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I am immigrating to the states and i have legal guardianship of my 11yr old niece how can i petition for her?
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I am immigrating to the states and i have legal guardianship of my 11yr old niece how can i petition for her?

i wanted to adopt her but my husband would have to also adopt her and he is not willing to do that so what are my best option? thanks in advance.


    




Sidwell
Is your husband american and he wont sponsor her to the USA as his "step daughter" because she is not your daughter?

wow you should have discussed all this before you got married.

I think you are big trouble now.

legal guardianship is not enough - you have to have SOLE custody.

if you have court papers specifying that you have sole custody then you might be ok. You need to ask.

but since your hubby wont adopt or sponsor her, then she cannot come to USA with you.

and she cant stay home by herself.

you REALLY should have discussed all this before you got married.

So either hubby stays with you in your country - maybe on a work permit or something - OR the marriage is over because you cannot move to USA until the neice turns 18.


verne k
Rating
Without adoption you cannot do anything for her.There are no benefits
under immigration law for a niece.


vegatartar
idk that's a real tricky one (NOT)!!!


George L
Since you are currently in the process of immigrating to the US, there's nothing you can do if she isn't adopted. So, there just aren't any options that would allow you to take her. however, that wouldn't be as easy as all that either. Unless she's an orphan, you'd have to have her in your house for 2 years for the adoption to count for immigration purposes. Green card holders can't adopt for immigration purposes either.





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