Asked on Oct 10th, 2011 on Immigration - California
More details to this question:
I have a fiancée in the Philippines and I want her to be with me here in the United States. My problem is that she is the mother of my legal niece. I want to petition both of them to be with me. Can I get my niece same time as my fiancée?
I assume you are not related to your fiance, correct? If your niece is the daughter of your fiance and is under 18 when you get married then she will get benefits from your petition of your fiance. She will be able to immigrate with your fiance as a K-2 or as an immigrant if you marry before she comes to the U.s. and is under 18 when you get married.
If your niece is the child of your fiance, then the question is whether you can file a fiance petition and marry your sister. If you are marrying your sister in law, then your niece is simple a dependent of the fiance visa petition. There is no need to file anything else. Yet, more information is needed, since you may be disqualified from petitioning for other reasons.
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