... in response to Re: Possible, BUT...,, posted by OUTLAW on Mar 23, 2003[This message has been edited by Ray]
Outlaw,
Sorry to hear that mom left the child, but that is not so unusual in the Phils. Lots of kids are “given” to relatives or even childless couples to raise as their own.
If her mom totally abandoned her and nobody knows where she is, and there is no father of record, then “maybe” she could qualify as an orphan, but the criteria are very strict.
Without orphan status, my understanding is that the child will have to live with you overseas for a minimum of 2 years and be legally adopted to satisfy the U.S. immigration rules and “possibly” she will have to live with you for at least 3 years to satisfy Philippine laws on adoption. If the mother of the child is your wife’s sister, then maybe the 3-year requirement can be waived. So, at the least, you move to the Phils, adopt the child legally, live with the child as her legal parents for another 2 years, then petition for a visa for her, which would take another 1 to 1-1/2 years. Supposedly, there are NO exceptions.
If you are really serious about the adoption, you should consult with a knowledgeable attorney in the Philippines and start reading up on the U.S. immigration requirements. Download an I-130 petition with instructions and start reading. Also read the info on the U.S. Embassy Manila’s Web site:
http://usembassy.state.gov/posts/rp1/wwwh3205.html
Ray