AOS for family members of a USC

[Rixxyccfc 0]

my son is a USC, so is his mother, but we are no longer together, i often travel here on the VWP to visit him, never had a problem, i also have a girlfriend who is a USC we may plan to get married soon using a K-3 but nothing is decided yet. I am getting pretty sick of going back and forth and missing the vital times of my childs life, and he is too, i can never afford to be around all the time and im missing out on being a father to him, as all parents on here im sure can imagine, this situation causes stress and pain. my question is this, if i was to adjust my status as i am an immediate relative of my son right now(im 67 days into my allocated 90) would i be allowed to? given he is only 4 years old? i visited here again without the intention of staying but each time it gets harder and harder to leave him, plus im pretty attatched to my new girlfriend.

so does anyone know if the age thing is a barrier?

thanks in advance

[JERIII 8]

my son is a USC, so is his mother, but we are no longer together, i often travel here on the VWP to visit him, never had a problem, i also have a girlfriend who is a USC we may plan to get married soon using a K-3 but nothing is decided yet. I am getting pretty sick of going back and forth and missing the vital times of my childs life, and he is too, i can never afford to be around all the time and im missing out on being a father to him, as all parents on here im sure can imagine, this situation causes stress and pain. my question is this, if i was to adjust my status as i am an immediate relative of my son right now(im 67 days into my allocated 90) would i be allowed to? given he is only 4 years old? i visited here again without the intention of staying but each time it gets harder and harder to leave him, plus im pretty attatched to my new girlfriend.

so does anyone know if the age thing is a barrier?

thanks in advance

You can't do this, unfortunately. The US Citizen has to petition (I-130) the alien relative, and a USC must be 21 to petition a parent.

[htslogistics-john 1]

now a lot of people may not like this so you'll get fired at but don't worry. you already said your intention wasn't to immigrate when you came in, so you won't be able to adjust through your son but when you marry your girlfriend you can adjust while in the U.S. and the overstay will be forgiven because she is a USC. now listen DO NOT LEAVE IF YOU OVERSTAY BECAUSE YOU WILL GET A BAN. adjust first than than you can travel freely. now you fon't have to get married while in the U.S. but if you do it will be much quicker. anyways if don't and decide to go back and get married outsidr the U.S. you will have to go for a spousal visa. AGAIN IT WILL BE MUCH QUICKER TO ADJUST WHILE IN THE U.S. and it is not illegal clearly you traveled back and forward before so you can easily proof your intention was not to immigrate like you stated. Good luck and whatever your choice is it i understand it is hard to be away from your kids.

[trillium13 84]

now a lot of people may not like this so you'll get fired at but don't worry. you already said your intention wasn't to immigrate when you came in, so you won't be able to adjust through your son but when you marry your girlfriend you can adjust while in the U.S. and the overstay will be forgiven because she is a USC. now listen DO NOT LEAVE IF YOU OVERSTAY BECAUSE YOU WILL GET A BAN. adjust first than than you can travel freely. now you fon't have to get married while in the U.S. but if you do it will be much quicker. anyways if don't and decide to go back and get married outsidr the U.S. you will have to go for a spousal visa. AGAIN IT WILL BE MUCH QUICKER TO ADJUST WHILE IN THE U.S. and it is not illegal clearly you traveled back and forward before so you can easily proof your intention was not to immigrate like you stated. Good luck and whatever your choice is it i understand it is hard to be away from your kids.

Marriage to a USC for the purpose of obtaining permanent residency is visa fraud and would subject you to deportation and a ban. You might get away with it, but you you want to take the chance of not being able to see your son at all?

[htslogistics-john 1]

now a lot of people may not like this so you'll get fired at but don't worry. you already said your intention wasn't to immigrate when you came in, so you won't be able to adjust through your son but when you marry your girlfriend you can adjust while in the U.S. and the overstay will be forgiven because she is a USC. now listen DO NOT LEAVE IF YOU OVERSTAY BECAUSE YOU WILL GET A BAN. adjust first than than you can travel freely. now you fon't have to get married while in the U.S. but if you do it will be much quicker. anyways if don't and decide to go back and get married outsidr the U.S. you will have to go for a spousal visa. AGAIN IT WILL BE MUCH QUICKER TO ADJUST WHILE IN THE U.S. and it is not illegal clearly you traveled back and forward before so you can easily proof your intention was not to immigrate like you stated. Good luck and whatever your choice is it i understand it is hard to be away from your kids.

Marriage to a USC for the purpose of obtaining permanent residency is visa fraud and would subject you to deportation and a ban. You might get away with it, but you you want to take the chance of not being able to see your son at all?

he never said he wanted to get married to optain residency, he simply stated he might get married residency is a side benefit helloo did you read his post. here and i qoute "we may plan to get married soon using a K-3 but nothing is decided yet" if he does decide to get married he can do it here in the states legally and will be able to see his son.

like i said a lot of people are gonna fired at you it is not visa fraud unless you are marrying her just for the purpose of residency

Edited October 12, 2009 by htslogistics-john

[sasaqlain 24]

now a lot of people may not like this so you'll get fired at but don't worry. you already said your intention wasn't to immigrate when you came in, so you won't be able to adjust through your son but when you marry your girlfriend you can adjust while in the U.S. and the overstay will be forgiven because she is a USC. now listen DO NOT LEAVE IF YOU OVERSTAY BECAUSE YOU WILL GET A BAN. adjust first than than you can travel freely. now you fon't have to get married while in the U.S. but if you do it will be much quicker. anyways if don't and decide to go back and get married outsidr the U.S. you will have to go for a spousal visa. AGAIN IT WILL BE MUCH QUICKER TO ADJUST WHILE IN THE U.S. and it is not illegal clearly you traveled back and forward before so you can easily proof your intention was not to immigrate like you stated. Good luck and whatever your choice is it i understand it is hard to be away from your kids.

Marriage to a USC for the purpose of obtaining permanent residency is visa fraud and would subject you to deportation and a ban. You might get away with it, but you you want to take the chance of not being able to see your son at all?

he never said he wanted to get married to optain residency, he simply stated he might get married residency is a side benefit helloo did you read his post. here and i qoute "we may plan to get married soon using a K-3 but nothing is decided yet" if he does decide to get married he can do it here in the states legally and will be able to see his son.

like i said a lot of people are gonna fired at you it is not visa fraud unless you are marrying her just for the purpose of residency

What I read from it was, if my 4 year old son can't get me the GC, maybe my USC GF can!

I am sorry, but I am with Trillium13 on this one.

[trillium13 84]

What I read from it was, if my 4 year old son can't get me the GC, maybe my USC GF can!

I am sorry, but I am with Trillium13 on this one.

Thanks!

That's pretty much what I read into it is well, at least into the suggestion. That suggestion has been reported for likely TOS violation.

[Rixxyccfc 0]

now a lot of people may not like this so you'll get fired at but don't worry. you already said your intention wasn't to immigrate when you came in, so you won't be able to adjust through your son but when you marry your girlfriend you can adjust while in the U.S. and the overstay will be forgiven because she is a USC. now listen DO NOT LEAVE IF YOU OVERSTAY BECAUSE YOU WILL GET A BAN. adjust first than than you can travel freely. now you fon't have to get married while in the U.S. but if you do it will be much quicker. anyways if don't and decide to go back and get married outsidr the U.S. you will have to go for a spousal visa. AGAIN IT WILL BE MUCH QUICKER TO ADJUST WHILE IN THE U.S. and it is not illegal clearly you traveled back and forward before so you can easily proof your intention was not to immigrate like you stated. Good luck and whatever your choice is it i understand it is hard to be away from your kids.

Marriage to a USC for the purpose of obtaining permanent residency is visa fraud and would subject you to deportation and a ban. You might get away with it, but you you want to take the chance of not being able to see your son at all?

i'm not trying to get away with anything, simply asked how old a USC has to be to file for a family member. If you read my post again, i never said i was going to stay here or even implied it. I did state if i was ever going to apply for a visa it would be on the K-1 IF me and my current girlfriend decided thats what we want to do.

Thanks to everyone who responded to the question I asked, apart from this tool obviously

[htslogistics-john 1]

now a lot of people may not like this so you'll get fired at but don't worry. you already said your intention wasn't to immigrate when you came in, so you won't be able to adjust through your son but when you marry your girlfriend you can adjust while in the U.S. and the overstay will be forgiven because she is a USC. now listen DO NOT LEAVE IF YOU OVERSTAY BECAUSE YOU WILL GET A BAN. adjust first than than you can travel freely. now you fon't have to get married while in the U.S. but if you do it will be much quicker. anyways if don't and decide to go back and get married outsidr the U.S. you will have to go for a spousal visa. AGAIN IT WILL BE MUCH QUICKER TO ADJUST WHILE IN THE U.S. and it is not illegal clearly you traveled back and forward before so you can easily proof your intention was not to immigrate like you stated. Good luck and whatever your choice is it i understand it is hard to be away from your kids.

Marriage to a USC for the purpose of obtaining permanent residency is visa fraud and would subject you to deportation and a ban. You might get away with it, but you you want to take the chance of not being able to see your son at all?

i'm not trying to get away with anything, simply asked how old a USC has to be to file for a family member. If you read my post again, i never said i was going to stay here or even implied it. I did state if i was ever going to apply for a visa it would be on the K-1 IF me and my current girlfriend decided thats what we want to do.

Thanks to everyone who responded to the question I asked, apart from this tool obviously

exactly Rixxyccfc you never had or mentioned atleast on your post that you had an intention of staying here when you entered the U.S. thousands of couples do it every year they come in as a visitor and decide they actually want to get married and adjust as long as your intention wasn't to get married at first you are within the law. again good luck whatever you decide.

[trillium13 84]

Thanks to everyone who responded to the question I asked, apart from this tool obviously

I simply stated the facts. I'm sorry if you don't like it or if it's not the answer you prefer. Not sure how that makes me a tool, but whatever. The suggestion was made to you by another poster that you marry your girlfriend simply to get a GC so you can be with your kid. That IS visa fraud. USCIS isn't stupid.

If you want to marry her because you love her and want to spend the rest of your life with her, great. Fantastic. But in your post, you said you may want to marry her. And you were very clear about wanting to stay her in the states because of your son.

I'm trying to be helpful by pointing out to you that you need to tread carefully here. What you do is up to you. You might be able to do it just fine. But there is a risk and it is foolhardy to think that there isn't. It probably wouldn't hurt you to have a consultation with an immigration attorney.

Dog knows that not everyone on VJ is an expert.

[Rixxyccfc 0]

thats the thing my friend ANOTHER poster suggested i do that, i stated quite clearly that if i was to go down the marriage route i would use the k-1, hence why i am baffled at your threats to report me, i would have adjusted my status through my son if it had been possible , but i wont do it through marriage because we are not ready yet, as i already stated. is it really that hard to understand? never once did i suggest i would marrry just to stay here, that was your interpretation, which is wrong and i hope you understand that is why you are a tool

[Jamaican JNR 2]

my son is a USC, so is his mother, but we are no longer together, i often travel here on the VWP to visit him, never had a problem, i also have a girlfriend who is a USC we may plan to get married soon using a K-3 but nothing is decided yet. I am getting pretty sick of going back and forth and missing the vital times of my childs life, and he is too, i can never afford to be around all the time and im missing out on being a father to him, as all parents on here im sure can imagine, this situation causes stress and pain. my question is this, if i was to adjust my status as i am an immediate relative of my son right now(im 67 days into my allocated 90) would i be allowed to? given he is only 4 years old? i visited here again without the intention of staying but each time it gets harder and harder to leave him, plus im pretty attatched to my new girlfriend.

so does anyone know if the age thing is a barrier?

thanks in advance

Your son is too young to have any benefits to you. He should be at least 21 years old. Under the US immigration laws, if you were married to your sons mother or any other citizen then you could adjust status...