HELP!! Adjustment of Status BUT my step kids live in different state

[Leo & Angie 19]

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.

[Lenchick 133]

Has their mother overstayed too?
Also, in your i-130 as long as I remember it asks if the beneficiary has any relatives living in the US, right?

Edited August 8, 2016 by Lenchick

[aaron2020 11,651]

Hi,

You can file for them.

Best of luck.

[Leo & Angie 19]

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

[Leo & Angie 19]

Thank you aaron2020

[Lenchick 133]

@ 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

[Leo & Angie 19]

Oh wow I hope that's not the case I don't wanna get anybody in trouble

[aaron2020 11,651]

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.

[Leo & Angie 19]

@aaron2020 thank you so much for clearing that up for me. I really appreciate you stepping in thanks

[pushbrk 13,191]

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.

[Ryan H 3,834]

~~~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 August 8, 2016 by Ryan H

[aaron2020 11,651]

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.

[Leo & Angie 19]

Thank you guys for all your advice... I will now proceed with the consultation of a lawyer

[pushbrk 13,191]

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.

[pushbrk 13,191]

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.