Kids to come visiting/ filing ROC

[mbs2016 0]

Good day VJ family,

i am sorry if i posted in the wrong section. i am new to this site but heard some positive feedback through a friend. Let me say thank you to the good work you have been here. My case goes thus:

I am a GC holder (Conditional - approved first week in July 2016). My wife (USC) suggested/wanted my kids (8, 6yrs) from past relationship (home country) to come visiting in US during Xmas/New Year. My fear now is if the boiz come around and refuse to go back....Can we adjust for their status while my ROC not yet due, if yes hope this wont affect my ROC when time comes (NB i adjusted my status with co-sponsor).

Thank you for your anticipated help.

[Boiler 46,144]

What is a boiz?

Which country are you from?

How did you enter the US?

[mbs2016 0]

@Boiler

What is a boiz? - Sorry for the error - i meant the kids

Which country are you from? - Nigeria

How did you enter the US? - B2

[Boiler 46,144]

Do the children have B Visa's.

At their age you decide what they do, not them.

Obviously the Mother would also have a say.

[mbs2016 0]

@Boiler, i really appreciate your responses.....kindly advise me on how best to handle this without violating any US immigration Laws and without affecting my ROC when time comes.

[Boiler 46,144]

All of this is moot unless they have visa's to visit the US, do they?

[Merrytooth 5,748]

Father obtained tourist visa and then AOS inside US.

What are the odds of the kids being approved for tourist visa (if they do not have tourist visa yet)

[newacct 688]

Your ROC has nothing to do with this. Your ROC only has to do with the the genuineness of your relationship with your wife.

There is no reason why you should fear that they won't go back -- rather, it's the consular officer or immigration officer who might fear that they won't go back and and refuse them the visa or deny them entry.

If they are here and refuse to leave, and the children's mother consent to them staying here, your wife could petition them as stepchildren and they could do Adjustment of Status. But they should not come to the US planning to do this.

[aaron2020 11,651]

Your children are 8 and 6 years old. They don't get to decide where they live. That's up to you and their mother.

Planning to adjust status by entering on visitor visas is immigration fraud.

Do immigration the right way. Don't plan on committing immigration fraud.

[Ontarkie 14,503]

~~Moved to Bringing Family of USC to America, from DACA~~

[mbs2016 0]

@boiler, @newacct, @aaron2020, i did appreciate you helpful advise and explanations. I need your advice one more time.....kindly advise me on process to follow for my wife to petition for my kids (her stepsons). Pls dont forget that these kids are not in US and how long would the process take. Thank you once again

[EM_Vandaveer 2,417]

She'd have to file separate I-130s for each child. You need the children's mother's permission for the children to immigrate to the US. The process takes about a year.