Jump to content
M&M0915

Filing I-130 for an out of status stepchild?

By M&M0915 in Adjustment of Status from Work, Student, & Tourist Visas

 Share

32 posts in this topic

Recommended Posts

M&M0915 Apprentice

M&M0915   0

Posted
Filed: AOS (pnd) Timeline
Posted

Hi everyone, I'm new at VJ, I've been reading & learning a lot from here, grateful to be a part of VJ

I will go straight to my question,

My US Citizen husband & I (beneficiary) are now preparing all the documents we need to file for my AOS, Me and my 14 yr old daughter came here with a tourist visa 8 yrs ago,( obviously, we are currently out of status)

My question is CAN MY HUSBAND ALSO FILE i -130 FOR MY OUT OF STATUS DAUGHTER?, at the same time He will file my I -130?

Is my daughter will be allowed to adjust status just likeme without being put in deportation?(because I know that SPOUSES OF USC can be"forgiven" with issues like overstaying right?) but I am not sure if the same applies for my daughter since she is not an "immediate relative" of a US CITIZEN(my husband)

Or do I just have to wait for my Green Card and I will be the one filing a petition for her?

PLS HELP!!! Thank you very much in advance! All your inputs will be truly appreciated.

Link to comment
Share on other sites
  • Replies 31
  • Created
  • Last Reply

Top Posters In This Topic

Popular Days

Top Posters In This Topic

Popular Days

Popular Posts

Transborderwife
Transborderwife

Yes it is a simple overstay. Not likely illegal work or claims to citizenship for the child Overstay regardless of amount of time is usually simple.

newacct
newacct

"Simple" means just overstay, nothing else (like leaving after overstay). "overstay" by itself (regardless of how long) has no effect on Adjustment of Status as an Immediate Relative. It is just irrel

Transborderwife
Transborderwife

No, you're right it's a civil offence to overstay which does make it more and more difficult for others from your home country to obtain non immigrant visas.Not to answer the previous question: no, sc

ChrisNina27 Contributor

ChrisNina27   3

Posted
Filed: IR-1/CR-1 Visa Country: Italy
 Timeline
Posted

Since your husband is a USC he can file for both of you at the same time, your daughter his "stepchild" can also file for AOS while staying in the U.S

USCIS

24 July 2014 - Marriage :wub:

18 August 2014 - I130 sent
19 August 2014- PRIORITY DATE
20 August 2014 - I130 NOA1
:clock:
24 March 2015 - Case was transferred from VSC to CSC :huh:
18 May 2015 - I130 approved NOA2 (271 days )

NVC

17 June 2015- NVC received

17 June 2015- DS261, AOS BILL, IV BILL received

Website down :ranting::protest:
22 June 2015 - AOS BILL, IV BILL paid by mail
22 June 2015 - DS261 submitted by mail
05 July 2015 - WEBSITE BACK ON :dance:
05 July 2015 - DS260 completed
11 July 2015 - AOS & IV package sent
13 July 2015- AOS & IV package received
28 July 2015- Case Complete :D:dance:

19 August 2015 - Mailed & emailed upgrade from F2A to CR1 :thumbs:
27 August 2015- Received email stating that our embassy does not participate in NVC'S electronic processing program therefore we should submit forms through mail (which we had already) :cry:
02 September 2015 - Spoke to supervisor Silvia about our upgrade, found out whoever reply to our email was wrong and she was going to take a look at our case :rolleyes:

09 September 2015 - Confirmed upgrade F2a to CR1 through the phone with Supervisor Silvia (she's an angel) :D
Waiting for Interview date for Naples, Italy :clock:

11 September 2015 - Interview date scheduled for 28th October 2015 :D
14 September 2015 - Received P4 letter email ( interview letter) :dancing:

20 September 2015 - CEAC status changed to IN TRANSIT :thumbs:

21 September 2015 - CEAC status change to READY

NAPLES EMBASSY

27th October 2015 - Medical exam

28th October 2015 - interview (approved!!!) :D :dance:

waiting for news about passport and visa :clock:

4th November - CEAC status changed to ISSUED

5th November - VISA in hand ... yesssss finally! #blessed

8th November - POE MIAMI (the whole process took about 45mn)

19th November - Received SSN by mail ( I had applied for it when asked if i wanted to be issued a SSN in the DS260)

23rd December- Received GC by mail (it took about 45 days from POE) finally :dancing:

Link to comment
Share on other sites
teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Yes, he'll need to file a separate I-130. Since you got married before your child turned 18, she can be petitioned by your USC husband.

"The spouses, biological children, step-children who were under 18 at the time of marriage, and parents of U.S. citizens are considered the closest relatives, and as a result they are not subject to the green card quota system and the waiting period. Also, immediate relatives of U.S. citizens can still obtain the green card, even if they are in the U.S. and have overstayed their visa. "

http://www.immigrationvisausa.com/Immigration_Law/Family_Immigration.aspx

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Link to comment
Share on other sites
M&M0915 Apprentice

M&M0915   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Thank you for your reply @ ChrisNina27

I thought because my daughter is out of status, that she might be put in a 10yr ban and wont be allowed to adjust status here, It's a relief to kniw that she can adjust status with me here in US?

Link to comment
Share on other sites
teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Yes, file a separate I-864 for your daughter.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Link to comment
Share on other sites
M&M0915 Apprentice

M&M0915   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Thank you again @teeak!

i know for sure that we will have a co-sponsor because my husband's income might not meet the required income for household of 3,

Can our Co- sponsor just fill out ONE i 864 for me and my daughter? Or we need EACH /Separate I 864 from our Co sponsor too?

Link to comment
Share on other sites
teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Your husband will complete one I-864 for you and another for your daughter. The co-sponsor will complete one I-864 for you and another for your daughter.

These AOS packages will be separate because the I-130 petition for spouses has no derivatives. This is why they are 2 different cases.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

Link to comment
Share on other sites
M&M0915 Apprentice

M&M0915   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Oh I see, I truly appreciate all your replies @teeak!

For sure it will be a long road but I am patient and will be reading a lot from here to help and guide me with my journey.

Link to comment
Share on other sites
Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Yes you can. Check the box that says "permission to accept employment" even though she won't be working. You will be able to use her EAD to obtain a social security number for her.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites
M&M0915 Apprentice

M&M0915   0

Posted
Filed: AOS (pnd) Timeline
  • Author
Posted

Thank you @ hypnos, yup I was confused when i saw the i 765 form. Thanks for making it clear.

Some people area dvising us to get a lawyer but a lot of thread i have read, had been telling too that you dont need a lawyer to hire for AOS, do you guys would consider to hire a kawyer in our case?

Im sorry for typo error I mean *advising & * lawyer

Link to comment
Share on other sites
Hypnos Grand Master

Hypnos   6,576

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

You certainly could hire a lawyer and bear the additional expense, although nothing in what you've said so far indicates that you have anything other than a simple overstay for two immediate relatives.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Link to comment
Share on other sites
Mike-eeh and Odie Community Regular

Mike-eeh and Odie   193

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

You certainly could hire a lawyer and bear the additional expense, although nothing in what you've said so far indicates that you have anything other than a simple overstay for two immediate relatives.

8 years is a simple overstay? I would definitely get a lawyer.

Link to comment
Share on other sites
Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted (edited)

8 years is a simple overstay? I would definitely get a lawyer.

Yes it is a simple overstay. Not likely illegal work or claims to citizenship for the child Overstay regardless of amount of time is usually simple. Edited by Transborderwife
Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...