Bringing Niece to the US

[iyan46]

An open question for all to answer if possible.

 

My wife in my neices legal gaurdian, my wife and i have been married for 3 yrs now and has her 10 yr GC , my stepson has just filed for his 10 yr GC and is a sophmore ay USF, my niece has stayd behind in China and has been living with my Mom inlaw...... but now we would like her to come live with us ... she is ready. what do we have to do to make this happen?

 

 

Thanks in advance

 

Dave and Jing

[chilton747]

http://travel.state.gov/visa/immigrants/types/types_1306.html#members

 

I don't see where it says "niece."

[iyan46]

So we have to adopt her ?

[chilton747]

So we have to adopt her ?

 

 

Sounds like a question for Dan or Randy. I'm sure they will chime in soon.

[dnoblett]

In order to adopt niece and do immigrations niece would have to be an orphan, it can be complicated.

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130WhoMayNot1.png

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130WhoMayNot2.png

 

I-130 instructions.(Refer to #1, and #8)

[Randy W]

If she gets her citizenship, she may file for her brothers and sisters and their spouses and minor children (if the girl's parent(s) wish to come). LPR's cannot.

 

So, yes, adoption would be required, although you could also look into a student visa for her, especially if she's nearing college age.

[iyan46]

I think the student visa would be our best bet .... thanks eveyone

 

Dave & Jing