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M&M0915

Filing I-130 for an out of status stepchild?

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

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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

newacct Experienced

newacct   688

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

"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 irrelevant.

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M&M0915 Apprentice

M&M0915   0

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Filed: AOS (pnd) Timeline
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I'm a bit confused with our i -864!

So we are supposed to have separate I -864 right...

In my I 864, i know in part 2 that I am the principal immigrant and my daughter's information to be put in part 3 (family member 1) am I right here?

And for my daughter's I 864...

Am I supposed to put her as principal immigrant in part 2? Since this I 864 is for her? And my information as her mother(principal beneficiary) in part 3 as family member 1?

Or

Am i just supposed to duplicate my own I 864? And just pit this other duplicate of my I 864 to my daughter's packet/application?

Thanks again in advance.

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newacct Experienced

newacct   688

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Filed: Timeline
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I'm a bit confused with our i -864!

So we are supposed to have separate I -864 right...

In my I 864, i know in part 2 that I am the principal immigrant and my daughter's information to be put in part 3 (family member 1) am I right here?

No. Family members are derivative beneficiaries. There are no derivative beneficiaries on this petition. Your daughter is on another petition. The form says not to include her.

And for my daughter's I 864...

Am I supposed to put her as principal immigrant in part 2?

yes

Since this I 864 is for her? And my information as her mother(principal beneficiary) in part 3 as family member 1?

Again, no family members.
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M&M0915 Apprentice

M&M0915   0

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Filed: AOS (pnd) Timeline
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Hi everyone

I need your help again.. I came across the I 485 form, in PART 3 B, where I have to put my daughter's information (who I have learned from all of you will be filled separately with her I 130, I 485 & I864- she will be petition by my USC husband as a stepchild)

My question is DO I HAVE TO CHECK "YES" to the question that says "applying with you"?

Or "NO" since she is going to have her own I 485 form?

Please enlighten me again. Thank you very much!

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Hypnos Grand Master

Hypnos   6,576

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Filed: Citizen (apr) Country: United Kingdom
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Answer "Yes", since she is applying with you. This likely means they try to keep the applications together and schedule them for biometrics and interviews at the same time.

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

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ydaoc Contributor

ydaoc   0

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Filed: Other Country: Iceland
 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.

Sorry I am jumping into your thread, but how has your daughter managed to go to school being there illegally for so many years?

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teeak Proficient

teeak   224

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Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Sorry I am jumping into your thread, but how has your daughter managed to go to school being there illegally for so many years?

Students are able to attend public school here even if they're out of status or undocumented. This was ruled in a US Supreme court case in the 1980s.

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

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ydaoc Contributor

ydaoc   0

Posted
Filed: Other Country: Iceland
 Timeline
Posted

"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 irrelevant.

So it can actually be good to overstay before AOS?

Students are able to attend public school here even if they're out of status or undocumented. This was ruled in a US Supreme court case in the 1980s.

But wont the school contact the government and have people deported if illegal criminals' children are attending school?

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teeak Proficient

teeak   224

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

Nope, schools aren't actually allowed to require students/parents to disclose their immigration status, require social security numbers or make inquiries that would reveal their immigration status.

Also...criminals? Do you mean immigrants?

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

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ydaoc Contributor

ydaoc   0

Posted
Filed: Other Country: Iceland
 Timeline
Posted

Nope, schools aren't actually allowed to require students/parents to disclose their immigration status, require social security numbers or make inquiries that would reveal their immigration status.

Also...criminals? Do you mean immigrants?

lol sorry, I just thought being illegally is criminal so i was mixing the words up, no pun intended and thanks for the info!

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