Marriage on Tourist Visa

[jsap 0]

Hi,

My wife and I got married last week after she entered the country on a tourist visa about a month ago. She is divorced with two kids at the age of 17 and 13 who are currently in their home country. Can someone direct me to a site where it shows what forms to submit and the instructions so I can sponsor my wife and her kids for permanent residency status?

Do I have to sponsor and submit a form for each of her kid?

thanks in advance for the help

[kaus&Sanu 0]

Umm... i dont think you guys should have gotten married with her being on a tourist visa. You will have to prove that this was not the intent for travelling in... I'm not to sure.. but hopefully someone will chime in and give you some advice.

[jsap 0]

Well...we didn't plan on getting married at first. She originally came to the country to visit me and her relatives. We just hit it off and decided to get married. Should I not have done that? Does she need to go back to her home country and let me sponsor her from here? Please advise.

[Anh map 2,098]

Read the Guides here on VJ (top of each page) to learn what you must file on her behalf. Is she planning on returning or staying here? This is not a fast process so the kids won't get visas for several months at the earliest.

Guides -->> http://www.visajourney.com/forums/index.ph...amp;page=guides

[Dakine 26]

http://www.visajourney.com/forums/index.ph...page=i130guide2

You'll have to petition the kids as stepchildren.

Edited October 7, 2009 by Dakine

[jsap 0]

So can I sponsor her while she is here on a tourist visa or does she have to go back to her home country? I read the link you provided for me but still not sure if I need to submit I-130 and I-485 for all three (wife and both her kids).

thanks

[Anh map 2,098]

You can file the AOS for her as she is inside the US. But the kids can't just hop a flight/train/boat to the US and join you.

Dakine gave you the AOS link for your wife.

Here's how to bring the kids over -->> http://www.visajourney.com/forums/index.ph...&page=child

To do it "by the book" your spouse should return to her home country and you petition for all of them.

[Kathryn41 3,205]

moved from AOS from a family visa forum to AOS from a work, student & tourist visa forum

[Krikit 1,165]

To do it "by the book" your spouse should return to her home country and you petition for all of them.

USCIS regulations allow for an adjustment from other visas..... not just family-based visas. So they are doing it "by the book".

[john_and_marlene 162]

You have a couple of issues that you will need to address.

First, you will need permission from the children's father for them to immigrate or a court order allowing it.

Second, if the 17 year old does not get a visa before they are 18, they won't be eligible.

Had you waited to get married and filed K-1, the age limit for a K-2 child would have been 21. Filing for stepchild or filing for K-4 accompanying K-3, the age limit is 18.

Edited October 8, 2009 by john_and_marlene

[payxibka 10,047]

First, you will need permission from the children's father for them to immigrate or a court order allowing it.

Second, if the 17 year old does not get a visa before they are 18, they won't be eligible.

The age requirement for permission from biological parent is consulate dependent... so it is a possibility or a maybe...

Why is the child not eligible after age 18?

Since the OP's wife is here they are wanting to adjust status here in the USA and the USC can petition for the children as his stepchildren as the step parent relationship was created before the age of 18

[john_and_marlene 162]

First, you will need permission from the children's father for them to immigrate or a court order allowing it.

Second, if the 17 year old does not get a visa before they are 18, they won't be eligible.

The age requirement for permission from biological parent is consulate dependent... so it is a possibility or a maybe...

Why is the child not eligible after age 18?

Since the OP's wife is here they are wanting to adjust status here in the USA and the USC can petition for the children as his stepchildren as the step parent relationship was created before the age of 18

For the biological parent's permission--I don't know of any consulate that would not require it for the 13 y.o.

18--because they become an adult child vs. minor child

Edited October 8, 2009 by john_and_marlene

[john_and_marlene 162]

First, you will need permission from the children's father for them to immigrate or a court order allowing it.

Second, if the 17 year old does not get a visa before they are 18, they won't be eligible.

The age requirement for permission from biological parent is consulate dependent... so it is a possibility or a maybe...

Why is the child not eligible after age 18?

Since the OP's wife is here they are wanting to adjust status here in the USA and the USC can petition for the children as his stepchildren as the step parent relationship was created before the age of 18

For the biological parent's permission--I don't know of any consulate that would not require it for the 13 y.o.

18--because they become an adult child vs. minor child

The 18 y.o. limit is just for the K4. The stepfather can still petition as first preference until 21.

[SMR 368]

First, you will need permission from the children's father for them to immigrate or a court order allowing it.

Second, if the 17 year old does not get a visa before they are 18, they won't be eligible.

The age requirement for permission from biological parent is consulate dependent... so it is a possibility or a maybe...

Why is the child not eligible after age 18?

Since the OP's wife is here they are wanting to adjust status here in the USA and the USC can petition for the children as his stepchildren as the step parent relationship was created before the age of 18

For the biological parent's permission--I don't know of any consulate that would not require it for the 13 y.o.

18--because they become an adult child vs. minor child

The 18 y.o. limit is just for the K4. The stepfather can still petition as first preference until 21.

One issue you will have is that you married quite soon after entry. This is an issue. Less than a month is really fast in the eyes of USCIS. That is, it's not common for people to decide to get married and then marry within a month. USCIS will probably want you to prove that you didn't intend to marry when you entered. Try to gather evidence that she intended to return. Did she leave a job or property? At least you will need details about changing your mind.

[john_and_marlene 162]

USCIS will probably want you to prove that you didn't intend to marry when you entered.

No they won't.