AOS marriage based

[Imgone 0]

I just got married to a beautiful woman from Panama and my question has two parts.

1. We married in Nov 18 what do I need to do to Adjust status?

2. Her son is still in Panama what do I need to do to bring him here?

All The help you can give would be great and Thank You.

[Killer_Clown_2009 0]

I'm assuming she is already in the US:

You should check out this guide:

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

I don't know about how you will bring her son to the US. I'm thinking you would file an I-130 petition for alien relative for him and go from there, but I could be completely wrong, there may be a better/different way to do it.

[Peikko 1,575]

Depends on how old the son is as to how long that might take. If the son is over 21 that could take years. Check the bringing family members immigration forums for a better idea on that.

[Girona40 0]

I just got married to a beautiful woman from Panama and my question has two parts.

1. We married in Nov 18 what do I need to do to Adjust status?

2. Her son is still in Panama what do I need to do to bring him here?

All The help you can give would be great and Thank You.

Depends on the circumstances of your marriage. Did she enter the US on a K-1? If she did and the child was listed on the I-129F application (which she should have been) then the child can "follow to join" the mother on a K-2. That shouldn't take very long at all. If, however, the mother was here on some other visa, or not on one at all, it is a different story.

Depending on the age of the child when you married, you may be considered the stepfather of the child (as per the USCIS' definition) and can file an I-130 for him.

More information needed really to give you a proper answer.

[Imgone 0]

Well she is here on a visitor visa but she plans on returning to panama at the end of december her I-94 runs out in march. The son is 16 I need to find out what the proper route would be.

[Girona40 0]

Well she is here on a visitor visa but she plans on returning to panama at the end of december her I-94 runs out in march. The son is 16 I need to find out what the proper route would be.

Okay, if she is planning on returning to Panama at the end of December, you will need to file an I-130 for your wife and your step-child for them to receive a K-3 and K-4 visa. This process may take a considerable time. I am not sure how long exactly (someone else on here may be able to answer that), but the I-130 has to be approved first, before the visa is issued.

The alternative is for your wife to stay in the US and apply for Adjustment of Status. Even though she came in on a visitor's visa, as long as she can prove she didn't come in with the intention of marrying a USC, they usually forgive the fact that she didn't have a fiance visa. Also, they forgive an overstay if you are married to a USC. File anI-130 for the child, with you as petitioner (because they are your step-child). At the moment these applications i.e. USC petitoning for stepchild, are taking about 8 months.

Personally, I would go for the latter. I am not an attorney, so you may want to consider an appointment with one just to ask this question. You wouldn't necessarily need to hire an attorney to file for you, but you can often get the first consultation free of charge.

Edited November 27, 2006 by Girona40