We are trying to bring a baby to the US. It is from my wifes sister.
The US Embassy in manila is a pain in the ***. What is the quickest
way we can get her here.
Money is not an issue. I am looking for any means, legal or other.
Help Please
J.
07-06-2004, 06:18 AM
In article <2jdke05d9ahi52a55fnfdok7celtcmo4ob@4ax.com>, Some Dude
<Here@there.com> writes:
We are trying to bring a baby to the US. It is from my wifes sister.The US Embassy in manila is a pain in the ***. What is the quickestway we can get her here.Money is not an issue. I am looking for any means, legal or other.Help Please
Fly to Manila. Swallow the baby whole. Come home quickly.
J.
Always Glad to Help
Reply to jmhjmd at aol.
pb...
07-06-2004, 06:51 AM
J. wrote:
In article <2jdke05d9ahi52a55fnfdok7celtcmo4ob@4ax.com>, Some Dude <Here@there.com> writes:We are trying to bring a baby to the US. It is from my wifes sister.The US Embassy in manila is a pain in the ***. What is the quickestway we can get her here.Money is not an issue. I am looking for any means, legal or other.Help Please Fly to Manila. Swallow the baby whole. Come home quickly. J. Always Glad to Help
And, as always, the very best advice! I was thinking pretty much along
those same lines, but thought the baybee might be too big for just one
parent to swallow...think the Solomon solution might do the trick..er,
get the job done? You know...two halves, right down the middle?
pb...
"It does not require a majority to prevail, but rather
an irate, tireless minority keen to set brush fires in
people's minds."
--Samuel Adams
Marley Greiner
07-06-2004, 07:54 AM
"pb..." <woodlark-99@newsguy.com> wrote in message
news:cceaht08jm@news2.newsguy.com... J. wrote: In article <2jdke05d9ahi52a55fnfdok7celtcmo4ob@4ax.com>, Some Dude <Here@there.com> writes:We are trying to bring a baby to the US. It is from my wifes sister.The US Embassy in manila is a pain in the ***. What is the quickestway we can get her here.Money is not an issue. I am looking for any means, legal or other.Help Please Fly to Manila. Swallow the baby whole. Come home quickly. J. Always Glad to Help And, as always, the very best advice! I was thinking pretty much along those same lines, but thought the baybee might be too big for just one parent to swallow...think the Solomon solution might do the trick..er, get the job done? You know...two halves, right down the middle? pb... "It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds." --Samuel Adams
Or he could wrap it in a condom and stick it up his ***, though I suspect he
might have trouble keeping it in.
Marley
Some Dude
07-06-2004, 08:20 AM
I wish it was that easy, we have flown there 8 times in the past 1.5
years.
On 06 Jul 2004 13:18:26 GMT, jmdjmh@aol.compostible (J.) wrote:
In article <2jdke05d9ahi52a55fnfdok7celtcmo4ob@4ax.com>, Some Dude<Here@there.com> writes:We are trying to bring a baby to the US. It is from my wifes sister.The US Embassy in manila is a pain in the ***. What is the quickestway we can get her here.Money is not an issue. I am looking for any means, legal or other.Help PleaseFly to Manila. Swallow the baby whole. Come home quickly.J.Always Glad to HelpReply to jmhjmd at aol.
Rupa Bose
07-06-2004, 01:02 PM
Some Dude <Here@there.com> wrote in message news:<2jdke05d9ahi52a55fnfdok7celtcmo4ob@4ax.com>... We are trying to bring a baby to the US. It is from my wifes sister. The US Embassy in manila is a pain in the ***. What is the quickest way we can get her here. Money is not an issue. I am looking for any means, legal or other. Help Please
Bring both mother and baby to the US as tourists. When the visa
expires, send them home, and have them apply for another. You can do
this indefinitely. It's pricey because of the plane tickets, but
solves the problem. When the child is of school age, it can get a
student visa. I am not sure whether public schools would accept a
non-resident kid, but private schools definitely do, and visas are
provided for international sutdents attending them.
Another possible way -- if you are trying to adopt the baby -- is to
go to the Philippines, live there and adopt the baby there, and then
return with the child. I think it takes 2-3 years. I'm not sure what
the adoption laws are in the Philippines, though.
Rupa
J.
07-06-2004, 05:51 PM
In article <e5619372.0407061202.7ccc48cc@posting.google.com>,
rkbose@pacific.net.sg (Rupa Bose) writes:
Some Dude <Here@there.com> wrote in messagenews:<2jdke05d9ahi52a55fnfdok7celtcmo4ob@4ax.com>... We are trying to bring a baby to the US. It is from my wifes sister. The US Embassy in manila is a pain in the ***. What is the quickest way we can get her here. Money is not an issue. I am looking for any means, legal or other. Help PleaseBring both mother and baby to the US as tourists. When the visaexpires, send them home, and have them apply for another. You can dothis indefinitely. It's pricey because of the plane tickets, butsolves the problem. When the child is of school age, it can get astudent visa. I am not sure whether public schools would accept anon-resident kid, but private schools definitely do, and visas areprovided for international sutdents attending them.Another possible way -- if you are trying to adopt the baby -- is togo to the Philippines, live there and adopt the baby there, and thenreturn with the child. I think it takes 2-3 years. I'm not sure whatthe adoption laws are in the Philippines, though.Rupa
Things may have changed considerably in the past decade, but when we were
applying, Phillippine law prohibited direct placement and provided that the
government matched prospective parents with children.
His biggest problem may be that US law does not permit one to adopt a person
who is not an orphan and have that person qualify for entry on the basis of the
family relationship.
J.
Reply to jmhjmd at aol.
J.
07-06-2004, 05:51 PM
But for that remark about "any means, legal or other" you might have found some
help here. As it is, I'd be more inclined to report you to the former INS.
J.
In article <ungle0t21ehi06ft38umsa5s8fjctskk47@4ax.com>, Some Dude
<Here@there.com> writes:
I wish it was that easy, we have flown there 8 times in the past 1.5years.On 06 Jul 2004 13:18:26 GMT, jmdjmh@aol.compostible (J.) wrote:In article <2jdke05d9ahi52a55fnfdok7celtcmo4ob@4ax.com>, Some Dude<Here@there.com> writes:We are trying to bring a baby to the US. It is from my wifes sister.The US Embassy in manila is a pain in the ***. What is the quickestway we can get her here.Money is not an issue. I am looking for any means, legal or other.Help PleaseFly to Manila. Swallow the baby whole. Come home quickly.J.Always Glad to HelpReply to jmhjmd at aol.
Reply to jmhjmd at aol.
Some Dude
07-06-2004, 07:48 PM
We should be finished with the adoption in about 1 month. The lawyer
says that we can take the baby to the US, but all the adoption
agencies say no. We have to do a home study, and a bunch of other
stuff.
We looked at the tourist visa thing, but it takes about 3 months, and
the mother has no money, nothing. They told my wife that she has to
be a land owner, or a business owner, or have money. I don't mind
giving her money. I don't mind flying her over her. Also, she is not
married to the guy she is living with, so they said she would have to
be married. It doesn't matter that she has 6 other children, and this
is his 22nd child. 2 of her children died because they couldn't
afford to take them to the doctor, he makes equivelent to $1.75 per
day.
I couldn't go and live over there, because I would lose an income of
about $375,000 per year. My wife has basically been there since the
baby was born.
The most frustrating part is. We can't have kids, they have way too
many. We could bring a taxpaying baby into the US. 300,000 mexican's
cross the border every day and get away with it, but we can't get a
cute little baby. It is just VERY VERY frustrating. I don't see how
leaving her there benefits anyone. If the philippines government
wants money, I will gladly pay it.
Frustrated
On 07 Jul 2004 00:51:17 GMT, jmdjmh@aol.compostible (J.) wrote:
In article <e5619372.0407061202.7ccc48cc@posting.google.com>,rkbose@pacific.net.sg (Rupa Bose) writes:Some Dude <Here@there.com> wrote in messagenews:<2jdke05d9ahi52a55fnfdok7celtcmo4ob@4ax.com>... We are trying to bring a baby to the US. It is from my wifes sister. The US Embassy in manila is a pain in the ***. What is the quickest way we can get her here. Money is not an issue. I am looking for any means, legal or other. Help PleaseBring both mother and baby to the US as tourists. When the visaexpires, send them home, and have them apply for another. You can dothis indefinitely. It's pricey because of the plane tickets, butsolves the problem. When the child is of school age, it can get astudent visa. I am not sure whether public schools would accept anon-resident kid, but private schools definitely do, and visas areprovided for international sutdents attending them.Another possible way -- if you are trying to adopt the baby -- is togo to the Philippines, live there and adopt the baby there, and thenreturn with the child. I think it takes 2-3 years. I'm not sure whatthe adoption laws are in the Philippines, though.RupaThings may have changed considerably in the past decade, but when we wereapplying, Phillippine law prohibited direct placement and provided that thegovernment matched prospective parents with children.His biggest problem may be that US law does not permit one to adopt a personwho is not an orphan and have that person qualify for entry on the basis of thefamily relationship.J.Reply to jmhjmd at aol.
pb...
07-07-2004, 12:02 AM
Marley Greiner wrote: "pb..." <woodlark-99@newsguy.com> wrote in message news:cceaht08jm@news2.newsguy.com...J. wrote:In article <2jdke05d9ahi52a55fnfdok7celtcmo4ob@4ax.com>, Some Dude<Here@there.com> writes:>We are trying to bring a baby to the US. It is from my wifes sister.>The US Embassy in manila is a pain in the ***. What is the quickest>way we can get her here.>>Money is not an issue. I am looking for any means, legal or other.>>Help PleaseFly to Manila. Swallow the baby whole. Come home quickly.J.Always Glad to HelpAnd, as always, the very best advice! I was thinking pretty much alongthose same lines, but thought the baybee might be too big for just oneparent to swallow...think the Solomon solution might do the trick..er,get the job done? You know...two halves, right down the middle?pb..."It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds."--Samuel Adams Or he could wrap it in a condom and stick it up his ***, though I suspect he might have trouble keeping it in. Marley
....that small problem, of course, being only one of the many reasons why
the male of the human species does not get pregnant and/or give birth.
pb...
Robin Harritt
07-07-2004, 02:47 AM
in article jknme0hssnuuh74p8hdtvfvcf6nfdsuogu@4ax.com, Some Dude at
Here@there.com wrote on 7/7/04 3:48 am:
We should be finished with the adoption in about 1 month. The lawyer says that we can take the baby to the US, but all the adoption agencies say no. We have to do a home study, and a bunch of other stuff.
Isn't that all a bit back to front? Don't know what your laws are but here
in the UK you'd have exactly the same problem and there wouldn't be any
legal work around other than living with the child in the Philippines for so
long that the court would rule it in the child's best interest to remain
with you.
You'd be looking at year in the slammer and a big fine if you attempted to
adopt abroad and bring a kid back here without passing the home study etc
FIRST. As the USA is now a signatory to the Hague Convention on Protection
of Children and Co-operation in Respect of Inter-country Adoption, I would
expect you have similar laws there.
We looked at the tourist visa thing, but it takes about 3 months, and the mother has no money, nothing.
I thought you said money was not an object?
They told my wife that she has to be a land owner, or a business owner, or have money. I don't mind giving her money.
Your wife?
I don't mind flying her over her. Also, she is not married to the guy she is living with, so they said she would have to be married. It doesn't matter that she has 6 other children, and this is his 22nd child. 2 of her children died because they couldn't afford to take them to the doctor, he makes equivelent to $1.75 per day.
I think you should explain this story a little more clearly, I think I might
be getting confused.
I couldn't go and live over there, because I would lose an income of about $375,000 per year. My wife has basically been there since the baby was born.
The most frustrating part is. We can't have kids, they have way too many. We could bring a taxpaying baby into the US. 300,000 mexican's cross the border every day and get away with it, but we can't get a cute little baby.
Yea but they are adults and do it voluntarily, no one drags them in to the
USA. What's this thing Americans have that the rest of the world wants it's
kids to grow up there.
It is just VERY VERY frustrating. I don't see how leaving her there benefits anyone. If the philippines government wants money, I will gladly pay it. Frustrated
Why didn't you go about it in the right way from the start? Is this a baby
that your wife saw one day and thought Oh I've just got to have that poor
little thing? Like all those British tourists who try to bring stray dogs
back to the UK then can' t afford the six months of quarantine kennelling?
Robin
Rupa Bose
07-07-2004, 01:58 PM
Robin Harritt <zzzendofthelist@harritt.net> wrote Why didn't you go about it in the right way from the start? Is this a baby that your wife saw one day and thought Oh I've just got to have that poor little thing?
I think he mentioned it's his wife's sister's child.
Sounds like it was a situation that's gotten away from them already.
Somedude:
Is your wife allowed to adopt this baby in the Philippines?
Or do you also have to be there?
Is your wife still a Philippine national?
This may be an impossible situation -- perhaps the best way would be
to send the baby's mom money to support the child and be its
godparents. Visit every year or more frequently if you can get leave.
Later, when it's older, it can come to the US on a student visa and
stay with you through the school year.
Rupa
Some Dude
07-07-2004, 03:45 PM
On 7 Jul 2004 13:58:21 -0700, rkbose@pacific.net.sg (Rupa Bose) wrote:
Robin Harritt <zzzendofthelist@harritt.net> wrote Why didn't you go about it in the right way from the start? Is this a baby that your wife saw one day and thought Oh I've just got to have that poor little thing?I think he mentioned it's his wife's sister's child.Sounds like it was a situation that's gotten away from them already.Somedude:Is your wife allowed to adopt this baby in the Philippines?
Yes we should be finished with the adoption in August to September
timeframe.
Or do you also have to be there?
the lawyer thinks I need to be there, I really don't see the need,
that is why we are paying him.
Is your wife still a Philippine national?
Yes she has a green card.
This may be an impossible situation -- perhaps the best way would beto send the baby's mom money to support the child and be itsgodparents.
Just sent her $200 so she could visit my wife in (whereever she is at
now????) her husband took the money, got drunk and put her in the
hospital. The baby will never see the money.
Visit every year or more frequently if you can get leave.Later, when it's older, it can come to the US on a student visa andstay with you through the school year.Rupa
Rupa Bose
07-07-2004, 08:31 PM
Some Dude <Here@there.com> wrote> >Somedude:Is your wife allowed to adopt this baby in the Philippines? Yes we should be finished with the adoption in August to September timeframe.Or do you also have to be there? the lawyer thinks I need to be there, I really don't see the need, that is why we are paying him.Is your wife still a Philippine national? Yes she has a green card.
Perhaps you should take your lawyer's advice in this. Usually, you pay
lawyers for their knowledge of how to comply with the law, rather than
not to. You wouldn't want an adoption that has holes in it later.
Don't you get any time off at all? Can't you get unpaid leave?
I don't know exactly how it will work for your wife. I understand
usually they want a child adopted overseas to have been part of the
family for 2 (or 3?) years. However, we came to the US on a work visa,
which was later converted to a green card through corporate
sponsorship. Our adopted baby was under 2 at the time, and came with
us. Of course, it took a lot longer than 2-3 years for the green card
to come through.
Does your wife have other trustworthy relatives who can care for the
baby once she adopts it?
One option might be for her to divide her time between the Philippines
and the US, spending time with you and the baby alternately, until the
required waiting time is complete. (Indian families do this a lot with
young kids, not for immigration reasons, but to take care of little
kids until their parents can get established in their new country. The
usual caretaker is the maternal grandmother.)
Why don't you ask an immigration lawyer? You would get sounder advice
than in an ng.
I'd strongly recommend against an illegal route, not just for your
sake, but also the kid's. There's been a recent case here where a
family came in from the Philippines, stayed on illegally, and were
discovered when one kid was in college and another in high school.
They have been sent back to the Phillipines, which was sort of okay
for the parents, but which the kids do not know at all -- they were
infants when they moved to the US.
Rupa
J.
07-07-2004, 08:56 PM
In article <i4voe0htddho9mjrheb6ves2gnqan46cqv@4ax.com>, Some Dude
<Here@there.com> writes:
Subject: Re: Philippines Help needed Fast!From: Some Dude <Here@there.com>Date: Wed, 07 Jul 2004 22:45:46 GMTOn 7 Jul 2004 13:58:21 -0700, rkbose@pacific.net.sg (Rupa Bose) wrote:Robin Harritt <zzzendofthelist@harritt.net> wrote Why didn't you go about it in the right way from the start? Is this a baby that your wife saw one day and thought Oh I've just got to have that poor little thing?I think he mentioned it's his wife's sister's child.Sounds like it was a situation that's gotten away from them already.Somedude:Is your wife allowed to adopt this baby in the Philippines?Yes we should be finished with the adoption in August to Septembertimeframe.Or do you also have to be there?the lawyer thinks I need to be there, I really don't see the need,that is why we are paying him.Is your wife still a Philippine national?Yes she has a green card.This may be an impossible situation -- perhaps the best way would beto send the baby's mom money to support the child and be itsgodparents.Just sent her $200 so she could visit my wife in (whereever she is atnow????) her husband took the money, got drunk and put her in thehospital. The baby will never see the money.Visit every year or more frequently if you can get leave.Later, when it's older, it can come to the US on a student visa andstay with you through the school year.Rupa
I'm beginning to believe we're dealing with a troll, here. In the event that
this is not the case, I suggest Dude read up on the Phillipine and US law on
adoption. From what he's written to date, and the information on the US Dept.
of State website, it is highly doubtful that this adoption is ever going to go
through and result in the child obtaining an immigrant visa.
http://travel.state.gov/adoption_philippines.html
http://travel.state.gov/int'ladoption.html
J.
Reply to jmhjmd at aol.
Rupa Bose
07-08-2004, 11:20 AM
jmdjmh@aol.compostible (J.) wrote I'm beginning to believe we're dealing with a troll, here. In the event that this is not the case, I suggest Dude read up on the Phillipine and US law on adoption. From what he's written to date, and the information on the US Dept. of State website, it is highly doubtful that this adoption is ever going to go through and result in the child obtaining an immigrant visa. http://travel.state.gov/adoption_philippines.html http://travel.state.gov/int'ladoption.html J.
We may be, but then again maybe not. In any case, it's an interesting
problem to consider, perhaps?
From the links you've posted, it does seem doable but not easy.
He will be able to adopt in the Phils, though he may have to visit
there. They will waive the residency requirement because his wife is a
national and the child is within the 4th degree of consanguinity
(sister's kid...did I get that right?)
So he and his wife have to file a joint application to adopt, and that
can go through. The baby, under Phil law, now is the child of him and
his wife.
This leaves the issue of the US visa. If the child doesn't qualify as
an orphan for immigration purposes, then they have to resort to the
2-year thing.
This would mean:
(a) they could try to bring the kid to the US under some other visa
status -- such as visitor -- and keep renewing it until the 2 years
are over, and they qualify under the "previously adopted child"
category or
(b) if the baby cannot be given any other sort of visa, his wife
divides her time between US and the Philippines for 2 years after they
adopt the baby, such that the baby would have been living with them as
their family for that time.
I would suggest they check with a lawyer whether (a) is possible,
since that would probably be easier on all of them. Actually, I
suggest talking to a lawyer about the whole thing -- especially since
money is no object. I could be barking up the wrong tree entirely.
Rupa
Some Dude
07-08-2004, 01:06 PM
Not a troll, but if worse comes to worse. My wife will probably just
stay in the Philippines until we can bring the baby home. If at the
end of 2 years she brings the baby home, fine. If at the end of 2
years she doesn't I would be pissed.
I didn't know that since she was a Filipino they could waive the 2
year requirement. I have callled a couple of immigration attorneys,
just waiting for a call back.
I can go over there, indefinitely if I wanted to, I just would not be
getting any pay while there, I am self employed.
On 8 Jul 2004 11:20:46 -0700, rkbose@pacific.net.sg (Rupa Bose) wrote:
jmdjmh@aol.compostible (J.) wrote I'm beginning to believe we're dealing with a troll, here. In the event that this is not the case, I suggest Dude read up on the Phillipine and US law on adoption. From what he's written to date, and the information on the US Dept. of State website, it is highly doubtful that this adoption is ever going to go through and result in the child obtaining an immigrant visa. http://travel.state.gov/adoption_philippines.html http://travel.state.gov/int'ladoption.html J.We may be, but then again maybe not. In any case, it's an interestingproblem to consider, perhaps?From the links you've posted, it does seem doable but not easy.He will be able to adopt in the Phils, though he may have to visitthere. They will waive the residency requirement because his wife is anational and the child is within the 4th degree of consanguinity(sister's kid...did I get that right?)So he and his wife have to file a joint application to adopt, and thatcan go through. The baby, under Phil law, now is the child of him andhis wife.This leaves the issue of the US visa. If the child doesn't qualify asan orphan for immigration purposes, then they have to resort to the2-year thing.This would mean:(a) they could try to bring the kid to the US under some other visastatus -- such as visitor -- and keep renewing it until the 2 yearsare over, and they qualify under the "previously adopted child"category or(b) if the baby cannot be given any other sort of visa, his wifedivides her time between US and the Philippines for 2 years after theyadopt the baby, such that the baby would have been living with them astheir family for that time.I would suggest they check with a lawyer whether (a) is possible,since that would probably be easier on all of them. Actually, Isuggest talking to a lawyer about the whole thing -- especially sincemoney is no object. I could be barking up the wrong tree entirely.Rupa
J.
07-08-2004, 04:07 PM
In article <h6are0lbbk784jokvqh41nq9uiiifmpc9c@4ax.com>, Some Dude
<Here@there.com> writes:
Not a troll, but if worse comes to worse. My wife will probably juststay in the Philippines until we can bring the baby home. If at theend of 2 years she brings the baby home, fine. If at the end of 2years she doesn't I would be pissed.I didn't know that since she was a Filipino they could waive the 2year requirement. I have callled a couple of immigration attorneys,just waiting for a call back.I can go over there, indefinitely if I wanted to, I just would not begetting any pay while there, I am self employed.On 8 Jul 2004 11:20:46 -0700, rkbose@pacific.net.sg (Rupa Bose) wrote:jmdjmh@aol.compostible (J.) wrote I'm beginning to believe we're dealing with a troll, here. In the eventthat this is not the case, I suggest Dude read up on the Phillipine and US lawon adoption. From what he's written to date, and the information on the USDept. of State website, it is highly doubtful that this adoption is ever goingto go through and result in the child obtaining an immigrant visa. http://travel.state.gov/adoption_philippines.html http://travel.state.gov/int'ladoption.html J.We may be, but then again maybe not. In any case, it's an interestingproblem to consider, perhaps?From the links you've posted, it does seem doable but not easy.He will be able to adopt in the Phils, though he may have to visitthere. They will waive the residency requirement because his wife is anational and the child is within the 4th degree of consanguinity(sister's kid...did I get that right?)So he and his wife have to file a joint application to adopt, and thatcan go through. The baby, under Phil law, now is the child of him andhis wife.This leaves the issue of the US visa. If the child doesn't qualify asan orphan for immigration purposes, then they have to resort to the2-year thing.This would mean:(a) they could try to bring the kid to the US under some other visastatus -- such as visitor -- and keep renewing it until the 2 yearsare over, and they qualify under the "previously adopted child"category or(b) if the baby cannot be given any other sort of visa, his wifedivides her time between US and the Philippines for 2 years after theyadopt the baby, such that the baby would have been living with them astheir family for that time.I would suggest they check with a lawyer whether (a) is possible,since that would probably be easier on all of them. Actually, Isuggest talking to a lawyer about the whole thing -- especially sincemoney is no object. I could be barking up the wrong tree entirely.Rupa
I suggest you ask your attorney just how it is that the girl will qualify as an
orphan under U.S. law, and so be issued an immigration visa.
"The Orphan Definition
The consular officer must verify 1) the identity of the child and 2) the
child's status as an "orphan" as defined by the INA. Webster's Dictionary
defines an orphan as "a child whose parents are dead" and a child who meets
that definition will indeed be considered an orphan according to U.S.
immigration law. The INA, however, also defines an orphan as a child who has no
parents due to several other circumstances. Prospective adoptive parents should
be aware that U.S. law, and not a foreign court, determines if a particular
child qualifies for an orphan visa. As a rule, most children who are in
orphanages will qualify as "orphans" whereas children whose parents legally
relinquished them to an adoption agency or adoptive parent will not. If there
are doubts about a particular child's eligibility as an orphan, the consular
officer cannot approve the petition and must forward the case to BCIS."
J.
Reply to jmhjmd at aol.
Rupa Bose
07-08-2004, 11:01 PM
Some Dude <Here@there.com> wrote in message news:<h6are0lbbk784jokvqh41nq9uiiifmpc9c@4ax.com>... Not a troll, but if worse comes to worse. My wife will probably just stay in the Philippines until we can bring the baby home. If at the end of 2 years she brings the baby home, fine. If at the end of 2 years she doesn't I would be pissed. I didn't know that since she was a Filipino they could waive the 2 year requirement. I have callled a couple of immigration attorneys, just waiting for a call back. I can go over there, indefinitely if I wanted to, I just would not be getting any pay while there, I am self employed.
I was talking of the 3-year residency requirement for foreigners to
adopt Philippines kids -- and what I said was based entirely on what J
posted. (See below.)
"RESIDENCE REQUIREMENTS: A U.S. citizen interested in adopting a
Filipino child while they are living in the Philippines must meet the
following requirements:
"Be resident in the Philippines for at least three years prior to the
filing of the adoption petition and maintain such residence until the
adoption decree is entered by a Philippine court
"Possess a certification of legal capacity to adopt issued by a
diplomatic or consular office or any appropriate government agency.
"To fulfill the requirement for a certification of legal capacity to
adopt, the Philippine government will generally accept an approved
I-130 Petition for Alien Relative, I-600A Application for Advance
Processing of an Orphan, or I-600 Petition to Classify an Orphan as an
Immediate Relative.
"The government may waive these requirements in the following cases:
"A former Filipino citizen who seeks to adopt a relative within the
fourth degree of consanguinity, as defined under Philippine law
"A person who seeks to adopt the legitimate son/daughter of his/her
Filipino spouse; or
"A person who is married to a Filipino and who seeks to adopt jointly
with his/her spouse a relative within the fourth degree of
consanguinity, as defined under Philippine law. "
It seems to me that you fall into the last category, and thus may get
a waiver of the 3 year residency requirement.
Rupa
Rupa Bose
07-08-2004, 11:01 PM
Some Dude <Here@there.com> wrote in message news:<h6are0lbbk784jokvqh41nq9uiiifmpc9c@4ax.com>... Not a troll, but if worse comes to worse. My wife will probably just stay in the Philippines until we can bring the baby home. If at the end of 2 years she brings the baby home, fine. If at the end of 2 years she doesn't I would be pissed. I didn't know that since she was a Filipino they could waive the 2 year requirement. I have callled a couple of immigration attorneys, just waiting for a call back. I can go over there, indefinitely if I wanted to, I just would not be getting any pay while there, I am self employed.
I was talking of the 3-year residency requirement for foreigners to
adopt Philippines kids -- and what I said was based entirely on what J
posted. (See below.)
"RESIDENCE REQUIREMENTS: A U.S. citizen interested in adopting a
Filipino child while they are living in the Philippines must meet the
following requirements:
"Be resident in the Philippines for at least three years prior to the
filing of the adoption petition and maintain such residence until the
adoption decree is entered by a Philippine court
"Possess a certification of legal capacity to adopt issued by a
diplomatic or consular office or any appropriate government agency.
"To fulfill the requirement for a certification of legal capacity to
adopt, the Philippine government will generally accept an approved
I-130 Petition for Alien Relative, I-600A Application for Advance
Processing of an Orphan, or I-600 Petition to Classify an Orphan as an
Immediate Relative.
"The government may waive these requirements in the following cases:
"A former Filipino citizen who seeks to adopt a relative within the
fourth degree of consanguinity, as defined under Philippine law
"A person who seeks to adopt the legitimate son/daughter of his/her
Filipino spouse; or
"A person who is married to a Filipino and who seeks to adopt jointly
with his/her spouse a relative within the fourth degree of
consanguinity, as defined under Philippine law. "
It seems to me that you fall into the last category, and thus may get
a waiver of the 3 year residency requirement.
Rupa
Rupa Bose
07-09-2004, 09:50 AM
jmdjmh@aol.compostible (J.) wrote I suggest you ask your attorney just how it is that the girl will qualify as an orphan under U.S. law, and so be issued an immigration visa. "The INA, however, also defines an orphan as a child who has no parents due to several other circumstances. Prospective adoptive parents should be aware that U.S. law, and not a foreign court, determines if a particular child qualifies for an orphan visa. As a rule, most children who are in orphanages will qualify as "orphans" whereas children whose parents legally relinquished them to an adoption agency or adoptive parent will not. If there are doubts about a particular child's eligibility as an orphan, the consular officer cannot approve the petition and must forward the case to BCIS."
I don't think this particular child does qualify as an orphan, which
is why they'll probably have to go the 2-year "previously adopted"
route. In other words, the a-mom will have to establish a home for the
baby for two years after finalization.
I think what you say above applies to a child being brought into the
US for adoption.
The stuff below is from one of the documents you posted, J. They'll be
adopting the kid in the Philippines, so they're looking at an IR3
visa. SomeDude's wife, who is Filipina and has a US Green Card, can
apply for a visa for the baby after the adoption has been final for
two years.
Rupa
"U.S. IMMIGRATION REQUIREMENTS
"A Filipino child adopted by an American citizen must obtain an
immigrant visa before he or she can enter the U.S. as a lawful
permanent resident. There are two distinct categories of immigrant
visas available to children adopted by American citizens.
"A Previously Adopted Child. Section 101(b)(1)(E) of the U.S.
Immigration and Nationality Act defines an "adopted child" as one who
was adopted under the age of 16 and who has already resided with, and
in the legal custody of, the adoptive parent for at least two years.
Parents who can demonstrate that their adopted child meets this
requirement may file an I-130 petition with the U.S. Bureau of
Citizenship and Immigration Services in the Department of Homeland
Security (BCIS) having jurisdiction over their place of residence in
the United States. Upon approval of the I-130 petition, the parents
may apply for an immigrant visa for the child at the U.S. Embassy in
Manila. American citizens who believe this category may apply to their
adopted child should contact the U.S. Embassy in Manila for more
information.
"An Orphan. If an adopted child has not resided with the adoptive
parent for two years (or if the child has not yet even been adopted)
the child must qualify under section 101(b)(1)(F) of the U.S.
Immigration and Nationality Act in order to apply for an immigrant
visa. "
Some Dude
07-09-2004, 09:58 AM
That would definitely be good. If that was the case.
On 8 Jul 2004 23:01:20 -0700, rkbose@pacific.net.sg (Rupa Bose) wrote:
Some Dude <Here@there.com> wrote in message news:<h6are0lbbk784jokvqh41nq9uiiifmpc9c@4ax.com>... Not a troll, but if worse comes to worse. My wife will probably just stay in the Philippines until we can bring the baby home. If at the end of 2 years she brings the baby home, fine. If at the end of 2 years she doesn't I would be pissed. I didn't know that since she was a Filipino they could waive the 2 year requirement. I have callled a couple of immigration attorneys, just waiting for a call back. I can go over there, indefinitely if I wanted to, I just would not be getting any pay while there, I am self employed.I was talking of the 3-year residency requirement for foreigners toadopt Philippines kids -- and what I said was based entirely on what Jposted. (See below.)"RESIDENCE REQUIREMENTS: A U.S. citizen interested in adopting aFilipino child while they are living in the Philippines must meet thefollowing requirements:"Be resident in the Philippines for at least three years prior to thefiling of the adoption petition and maintain such residence until theadoption decree is entered by a Philippine court"Possess a certification of legal capacity to adopt issued by adiplomatic or consular office or any appropriate government agency."To fulfill the requirement for a certification of legal capacity toadopt, the Philippine government will generally accept an approvedI-130 Petition for Alien Relative, I-600A Application for AdvanceProcessing of an Orphan, or I-600 Petition to Classify an Orphan as anImmediate Relative."The government may waive these requirements in the following cases:"A former Filipino citizen who seeks to adopt a relative within thefourth degree of consanguinity, as defined under Philippine law"A person who seeks to adopt the legitimate son/daughter of his/herFilipino spouse; or"A person who is married to a Filipino and who seeks to adopt jointlywith his/her spouse a relative within the fourth degree ofconsanguinity, as defined under Philippine law. "It seems to me that you fall into the last category, and thus may geta waiver of the 3 year residency requirement.Rupa
Complete Labor
Law Poster for $24.95 from www.LaborLawCenter.com,
includes State, Federal, & OSHA posting requirements