Help my Colombian LPR wife understand

[MarkMorg 0]

I applied for K1 Fiance visa, approved and she entered the U.S. Dec 2016, married Feb 2017. AOS Nov 2017.

Included on the application was her now 11 year old daughter. The ex-husband refused to sign permission for her to come to the U.S. with my wife.

 

It is now over 2 years later, ex-husband has decided he will sign permission for daughter to come live in the U.S. with my wife.

 

She is being told by "friends" that they brought their children here on tourist visa and applied for Adjustment of Status and eventually got the Green Card.

 

I am telling my wife that she must file an I-130, wait for a Visa number, then apply for AOS.

Also, over-stay of a visa can result in 3-10 year ban of re-entry depending on how severe.

 

Am I wrong? Is there something I am missing?

 

 

 

[Roel 7,193]

You're little bit of right and little bit of wrong.

 

1. You're right - using tourist visa to apply  for AoS is IMMIGRATION FRAUD. Do not do this. People who suggest that are not friends.

 

2. You're kind of wrong-ish/right-ish - File I-130 for a child. There is no AOS after arrival though. With I-130 petition approved the child will get the green card upon arrival (after you pay the fee).

 

[Georgia16 2,858]

You file the I-130 as a stepchild. 

[MarkMorg 0]

6 minutes ago, Georgia16 said:

You file the I-130 as a stepchild. 

And in doing this as a U.S. citizen, does this avoid the Visa backlog waiting that would occur if my LPR wife filed the application?

[Roel 7,193]

1 minute ago, MarkMorg said:

And in doing this as a U.S. citizen, does this avoid the Visa backlog waiting that would occur if my LPR wife filed the application?

There is still some waiting time no matter what, it won't be instant.

[Georgia16 2,858]

8 minutes ago, MarkMorg said:

And in doing this as a U.S. citizen, does this avoid the Visa backlog waiting that would occur if my LPR wife filed the application?

It will still take about a year for the child to get here.

[Boiler 46,158]

Sadly many people are not conversant with the VJ ToS and do as your wife's friends mentioned.

 

Does the child have a Visitor Visa? 

[MarkMorg 0]

2 minutes ago, Boiler said:

Sadly many people are not conversant with the VJ ToS and do as your wife's friends mentioned.

 

Does the child have a Visitor Visa? 

Yes, Tourist Visa and has been here several times. But now we want her to be here permanent since the ex is allowing it. He screwed us up by letting the year pass after K1 approval, so now it's like we are starting from scratch

 

[MarkMorg 0]

14 minutes ago, Georgia16 said:

It will still take about a year for the child to get here.

So when speaking of Visa bulletin category, me filing for step-child as a U.S. Citizen, category F1 or F2A? (may be wrong on that, but which one is the question)

Edited May 17, 2019 by MarkMorg

[Boiler 46,158]

Immediate Relative

[SusieQQQ 11,587]

33 minutes ago, MarkMorg said:

And in doing this as a U.S. citizen, does this avoid the Visa backlog waiting that would occur if my LPR wife filed the application?

Yes, but there is still processing time. All in all you still probably save a year or so doing it this way.

[WeGuyGal 1,052]

16 minutes ago, MarkMorg said:

Yes, Tourist Visa and has been here several times. But now we want her to be here permanent since the ex is allowing it. He screwed us up by letting the year pass after K1 approval, so now it's like we are starting from scratch

 

Best is to get her to the US as an IR (step)child of a USC. Not on a b2 and AOS. Never. 

[fip & jim 452]

18 minutes ago, MarkMorg said:

Yes, Tourist Visa and has been here several times. But now we want her to be here permanent since the ex is allowing it. He screwed us up by letting the year pass after K1 approval, so now it's like we are starting from scratch

 

I'd look at it more like your step-daughter is making an informed choice now. It's a big decision to make for a child. Now she will be old enough to understand a bit more about the choice she is making. Just trying to put a positive spin on it. ☺️ 

[MarkMorg 0]

One more question.

With me as a U.S. Citizen filing for stepchild, do I file I-130 and AOS at same time?

Trying to figure out the specific steps

[Boiler 46,158]

No AOS, that is for a K1.