How to get children to the USA

[paulchs 0]

Hi, my fiance and I intend to get married in the US very soon, she is here from Mexico with a tourist visa. We intend to then immediately file the I-130 and I-485 for her as well as I-765 and Advance Parole so she will be able to travel to and from Mexico and she will also be issued EAD to allow her to work here.

Before we do this we have a very important question regarding her kids. We would like to have them here in a few months and then immediately file I-130 and I-485 AOS for each of them while they are here. The problem is, how do we get them here, are there any suggestions? Her kids, ages 7 and 11 also have tourist visas. If approved for Advanced Parole, my spouse will travel to Mexico to get them and fly them back here but we are with impression that the kids may not be allowed into the USA with her travelling on AP and while they are processing her I-130 and AOS. We have a notarized permission letter from the kids father allowing the kids to permanently reside here and to travel back and forth. We would like the kids to come at a later date because this will give their mother and I time to find a bigger house and for her to have EAD allowing her to earn additional income for us to support all the family. Any suggestions regarding the best way and best timing to get kids here is appreciated.

[raymaga 25]

You can add the children to the I-129F and get them K-2 visas. If you get both the K-1 visa and the K-2 visas on the same day, your fiance could move to the U.S. right away, and then, the children have 6 months to move to the U.S. Both K-1 and K-2 visas have a 6-month validity.

[sjr09 155]

Hi, my fiance and I intend to get married in the US very soon, she is here from Mexico with a tourist visa. We intend to then immediately file the I-130 and I-485 for her as well as I-765 and Advance Parole so she will be able to travel to and from Mexico and she will also be issued EAD to allow her to work here.

Before we do this we have a very important question regarding her kids. We would like to have them here in a few months and then immediately file I-130 and I-485 AOS for each of them while they are here. The problem is, how do we get them here, are there any suggestions? Her kids, ages 7 and 11 also have tourist visas. If approved for Advanced Parole, my spouse will travel to Mexico to get them and fly them back here but we are with impression that the kids may not be allowed into the USA with her travelling on AP and while they are processing her I-130 and AOS. We have a notarized permission letter from the kids father allowing the kids to permanently reside here and to travel back and forth. We would like the kids to come at a later date because this will give their mother and I time to find a bigger house and for her to have EAD allowing her to earn additional income for us to support all the family. Any suggestions regarding the best way and best timing to get kids here is appreciated.

Her kids do not have VISA to enter the US She can not fly them to the US what your doing or trying/thinking to do is illegal!

[raymaga 25]

I misread the OP's original post, so my reply is not appropriate.

If I were you, I would go about bringing her children here the legal way and would suggest rethinking getting married now while on the tourist visa, and apply for the K-1 and K-2 visas instead.

Just my 2 cents worth.

[sjr09 155]

Hi, my fiance and I intend to get married in the US very soon, she is here from Mexico with a tourist visa. We intend to then immediately file the I-130 and I-485 for her as well as I-765 and Advance Parole so she will be able to travel to and from Mexico and she will also be issued EAD to allow her to work here.

Before we do this we have a very important question regarding her kids. We would like to have them here in a few months and then immediately file I-130 and I-485 AOS for each of them while they are here. The problem is, how do we get them here, are there any suggestions? Her kids, ages 7 and 11 also have tourist visas. If approved for Advanced Parole, my spouse will travel to Mexico to get them and fly them back here but we are with impression that the kids may not be allowed into the USA with her travelling on AP and while they are processing her I-130 and AOS. We have a notarized permission letter from the kids father allowing the kids to permanently reside here and to travel back and forth. We would like the kids to come at a later date because this will give their mother and I time to find a bigger house and for her to have EAD allowing her to earn additional income for us to support all the family. Any suggestions regarding the best way and best timing to get kids here is appreciated.

In your very statment, What your trying to do is Illegal from the intentions to get married on a tourist visa then fly the kid over with out a visas. Your trying to circumvent immigration laws, you will get no help here.

[NArocks 13]

As stated below. ILLEGAL to do what you are asking as far as the kids and as far as the fiance, better be ready to answer some questions on marrying her while she is here on a tourist visa that has not even expired yet. If the marriage is say spur of the mement then still be prepared to answer questions at your AOS interview with her intent upon entering the US. If you want to know the right way you can marry her here , have her go back to mexico and apply for the CR1 visa for her and the CR2 visa for the children. SHould take 9-12 months give or take.

Good luck, however I will not advise you to try and circumvent tha laws and it may bite you in the long run..............

Edit you were given very good information here as to what was needed

Previous posts

Edited June 29, 2009 by NArocks

[paulchs 0]

Thanks for the advice and information. I would not like to do things illegally and end up in a bad situation but I don't know enough about the process yet to know all the available options. I was given advice from an immigration attorney that I could marry my fiance while she is here and then immediately file the I-130, I-485 and also include the I-765 and Advance Parole. This seems to be a legal acceptable process. However, since she has kids that we would like to get here legally and in the most efficient way I'm looking for advice with this. Our goal would be to avoid the process of the kids having an interview at embassy in Mexico, which is located in Juarez, a dangerous drug cartel area, this is why I'm trying hard to avoid that process and to get them here, then file I-130 and I-485. However, like I said I am not completely sure of all the legal options for me so I appreciate the advice.

[paulchs 0]

Thanks for the advice and information. I would not like to do things illegally and end up in a bad situation but I don't know enough about the process yet to know all the available options. I was given advice from an immigration attorney that I could marry my fiance while she is here and then immediately file the I-130, I-485 and also include the I-765 and Advance Parole. This seems to be a legal acceptable process. However, since she has kids that we would like to get here legally and in the most efficient way I'm looking for advice with this. Our goal would be to avoid the process of the kids and their mom having to visit Juarez Mexico for their medical exam and interview, a dangerous drug cartel area, this is why I'm trying hard to avoid that process and to get them here, then file I-130 and I-485. However, like I said I am not completely sure of all the legal options for me so I appreciate the advice.