I'm pretty sure that people adopting from foreign countries don't have either of those.

I don't think adoption would be an option for the family anyway, I think too many legal issues and family issues would get in the way.

Due to a number of reasons, we'd rather her come before high school. Adoption is out, but F-1 (elementary age) and J-1 (high school age) appear to still be on the table. Is this correct?

[Mark and Sasha 0]

.....and J-1 (high school age) appear to still be on the table. Is this correct?

Nevermind, J-1 says you can't stay with relatives.

[Boiler 45,693]

J1 is a looooooong way away.

[Harpa Timsah 13,258]

The US government does not want people to "adopt" nieces nephews and cousins and the neighbor boy in order to get them to the US. Therefore, adoptions are generally not viable for immigration unless the real parents are dead. It is seen as circumventing immigration law, and circumventing the point of immigration, which is to unify (mostly nuclear) families.

[jaycali 415]

Not sure about staying with relatives on a J-1.

J1 is a looooooong way away.

My first US visa was J-1. I was 15.

Edited December 5, 2012 by Jay Jay

[Penguin_ie 5,994]

Maybe I don't understand how adoption works. How is someone having legal and physical custody of a child without already adopting them? I'm pretty sure that people adopting from foreign countries don't have either of those.

I don't think adoption would be an option for the family anyway, I think too many legal issues and family issues would get in the way.

Due to a number of reasons, we'd rather her come before high school. Adoption is out, but F-1 (elementary age) and J-1 (high school age) appear to still be on the table. Is this correct?

For the adoption to be used for immigration purposes, you'd need to move to the Ukraine and have physical custody of the child for 2 years before starting immigration proceedings so yes, it sounds that for several reason immigration/ adoption is not an option.

If you have the money to pay for school fees, F1s are fairly easy to get. Remember that even if a state school accepts her, you'd need to pay fees- usually $5000 upwards per year, often more, depending on where you live, and then of course significantly more for college, should she wish to stay past highschool. On top of that, student visas are not immigration visas- she would need to leave if you can't pay anymore/ her schooling is done/ she gets denied a renewal of her visa. This doesn;t have to stop you going that route, and if she is clever there is a possibility of a work visa after her studies, but I am mentioning it because it may be very difficult for her to adjust to live back home if she spent 5+ years as a child/ teenager in the USA.

[aaron2020 11,651]

The only way to bring the child as a relative through a family based immigration petition is adoption. There is no category to petition a cousin's child. There is a category to petition an adopted child. However, legal adoption does not equate to an automatic immigration visa. To get an immigration visa after the adoption, the adopted parent must live with the adopted child for two years before qualifying for an immigration visa. Unless you and your wife plan on living in the Ukraine for two years after adopting this child so you can bring her to the US as a relative, this plan is probably not for you.

A student visa is going to cost major bucks because someone will have to pay international student tuition. No $$$$ for tuition, then no visa.

For public school, a student visa is limited to a single year in high school. The student pays tuition from $5,000 to $10,000. No elementary, middle school, or junior high.

For private school, a student visa is available as long as the student has an I-20 from the qualified school. Tuition will be $10,000 and higher.