Step son wants to g back

[Ron4 22]

My Fiance and her two children came on a K-1 visa, we got married within 90 days and then started saving for AOS. We have filed my wifes and were saving up for the two kids.

Now they want to go back to their home country and and stay with their father. Please don't go into all the reasons why or why not and if it's a good idea or not, believe me we have gone over that many times.

My concern is that they will get there and eventually want to come back.

Will their leaving before AOS get them a ban on applying for another visa? Or another problem that I haven't thought of or heard about?

Thanks

[Hypnos 6,578]

Minors do not accrue unlawful presence until they turn 18, so provided they are both under 18 then they won't have any overstay issues which may cause them difficulties in receiving a US visa in the future.

Once they have departed then they could be re-petitioned by you (through an immediate relative I-130, provided you married before the child turned 18) or your wife (on an I-130 under the F2A family preference category); you should probably only use this route if you are not able to petition for the children because you married after they turned 18, as that method would be faster.

Edited December 2, 2013 by Hypnos

[bigdog 376]

Good Luck resolving this..

[Pitaya 2,577]

Good Luck resolving this..

Agree~

[c12h22oh 11]

My Fiance and her two children came on a K-1 visa, we got married within 90 days and then started saving for AOS. We have filed my wifes and were saving up for the two kids.

Now they want to go back to their home country and and stay with their father. Please don't go into all the reasons why or why not and if it's a good idea or not, believe me we have gone over that many times.

My concern is that they will get there and eventually want to come back.

Will their leaving before AOS get them a ban on applying for another visa? Or another problem that I haven't thought of or heard about?

Thanks

Truthfully speaking without mention the area you forbidden to mention; this scenario is a recipe for disaster. since the point of immigration view and the way is writing

yes the kids have the opportunity to be claim again before reach 18 years old, if you relation survived; good luck, you going to need it ...this is a very complicate scenario like sit on a time bomb.