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leeandcorinne

Returning my 13 yr old son from France after he left US prior to me submitting the I-485 Adjustmnt of Status

By leeandcorinne in Bringing Family Members of Permanent Residents to America

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leeandcorinne Community Regular

leeandcorinne   1

Posted
Filed: AOS (apr) Country: France
 Timeline
Posted

My son and I arrived via K-1 fiancee visa. Two and one half years after arriving, I had to send my son (now 13 yrs old) back to France in compliance with shared participation with his father.

The I-485 Adjustment of Status had not been filed when he departed to France this last June, 2014.

I am in the final steps of filing the I-485 and need help to determine what forms, actions etc I need to do to have my son be able to re-enter the U.S.

He is scheduled to return in June, 2015. He may be returning with me after I travel to France but I am not sure as the I-485 will need to be approved (or the I-131 approved) for that to happen.

I hope the forum can tell me what I need to do as I do not want to miss the proper filing of forms etc with the I-485 if needed.

Thank you in advance for all of your help.

Corinne

I 129F sent: 29/04/2011
Noa1: 02/05/2011
Noa2: 19/07/2011 (took 77 days to get approved )
NVC received: 08/08/2011
NVC left: 24/08/2011
Consulate received : 29/08/2011
Packet 3 received : 10/09/2011
Packet 3 sent back to embassy : 15/09/2011
Packet 4 received : 07/10/2011
INTERVIEW : 13/10/2011
APPROVED
Visa in hand : 20/10/2011
POE: 21/10/2011
WEDDING : 3/12/2011

Filed AOS in December 2014

After 1 year and 5 months I got approved (one RFE and a letter 1 year ago of a potential waiver interview)

Approval 13 May 2016! :dancing:

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted (edited)

Your son entered the usa on a k2. He was not in the usa when you filed for his AOS or you did not file an AOS for him?

Your spouse needs to petition him as a CR2, stepchild of a USC. This may not be finished until long after he is due to arrive which may mean pushing his return date. His process will now be vastly different than yours and he will need to attend an interview in France. He cannot enter the USA with intent to stay without and appropriate visa.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Boiler Grand Master

Boiler   46,144

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Assume about a year or so, difficult to tell as recent changes have put a lot of stress on the system.

Only thing to be certain is that it will not be next summer.

If he wants to visit he would need a B2 visa, at his age he will not have a ban.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

leeandcorinne Community Regular

leeandcorinne   1

Posted
Filed: AOS (apr) Country: France
 Timeline
  • Author
Posted

No NLR I did not file for AOS before his departure.

Thank you for your replies.

I 129F sent: 29/04/2011
Noa1: 02/05/2011
Noa2: 19/07/2011 (took 77 days to get approved )
NVC received: 08/08/2011
NVC left: 24/08/2011
Consulate received : 29/08/2011
Packet 3 received : 10/09/2011
Packet 3 sent back to embassy : 15/09/2011
Packet 4 received : 07/10/2011
INTERVIEW : 13/10/2011
APPROVED
Visa in hand : 20/10/2011
POE: 21/10/2011
WEDDING : 3/12/2011

Filed AOS in December 2014

After 1 year and 5 months I got approved (one RFE and a letter 1 year ago of a potential waiver interview)

Approval 13 May 2016! :dancing:

Boiler Grand Master

Boiler   46,144

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

When he enters he will get a Green Card.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

leeandcorinne Community Regular

leeandcorinne   1

Posted
Filed: AOS (apr) Country: France
 Timeline
  • Author
Posted

Ok, thank you very much. Very helpful.

I 129F sent: 29/04/2011
Noa1: 02/05/2011
Noa2: 19/07/2011 (took 77 days to get approved )
NVC received: 08/08/2011
NVC left: 24/08/2011
Consulate received : 29/08/2011
Packet 3 received : 10/09/2011
Packet 3 sent back to embassy : 15/09/2011
Packet 4 received : 07/10/2011
INTERVIEW : 13/10/2011
APPROVED
Visa in hand : 20/10/2011
POE: 21/10/2011
WEDDING : 3/12/2011

Filed AOS in December 2014

After 1 year and 5 months I got approved (one RFE and a letter 1 year ago of a potential waiver interview)

Approval 13 May 2016! :dancing:

leeandcorinne Community Regular

leeandcorinne   1

Posted
Filed: AOS (apr) Country: France
 Timeline
  • Author
Posted

I am sending in the I-485 today but I am not sure if I should still put my 13 yr old son on as "applying with you...yes" if he has gone back to France without having first filed the AOS for him before leaving and will now have to come back through the I-130 petition.

My son had been listed as "applying with you...yes" on all documentation from the beginning of the I-129f process.

I don't want to disrupt or delay the processing of my I-485.

Can anyone tell me what I need to do?

I 129F sent: 29/04/2011
Noa1: 02/05/2011
Noa2: 19/07/2011 (took 77 days to get approved )
NVC received: 08/08/2011
NVC left: 24/08/2011
Consulate received : 29/08/2011
Packet 3 received : 10/09/2011
Packet 3 sent back to embassy : 15/09/2011
Packet 4 received : 07/10/2011
INTERVIEW : 13/10/2011
APPROVED
Visa in hand : 20/10/2011
POE: 21/10/2011
WEDDING : 3/12/2011

Filed AOS in December 2014

After 1 year and 5 months I got approved (one RFE and a letter 1 year ago of a potential waiver interview)

Approval 13 May 2016! :dancing:

 
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