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Mickey Dolenz

USC child, Immigrant Mother

By Mickey Dolenz in Bringing Family Members of US Citizens to America

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Mickey Dolenz Contributor

Mickey Dolenz   0

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My son,USC and is 2yo, has diabetes and other health issues.
My wife, foreigner, is in US caring for him as he receives MediaCare coverage.
I am abroad working, but can not petition her per AWA.
Anyway to immigrate based on having to care for our child?

 

The situation is: My wife and our child were visiting my family back home when baby fell ill and was admitted to Children's Medical for T1D. He is on constant health care as mom must check his blood and administer glucose several times daily. Unfortunately, I am unable to petition my wife per an "online solicitation" charge in 2005. Any ideas on what waiver to file for her? If I am home, then I can't work to support family as I will have to care for baby.

 

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f f
f f

baby and mother move to the country you are in and you can still make boat loads of money while she takes care of kid. problem solved.

Jojo92122
Jojo92122

Cool your jets.   While this matters to you, it doesn't to the US Government.   You are getting accurate advice.  Sorry that it's not the positive advice you want.   If y

Jojo92122
Jojo92122

Does not matter.   You can be here to take care of your child.  That's the way, the US Government looks at it.

s + j Enthusiast

s + j   71

Posted
Filed: AOS (pnd) Country: Sweden
 Timeline
Posted

Is she in us? I think she can apply for AOS if so

K-1:
06/08/2016: I-129F Sent

06/16/2016: Check cashed

08/23/2016: Approval

09/09/2016: At the Stockholm Embassy

09/28/2016: Embassy received completed medical

09/29/2016: Interview date, APPROVAL 

10/14/2016: Visa ISSUED

10/17/2016: Visa received

 

AOS
12/22/2016: I-485, I-131, I-765 Sent

01/10/2017: Check cashed

02/03/2017: Biometrics completed

04/17/2017: Your case is ready to be scheduled for an interview

01/20/2018: I-485 Interview letter received

02/01/2018: I-485 Interview, APPROVAL 

 

Boiler Grand Master

Boiler   46,132

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

Her son can petition her at the age of 21.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

s + j Enthusiast

s + j   71

Posted
Filed: AOS (pnd) Country: Sweden
 Timeline
Posted

AOS is a self petition based on marriage to a USC. 

 

But considering your previous felony I am not sure. But I think she can AOS. Otherwise your only option is two leave to her origin country

K-1:
06/08/2016: I-129F Sent

06/16/2016: Check cashed

08/23/2016: Approval

09/09/2016: At the Stockholm Embassy

09/28/2016: Embassy received completed medical

09/29/2016: Interview date, APPROVAL 

10/14/2016: Visa ISSUED

10/17/2016: Visa received

 

AOS
12/22/2016: I-485, I-131, I-765 Sent

01/10/2017: Check cashed

02/03/2017: Biometrics completed

04/17/2017: Your case is ready to be scheduled for an interview

01/20/2018: I-485 Interview letter received

02/01/2018: I-485 Interview, APPROVAL 

 

Jojo92122 Experienced

Jojo92122   1,924

Posted
Filed: Timeline
Posted
7 minutes ago, s + j said:

AOS is a self petition based on marriage to a USC. 

 

But considering your previous felony I am not sure. But I think she can AOS. Otherwise your only option is two leave to her origin country

To AOS, she would need an underlying I-130 an a qualified petitioner.   AOS is not self-petitioning. 

Jojo92122 Experienced

Jojo92122   1,924

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Filed: Timeline
Posted (edited)

Your wife has no means to immigrate to the US.  Caring for a US child is not a basis to immigrate to the US.  A US child must be 21 to petition for a parent.  There are no exceptions.

 

Any path for your wife to immigrate to the US requires a qualified petitioner.  You can't because of the AWA.  Your child can when he turns 21 years old.

 

A waiver can not be filed for your wife since your child is not a qualified petitioner.

 

Have you tried an AWA waiver?

Edited by Jojo92122
Crazy Cat Grand Master

Crazy Cat   42,333

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
Just now, hnj76 said:

And I can not petition based on AWA.

In addition, there seems to be an extremely high bar for AWA waivers

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Mickey Dolenz Contributor

Mickey Dolenz   0

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Filed: Timeline
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Posted
3 minutes ago, Jojo92122 said:

Your wife has no means to immigrate to the US.  Caring for a US child is not a basis to immigrate to the US.  A US child must be 21 to petition for a parent.  There are no exceptions.

 

Any path for your wife to immigrate to the US requires a qualified petitioner.  You can't because of the AWA.  Your child can when he turns 21 years old.

 

A waiver can not be filed for your wife since there is no qualified petitioner.

Caring for an American child???

2 minutes ago, missileman said:

In addition, there seems to be an extremely high bar for AWA waivers

I dont want to do an AWA waiver

 
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