Bringing sister of PR to US

[mombo]

OK, so I have a question...

My husband came to the US on a K1 visa (obviously filed by me) about six or seven months ago, and how has his green card. We didn't list any children on his application. Even though he doesn't have any children of his own, we financially take care of his family (and have been doing so for about four years when I lived in his country). His younger sister is about 15 years old and just started school last year. We are paying for her school, and she started so late because the eldest sister wanted her to take care of her children instead of attend school. We would like to bring his little sister here to the US to live with us and we will homeschool her as both my husband and I have been teachers in the past. Unfortunately she doesn't fall under any visa category as she comes from a family of farmers and is uneducated.

Our idea was to formally adopt her and bring her here as our child. Is this possible? Or will USCIS see this and stamp denied automatically on our application?

Another thing to note is that my husband is from West Africa.

Thanks for your time!

[mombo]

OK, so I have a question...

My husband came to the US on a K1 visa (obviously filed by me) about six or seven months ago, and how has his green card. We didn't list any children on his application. Even though he doesn't have any children of his own, we financially take care of his family (and have been doing so for about four years when I lived in his country). His younger sister is about 15 years old and just started school last year. We are paying for her school, and she started so late because the eldest sister wanted her to take care of her children instead of attend school. We would like to bring his little sister here to the US to live with us and we will homeschool her as both my husband and I have been teachers in the past. Unfortunately she doesn't fall under any visa category as she comes from a family of farmers and is uneducated.

Our idea was to formally adopt her and bring her here as our child. Is this possible? Or will USCIS see this and stamp denied automatically on our application?

Another thing to note is that my husband is from West Africa.

Thanks for your time!

[Antifascist1]

Another thing to note is that you most likely made this story up- doesn't sound genuine.
But in any case:


A child of foreign Nationality, under certain age, can be adopted by US Citizen and acquire US Citizenship through adopting parents.
You need to know statutes and regulations governing such procedures in order to adopt a child.
It's best advised to consult and act with the assistance of the professional, licensed immigration attorney.
There are no educational requirements imposed on children that prospective US Citizen parents want to adopt.
However, your husband won't be able to adopt his younger sister as his step-daughter.

[mombo]

Thank you for your response.

The complication of the situation is why I'm needing to ask advice. I had been told that attorneys occasionally post here, so perhaps one will stop by and let me know.

If you know the West African culture, then you know the feasibility of our situation.

Unfortunately I cannot adopt her b/c the laws of Ghana state that only their citizens can adopt their children. So he, as the PR in the US, would have to adopt her. Which is why I'm curious if she would be able to come even if she is not listed on his K1 application.

Truthfully, it seems too easy this way, which is why I am thinking that USCIS would automatically deny the application.

Is there a known member of this board who is an attorney, so that I could PM them?

Thank you.

[Antifascist1]

If you seek information on International and US Laws governing adoptions you have better chances of getting it on www.immigration.com forum than here.

[wanda]

You really should speak with a licensed immigration attorney who specializes in family immigration matters.

It is my understanding that he can adopt his sister. There is no US law I know of that would not allow it. in fact, I think many immigrants do just as you are trying to do. However, I am not sure if not listing her on the K-1 is an issue or not.

You should be at least able to get an initial consultation with an attorney for not too much money.

Good luck!

[Antifascist1]

If there was time-machine in existence, could GC holder also bring back to future a grand-ma or grand-pa and adopt them as well?
Would he/she then automatically become USC (as consequence of being a grand-child of decades ago Naturalized USCs)?

[wanda]

A child must be adopted before he or she reaches the age of 18.

There is no requirement that you adopt someone who is not a blood relation to you. Perhaps you are confusing marriage with adoption.

[AliBA]

Wanda--I'm pretty sure the adoption must take place in the CHILD's homeland and is subject to its laws.

I'm also pretty sure that the adoption must take place before the child is 16. 18 applies if you're adopting the sibling of a child you've already adopted.

[AliBA]

From the USCIS website. It also sounds like the petition has to be filed by the US CITIZEN, which would complicate things because the OP says the child's home country won't allow adoption by noncitizens:

Who is Considered an Orphan?
Under U.S. immigration law, a foreign-born child is an orphan if he or she does not have any parents because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents. A foreign-born child is also an orphan if his or her sole or surviving parent is incapable of providing care of the child and has, in writing, irrevocably released the child for emigration and adoption. For such a child to gain immigration benefits, an orphan petition must be filed before his or her 16th birthday. An orphan petition may be filed before the child's 18th birthday, if the child is a natural sibling of an orphan or adopted child, and is adopted with or after that child, by the same adoptive parents.

Who is eligible to file an orphan petition?
A married U.S. citizen and spouse (no special age) or an unmarried U.S. citizen at least 25 years of age may file an orphan petition. The spouse does not need to be a U.S. citizen; however, the spouse must be here legally if living in the United States. To make the adoption process faster, you may apply for advanced processing before you actually find an orphan to adopt. An application for advance processing may be filed by anyone eligible to file an orphan petition. An unmarried U.S. citizen may file an application for advance processing if the U.S. citizen is at least 24 years of age and will be at least 25 when an orphan petition is filed on behalf of an actual child and when the child is adopted.

[wanda]

We are really talking about two different things.

As you may know, an LPR cannot file an I-130 petition for a sibling. A US Citizen can file a petition for a sibling, but the wait would be long and the husband/brother above is not a U.S. Citizen yet and that is probably years away.

First, can the sister be adopted in Ghana? I'm not sure of the laws there. That would first have to be answered. Assuming that she can be adopted by her older brother in Ghana, then she could come over as an immediate family member of the LPR-married to USC spouse.

But this is a potentially complicated case, better in the hands of a skilled attorney. If the husband has already filed for citizenship, then he would have to file for advanced parole before he leaves the country for any reason.

An adopted child wouldn't be an orphan. She would be a child (and would have to have her own USCIS paperwork filed.

[AliBA]

Wanda--The whole section I quoted from above is about international adoptions. "Orphan" refers to the USCIS's technical use of the term. In order to adopt, the child must be an "orphan" within the meaning of this section.

You're right, though--best check with a lawyer. I'm not one.