Will prior abandoned process for ex and his kids affect my current petition for my natural born son?

[Gigli2008 70]

Long story short - I brought my now ex-husband to the US with his 2 sons via K3/K4 (129F) 3 years ago. Five months after they arrived they left after having found a job and apartment. I think he may have been misguided into thinking that nothing else was needed to be done and that they were okay. We did not even get to filing the Adjustment of Status from 129 and complete the I-130 process so they can be issued LPR status. I am not going to get into the nitty-gritty details. Anyway, after their K3/K4 visa's via 129 expired 2 years after issued,(and trying to locate him, in vain), I filled for a divorce (on the grounds of abandonment) and it was granted.

Now, nearly six months ago, I filled IR-2 for my natural born son who will turn 17 this May 2012. My question is. Since, the Adjustment of Status for my ex and his sons was abandoned, and they are still in the country (now illegally), And I know that I am responsible for any financial burden on any government funds they may receive, will my petition for my natural born son be in any jeorpady? Will it be processed on it's own individual merit, or will the other abandoned petitions be held against me and my son?

If anyone has any answers, I will really appreciate.

[Ben and Jill 37]

Long story short - I brought my now ex-husband to the US with his 2 sons via K3/K4 (129F) 3 years ago. Five months after they arrived they left after having found a job and apartment. I think he may have been misguided into thinking that nothing else was needed to be done and that they were okay. We did not even get to filing the Adjustment of Status from 129 and complete the I-130 process so they can be issued LPR status. I am not going to get into the nitty-gritty details. Anyway, after their K3/K4 visa's via 129 expired 2 years after issued,(and trying to locate him, in vain), I filled for a divorce (on the grounds of abandonment) and it was granted.

Now, nearly six months ago, I filled IR-2 for my natural born son who will turn 17 this May 2012. My question is. Since, the Adjustment of Status for my ex and his sons was abandoned, and they are still in the country (now illegally), And I know that I am responsible for any financial burden on any government funds they may receive, will my petition for my natural born son be in any jeorpady? Will it be processed on it's own individual merit, or will the other abandoned petitions be held against me and my son?

If anyone has any answers, I will really appreciate.

I would reach out to "Inky", "Harpa Timsah", or "JimVaPhuong" ~ they are very knowledgable VJ members and should be able to give you some guidance. Hopefully, others will chime in as well. Good luck with everything and be blessed.

[VanessaTony 3,567]

I don't know enough about the K3/K4's to know if you did the I-134 or the I-864 (I think it was just the I-134 right?). If you completed an I-864 for them then technically you're supposed to include them on your son's petition. So that's 3 extra people in your household count. I say "technically" because if they don't have LPR status then the I-864 is irrelevant.

Their abandoning though shouldn't matter because he's your son which is a different situation.

[RickJovi 81]

I don't know enough about the K3/K4's to know if you did the I-134 or the I-864 (I think it was just the I-134 right?). If you completed an I-864 for them then technically you're supposed to include them on your son's petition. So that's 3 extra people in your household count. I say "technically" because if they don't have LPR status then the I-864 is irrelevant.

Their abandoning though shouldn't matter because he's your son which is a different situation.

Since she never got to file AOS, I thought that her Support Affadavit would be void if they are here illegally. I am not an expert, but if they don't have conditional green cards and are not LPR, how can she be held financally reaponsible. I would try to see if they can be found by running a background check and if you can find then report them to ICE for deportation since they are illegally here and appeared to have used you.

[Gigli2008 70]

I don't know enough about the K3/K4's to know if you did the I-134 or the I-864 (I think it was just the I-134 right?). If you completed an I-864 for them then technically you're supposed to include them on your son's petition. So that's 3 extra people in your household count. I say "technically" because if they don't have LPR status then the I-864 is irrelevant.

Their abandoning though shouldn't matter because he's your son which is a different situation.

I couldn't include them in my son's petition because at that point we were already divorced. The Petition for my son did not ask for I-864/I-134.

[Gigli2008 70]

I would reach out to "Inky", "Harpa Timsah", or "JimVaPhuong" ~ they are very knowledgable VJ members and should be able to give you some guidance. Hopefully, others will chime in as well. Good luck with everything and be blessed.

Thanks Ben and Jill.

[aaron2020 11,651]

The I-864 Affidavit of Support does not matter. The OP is a US citizen. Her son will be 17 years old in May 2012. If the case proceeds normally, he will surely be admitted to the US before his 18th birthday in May 2013. Under the Child Citizenship Act, he will automatically derive US citizenship if he is under age 18 when he is admitted to the US as an LPR. The OP can bypass the I-864 requirement by filing Form I-864W. The I-864W is an exemption of the Affidavit of Support.

The case for the ex-husband and his children will not affect the OP's case for her son.

Edited February 13, 2012 by aaron2020

[Gigli2008 70]

The I-864 Affidavit of Support does not matter. The OP is a US citizen. Her son will be 17 years old in May 2012. If the case proceeds normally, he will surely be admitted to the US before his 18th birthday in May 2013. Under the Child Citizenship Act, he will automatically derive US citizenship if he is under age 18 when he is admitted to the US as an LPR. The OP can bypass the I-864 requirement by filing Form I-864W. The I-864W is an exemption of the Affidavit of Support.

The case for the ex-husband and his children will not affect the OP's case for her son.

Thanks @aaron2020. I hope you don't mean it will take till May 2013 to get my son here, but that he would beat that deadline. I also thought that the age is frozen to the age he was when I applied for him. My NOA2 is overdue by a few weeks. Hopefully if I get the NOA2 soon, it will be saying that my case has been forwarded to NVC for Visa processing and then on to the Consulate.

Thanks for your response. Really appreciate it.

[aaron2020 11,651]

Thanks @aaron2020. I hope you don't mean it will take till May 2013 to get my son here, but that he would beat that deadline. I also thought that the age is frozen to the age he was when I applied for him. My NOA2 is overdue by a few weeks. Hopefully if I get the NOA2 soon, it will be saying that my case has been forwarded to NVC for Visa processing and then on to the Consulate.

Thanks for your response. Really appreciate it.

I did not say that the case for your son will take til May 2013. I said he should be here by then if the case proceed normally because it usually only takes about 6-12 months for a US citizen to petition for a child under age 21.

Do not confuse different laws; the Child Status Protection Act (CSPA) and the Child Citizenship Act (CCA) deal with different benefits.

Under the CSPA, your son's age froze for immigration purposes when you filed the I-130. The CSPA does not deal with US citizenship.

Under the CCA, your son's age is NOT frozen. He must be admitted to the US as an LPR before his 18th birthday to receive a benefit.

Edited February 14, 2012 by aaron2020

[VanessaTony 3,567]

So you haven't actually filed an IR-2, you just thought that's what it is (you filed an I-130, the visa type depends on your circumstances). You actually filed an F1 which is for "Unmarried son and daughters of USC's". The current wait time is around 6-7 years. Maybe I'm missing something but I'm pretty sure I'm not.

Please see the current visa bulletin. This is Feb's: http://www.travel.state.gov/visa/bulletin/bulletin_5640.html and it explains the different visa types for you.

Edited February 14, 2012 by Vanessa&Tony

[VanessaTony 3,567]

The I-864 Affidavit of Support does not matter. The OP is a US citizen. Her son will be 17 years old in May 2012. If the case proceeds normally, he will surely be admitted to the US before his 18th birthday in May 2013. Under the Child Citizenship Act, he will automatically derive US citizenship if he is under age 18 when he is admitted to the US as an LPR. The OP can bypass the I-864 requirement by filing Form I-864W. The I-864W is an exemption of the Affidavit of Support.

The case for the ex-husband and his children will not affect the OP's case for her son.

Proceeds normally? For an F1 visa it's a 6-7 year wait. I believe she incorrectly assumes he would be an IR-2 but it doesn't fit her circumstances (unmarried son of USC petitioned by himself and not as part of an IR-1 petition so therefore not an IR-2).

Edited February 14, 2012 by Vanessa&Tony

[VanessaTony 3,567]

Since, the Adjustment of Status for my ex and his sons was abandoned, and they are still in the country (now illegally), And I know that I am responsible for any financial burden on any government funds they may receive, will my petition for my natural born son be in any jeorpady? Will it be processed on it's own individual merit, or will the other abandoned petitions be held against me and my son?

How do you know he didn't try and claim VAWA?

[aaron2020 11,651]

Proceeds normally? For an F1 visa it's a 6-7 year wait. I believe she incorrectly assumes he would be an IR-2 but it doesn't fit her circumstances (unmarried son of USC petitioned by himself and not as part of an IR-1 petition so therefore not an IR-2).

This is not a Family Preference 1 (F1) case. The son is 16 years old, and the OP is a US citizen. This is an Immediate Relative case. It takes 6-12 months.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=17be95c4f635f010VgnVCM1000000ecd190aRCRD&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1RCRD

Immediate Relatives

Certain immigrants who because of their close relationship to U.S. citizens are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older.

How do you know he didn't try and claim VAWA?

Why does this matter? The OP did not complete the process so the I-864 did not become binding. Under the VAWA, the applicant (her ex-husband) files on his own.

Edited February 14, 2012 by aaron2020

[JimVaPhuong 4,863]

Aaron is correct on every point.

[Gigli2008 70]

I did not say that the case for your son will take til May 2013. I said he should be here by then if the case proceed normally because it usually only takes about 6-12 months for a US citizen to petition for a child under age 21.

Do not confuse different laws; the Child Status Protection Act (CSPA) and the Child Citizenship Act (CCA) deal with different benefits.

Under the CSPA, your son's age froze for immigration purposes when you filed the I-130. The CSPA does not deal with US citizenship.

Under the CCA, your son's age is NOT frozen. He must be admitted to the US as an LPR before his 18th birthday to receive a benefit.

Got it. Thanks @aaron2020.