So many opinions, so little time...

[Tim&Betty 0]

Hello,

My (at the time) Girlfriend and I were traveling to see each other for almost 2 years. She and her daughter (previous non-US marriage, divorced, she has full custody) were traveling with a valid I-94s. They arrived in November '08 and we put her daughter in kindergarten (a NYC Public School) some months later, we got married on our 2nd anniversary. We knew that we should start the process (the marriage happened only a few days ago) But we are so confused.

Both of their I-94s expire April 9th. Their plan was to fly to San Diego while school is out (before the I-94s expire), family would pick them up and they drive to TJ (as they have done every time they had to renew), renew the I-94s, see family and come back to NY to start the process; but a friend said that because she has a child in school, the Gov't would know that she was living here and bar them from returning. I was under the impression that it was illegal to have a child of school age (even Kindergarten), not in school; also that the NYC Public school system did not report to any agency the statuses of any of its students. I know for a fact that there are children with "questionable" statuses that have gone thru grade school and even graduated. Thankfully my wife and step-daughter have valid Visas and I-94s.

Is it safe for them to go back to San Diego to renew? Or should we start the process now? I believe we should file SOMETHING... but i dont know what. We were about to TALK to a lawyer for an hour $200 to ask all these questions, when a friend said that we could do the paperwork ourselves and that we only needed a Lawyer if there were any PROBLEMS.

I know we need the I-130 (for both??) Do we need the I-485 for both too? Should these be at least filed before they go anyplace? After they are filed, can they go visit family and bring back personal effects?

[canadian_wife 1,827]

Actually, schools rarely ask for proof of legal status for children enrolling. I know as a school teaching who used to work in the school system in the states. Now it does vary from state to state but most look the other way.

Now traveling back to Mexico to renew their I-94. I would not do this as there is no guarentee that she will be admitted, especially now that you are all married. Besides, her re-entry into the U.S. as a tourist with clear intent to marry and stay is actually visa fraud. Tourist visas are for temporary stays...NOT for staying and immigrating to the U.S. I REALLY suggest you file the I-130 and I-485 immediatly before their I-94 expires.

Good luck.

[pushbrk 13,058]

Hello,

My (at the time) Girlfriend and I were traveling to see each other for almost 2 years. She and her daughter (previous non-US marriage, divorced, she has full custody) were traveling with a valid I-94s. They arrived in November '08 and we put her daughter in kindergarten (a NYC Public School) some months later, we got married on our 2nd anniversary. We knew that we should start the process (the marriage happened only a few days ago) But we are so confused.

Both of their I-94s expire April 9th. Their plan was to fly to San Diego while school is out (before the I-94s expire), family would pick them up and they drive to TJ (as they have done every time they had to renew), renew the I-94s, see family and come back to NY to start the process; but a friend said that because she has a child in school, the Gov't would know that she was living here and bar them from returning. I was under the impression that it was illegal to have a child of school age (even Kindergarten), not in school; also that the NYC Public school system did not report to any agency the statuses of any of its students. I know for a fact that there are children with "questionable" statuses that have gone thru grade school and even graduated. Thankfully my wife and step-daughter have valid Visas and I-94s.

Is it safe for them to go back to San Diego to renew? Or should we start the process now? I believe we should file SOMETHING... but i dont know what. We were about to TALK to a lawyer for an hour $200 to ask all these questions, when a friend said that we could do the paperwork ourselves and that we only needed a Lawyer if there were any PROBLEMS.

I know we need the I-130 (for both??) Do we need the I-485 for both too? Should these be at least filed before they go anyplace? After they are filed, can they go visit family and bring back personal effects?

They should simply apply to adjust her status to legal permanent resident based on your marriage and not leave the US until that's complete. The resulting overstay would be forgiven. See the guides above for the procedure. At least an initial consultation with an immigration attorney would be a good idea to assure they qualify to adjust status but it looks to me like they do.

[Tim&Betty 0]

We have an appointment with that Immigration Lawyer today - basically its a consult so we have to have some questions ready.. and we are bringing all the necessary paperwork and proof with us. IF we get a bad feeling (about the lawyer) we are going to another place - a service that helps you with immigration paperwork affiliated with the local Catholic Church.

how can we tell what this should cost? Time is a factor, (I-94s expire April 8th) so time is more important than money but we dont want to get ripped off. Once some paperwork is filed before the I-94s expire is it OK that they are still in the US? We are married already. I hear and read so many conflicting stories... Do I sponsor her, and then she sponsors her daughter? Do I sponsor them both? Should I adopt her daughter? Should I not? The primary concern is that they be able to stay in the US legally after their I-94s expire and my stepdaughter can be added to my health insurance. SS#s and such are not a pressing issue at this time.

[pushbrk 13,058]

We have an appointment with that Immigration Lawyer today - basically its a consult so we have to have some questions ready.. and we are bringing all the necessary paperwork and proof with us. IF we get a bad feeling (about the lawyer) we are going to another place - a service that helps you with immigration paperwork affiliated with the local Catholic Church.

how can we tell what this should cost? Time is a factor, (I-94s expire April 8th) so time is more important than money but we dont want to get ripped off. Once some paperwork is filed before the I-94s expire is it OK that they are still in the US? We are married already. I hear and read so many conflicting stories... Do I sponsor her, and then she sponsors her daughter? Do I sponsor them both? Should I adopt her daughter? Should I not? The primary concern is that they be able to stay in the US legally after their I-94s expire and my stepdaughter can be added to my health insurance. SS#s and such are not a pressing issue at this time.

Please click on the word "Guides" at the top of any page here and read the one for couples both present in the USA currently. The I-94 expiration is actually not critical. You sponsor both intending immigrants.