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Filed: IR-1/CR-1 Visa Country: Jamaica
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Posted

Hi guys,

I have a very unique case that I'm looking for any advice on. My husband and I were recently married he lives outside the US I filed his I-130 paperwork. The problem is with my step kids they have overstayed their b2 visa almost 5 years when they came here with their mom.They are ages 12 and 7, they are in the custody of their mom. At some point next year if possible I would like to do an adjustment of status for the kids but I'm worried it might not be possible since they live in another state. There's not a great deal of phone conversation with them. They were here for our wedding last month and did take part in it. We are planning our first family Christmas for December my question is do you guys wether by knowledge or experience think I can file for them?

Thank you guys for your responses in advance.

Posted

@ Lenchick yes their mom overstayed too and I-130 form ask us to lists all his kids.

I am not 100% sure so don't take my words as anything absolute. I will try to tell from my own experience. You can petition for your step kids if they are in your husband's custody or if their biological parent gives consent, ditto their mother. Since they are overstayed and you state they are in the states, logically their mother will likely get in trouble for that and might be in removal proceedings and the children would have to go with her? I believe children should not be held responsible for overstaying. Anyway, your husband should get the full custody to make this work

Filed: Country: Vietnam (no flag)
Timeline
Posted

I am not 100% sure so don't take my words as anything absolute. I will try to tell from my own experience. You can petition for your step kids if they are in your husband's custody or if their biological parent gives consent, ditto their mother. Since they are overstayed and you state they are in the states, logically their mother will likely get in trouble for that and might be in removal proceedings and the children would have to go with her? No. USCIS is not going to go after the mother since she is a low priority. There is nothing in the law that says the father has to have custody for the OP to file. Instead of using your sense of "logic," you should research the law before posting. I believe children should not be held responsible for overstaying. It's great that you believe that. Now, what does the law say? Anyway, your husband should get the full custody to make this work Why? What law requires that he has full custody in order for the kids to adjust?

You have been giving a lot of bad advice on multiple threads. You alway preface with "I'm not 100% sure" but here is the advice off the top of your head.

Please do some research before you post.

Filed: Other Country: China
Timeline
Posted

I would highly recommend a consultation with a competent immigration attorney with family immigration experience before filing for step children who have overstayed. Had your spouse overstayed, the overstay would be forgiven. His children, not in his custody could be another matter altogether. Regardless, you could not be successful with the children without the custodial parent's cooperation. They need medical exams and interviews.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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

~~~Closed for review~~~

***Thread back open, bickering posts removed. Any additional bickering or other posts that are not constructive in nature will result in a thread ban at the very least, plus other action as a situation would warrant.***

>>>Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.<<<

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: Country: Vietnam (no flag)
Timeline
Posted

I would highly recommend a consultation with a competent immigration attorney with family immigration experience before filing for step children who have overstayed. Had your spouse overstayed, the overstay would be forgiven. His children, not in his custody could be another matter altogether. Could be another matter altogether. What are you basing this on? Have you seen anything that requires the petitioner to have custody? Wouldn't share custody be enough? Regardless, you could not be successful with the children without the custodial parent's cooperation. They need medical exams and interviews.

Filed: Other Country: China
Timeline
Posted

Aaron,

Please learn to effectively respond, so that you can be quoted. Your responses should not be included in the block of text you are quoting.

Shared custody could work, but if that was mentioned, I didn't see it. The issues of importance are the overstay, and the need for the out of state custodial parent's cooperation. Attorney time.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: Other Country: China
Timeline
Posted

I stand by my recommendation. It's against the VJ terms of service to discourage a member from consulting an attorney. I don't encourage it often. This time, I am.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

 
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