Advice please

[aaydrian 479]

The reasons I posted this question were:

1) to find out if there was anything WE could be doing to sway the immigration judge or how does he decide to approve our AOS on the spot. (no one has touched this)

2). What would you do regarding waiting to apply for the kids or sending it off now. This question has no right or wrong answer. This is your opinion.

You said that people already know their answer before they ask the question. I'm STILL looking for the answer to number 1. And as far as number 2 goes, I'm looking for answers that are not money motivated as I've already stated that at this point we might be willing to part with the $800 if it means the kids get here faster.

I did not discuss the children and their relationship with their dad. I did not tell you guy that they talk everyday, they they all cry at least once a month because they miss each other. How the kids cannot wait to get here and express this everyday.

(kids are 10 an 14. Live with their mother. Mother has already signed a letter releasing the kids.)

I don't know what you could do to sway a judge to approve your I-485 asap esp with the particulars of your case being that to the judge it will most likely seem as if your husband married you to stay in the US.

In regards to the children why not wait until you have a good idea of what will happen to your husband's pending legal issues before you decide to petition? Hope for the best and expect the worse. With that said ask yourself this question, what will I do if I somehow got the kids and but my husband gets deported? Your answer should make everything clearer and make your decision as it pertains to your step children easier.

[Olomi_811 130]

Perhaps you would like to post this somewhere besides the Nigeria portal. Maybe you'd have more success getting your answer.

[Kazulie 132]

I don't know what you could do to sway a judge to approve your I-485 asap esp with the particulars of your case being that to the judge it will most likely seem as if your husband married you to stay in the US.

In regards to the children why not wait until you have a good idea of what will happen to your husband's pending legal issues before you decide to petition? Hope for the best and expect the worse. With that said ask yourself this question, what will I do if I somehow got the kids and but my husband gets deported? Your answer should make everything clearer and make your decision as it pertains to your step children easier.

We would be in court to ask the judge to take him out of removal so we can continue on with the AOS. This is what everyone in our situation has to do. Sometimes the judge approves on the spot. Sometimes he approves but says we have to continue on with the AOS part at USCIS. So the "particulars" of my case is the same "particulars" that the judge has seen time and time before. I'm sure most of the people he sees that day will be in the same situation that we are in. I'm just trying to figure out what pushes them over the edge to approve on the spot, ya know?

If husband got deported, Then I need a good hair treatment because my hair will be a hot mess living in Nigeria!!! ?

Perhaps you would like to post this somewhere besides the Nigeria portal. Maybe you'd have more success getting your answer.

I didn't posit it in the Nigeria thread. I guess it just bounced here because this is my country in my profile?!?!?!

[Boiler 46,278]

The reasons I posted this question were:

1) to find out if there was anything WE could be doing to sway the immigration judge or how does he decide to approve our AOS on the spot. (no one has touched this)

2). What would you do regarding waiting to apply for the kids or sending it off now. This question has no right or wrong answer. This is your opinion.

You said that people already know their answer before they ask the question. I'm STILL looking for the answer to number 1. And as far as number 2 goes, I'm looking for answers that are not money motivated as I've already stated that at this point we might be willing to part with the $800 if it means the kids get here faster.

I did not discuss the children and their relationship with their dad. I did not tell you guy that they talk everyday, they they all cry at least once a month because they miss each other. How the kids cannot wait to get here and express this everyday.

(kids are 10 an 14. Live with their mother. Mother has already signed a letter releasing the kids.)

1. Appoint a really good lawyer.

2. You can directly apply as their step mother. The issue I see is if they end coming to the US and their Father heads home. From timing that would be your call.

[aaydrian 479]

We would be in court to ask the judge to take him out of removal so we can continue on with the AOS. This is what everyone in our situation has to do. Sometimes the judge approves on the spot. Sometimes he approves but says we have to continue on with the AOS part at USCIS. So the "particulars" of my case is the same "particulars" that the judge has seen time and time before. I'm sure most of the people he sees that day will be in the same situation that we are in. I'm just trying to figure out what pushes them over the edge to approve on the spot, ya know.

Going go out on a limb here so don't crucify me if of doesn't work. Try to gather supporting evidence that would illustrate that your relationship had been going on for a while before even this 'mess' started, that despite the issues at hand your husband had original & honest intentions to marry you in the near future or around the time you actually got married, show how integrated he his in your family life (that is your parents, extended family friends) & the community in which you reside (volunteering), enrollment in school etc. Pretty much anything that will show that he is a vital part of an immediate & wider American family.

If husband got deported, Then I need a good hair treatment because my hair will be a hot mess living in Nigeria!!! ?

Lol

Well if that's the case I would wait even if it should take another year. Because with a worse case scenario your step kids are going to end up back in Nigeria anyway. But since you have the cash to spare go on right ahead.

If you're still not comfortable with our advice or what you're thinking of doing, as Boiler said, get a an immigration lawyer with experience in your current circumstances.

[Kazulie 132]

Thanks for everyone's responses.

I think it may be best to at least wait until we get an Noa2 from my husband's I-130. I'm going to try my best to hold off on the kids' I-130s until after my husband's interview, but I'm not promising anything! :-/ I'm hoping to get our NOA2 very soon (will be 6 months on Monday!!!)

Timing is very crucial in our case. Our eldest son will be going into high school this year and it would have been nice for him to start in the beginning of the year instead of being new to the country AND transferring into a new school in the middle of the year. We also missed out on selective enrollment schools because he won't be here on day 1 of his high school journey and for selective enrollment you have to be. We also have an awesome opportunity for the kids to attend a $25K/year/kid school on a full scholarship but I am scared to ask what happens if they are not here on day 1 of the year.

So, the goal is to wait until we see how my husband's interview goes but DEFINITELY wait until his NOA2 come. I'll keep you posted on what actually happens!