The "one step" process... what visa to go for

[Carissa 0]

My husband and I are in the US. We trying to get him a new marriage based visa because his old agro visa is out of date. He came to the US on a temporary agrocultural worker visa but left his job after not being paid and being underfed (the job he had was 24/7 and his boss was required to provide him with groceries as the nature of the job kept him from doing so)... In either case we contacted a low cost lawyer who gave us the good news and the bad. As he had come to the US legally we were eligiable for a one step application... but as they were government funded they couldn't do one step applications. So we have set ourselves up with a real lawyer and I want as much finished as I can do myself to keep the lawyer fees from breaking our budget and to expidite the process as well. All this is dandy but what visa do we file for him?

Another question I have is that his son still lives in Peru with his mother. Although we aren't sure when his son will be coming to the US, we want to be able to bring his son back with us when he brings me to Peru to meet his family. Is it advantageous to file for his son at the same time as we are doing his paperwork? And if this is the case would it be best to file for my husband the slower way by filing first the I130 then for the change of status along with his son or can we file one one way and the other another way?

Carissa

[CutienPurg 0]

My husband and I are in the US. We trying to get him a new marriage based visa because his old agro visa is out of date. He came to the US on a temporary agrocultural worker visa but left his job after not being paid and being underfed (the job he had was 24/7 and his boss was required to provide him with groceries as the nature of the job kept him from doing so)... In either case we contacted a low cost lawyer who gave us the good news and the bad. As he had come to the US legally we were eligiable for a one step application... but as they were government funded they couldn't do one step applications. So we have set ourselves up with a real lawyer and I want as much finished as I can do myself to keep the lawyer fees from breaking our budget and to expidite the process as well. All this is dandy but what visa do we file for him?

Another question I have is that his son still lives in Peru with his mother. Although we aren't sure when his son will be coming to the US, we want to be able to bring his son back with us when he brings me to Peru to meet his family. Is it advantageous to file for his son at the same time as we are doing his paperwork? And if this is the case would it be best to file for my husband the slower way by filing first the I130 then for the change of status along with his son or can we file one one way and the other another way?

Carissa

hmmm

since your husband entered the US legally and you married while he was here under a different visa type, he can Adjust Status. As far as that part of what he needs to do , its fairly simple and I wouldnt imagine would require a lawyers assistance.

The child on the other hand is out of my realm. Does he have the mother's consent to bring the child here? That could be whole other can of worms and where you might want to use your consultation time with the lawyer. Hopefully the lawyer you have is competant and doesnt lead you along a wrong path.

Good Luck

[pushbrk 13,053]

My husband and I are in the US. We trying to get him a new marriage based visa because his old agro visa is out of date. He came to the US on a temporary agrocultural worker visa but left his job after not being paid and being underfed (the job he had was 24/7 and his boss was required to provide him with groceries as the nature of the job kept him from doing so)... In either case we contacted a low cost lawyer who gave us the good news and the bad. As he had come to the US legally we were eligiable for a one step application... but as they were government funded they couldn't do one step applications. So we have set ourselves up with a real lawyer and I want as much finished as I can do myself to keep the lawyer fees from breaking our budget and to expidite the process as well. All this is dandy but what visa do we file for him?

Another question I have is that his son still lives in Peru with his mother. Although we aren't sure when his son will be coming to the US, we want to be able to bring his son back with us when he brings me to Peru to meet his family. Is it advantageous to file for his son at the same time as we are doing his paperwork? And if this is the case would it be best to file for my husband the slower way by filing first the I130 then for the change of status along with his son or can we file one one way and the other another way?

Carissa

Your husband doesn't need a visa. Visa's are used to enter a country. He's already here. He came here legally and without the intention to marry you (at the time of his legal entry). As such you can file to adjust his status to permanent resident. You left out whether he has overstayed the original visa but generally overstays are forgiven when adjusting status based on marriage to a US citizen.

You as a US Citizen can petition for your step-son but part of that process will require official consent from the other parent. You must have married before the child reached the age of 18 or it gets quite a bit more complicated.

Please study the guides and come back with any further questions.

[nyseness 0]

I agree all he have to do is adjust his status. Dont pay for a lawyer b/c u might not need one. Th ppwrk is not that bad just seem overwhelming at first.

[MargotDarko 0]

My husband and I are in the US. We trying to get him a new marriage based visa because his old agro visa is out of date. He came to the US on a temporary agrocultural worker visa but left his job after not being paid and being underfed (the job he had was 24/7 and his boss was required to provide him with groceries as the nature of the job kept him from doing so)... In either case we contacted a low cost lawyer who gave us the good news and the bad. As he had come to the US legally we were eligiable for a one step application... but as they were government funded they couldn't do one step applications. So we have set ourselves up with a real lawyer and I want as much finished as I can do myself to keep the lawyer fees from breaking our budget and to expidite the process as well. All this is dandy but what visa do we file for him?

Another question I have is that his son still lives in Peru with his mother. Although we aren't sure when his son will be coming to the US, we want to be able to bring his son back with us when he brings me to Peru to meet his family. Is it advantageous to file for his son at the same time as we are doing his paperwork? And if this is the case would it be best to file for my husband the slower way by filing first the I130 then for the change of status along with his son or can we file one one way and the other another way?

Carissa

Your husband doesn't need a visa. Visa's are used to enter a country. He's already here. He came here legally and without the intention to marry you (at the time of his legal entry). As such you can file to adjust his status to permanent resident. You left out whether he has overstayed the original visa but generally overstays are forgiven when adjusting status based on marriage to a US citizen.

You as a US Citizen can petition for your step-son but part of that process will require official consent from the other parent. You must have married before the child reached the age of 18 or it gets quite a bit more complicated.

Please study the guides and come back with any further questions.

Is it advisable for him to leave the US before AOS is finished? The OP mentioned him taking her to Peru to meet his family.

[pushbrk 13,053]

My husband and I are in the US. We trying to get him a new marriage based visa because his old agro visa is out of date. He came to the US on a temporary agrocultural worker visa but left his job after not being paid and being underfed (the job he had was 24/7 and his boss was required to provide him with groceries as the nature of the job kept him from doing so)... In either case we contacted a low cost lawyer who gave us the good news and the bad. As he had come to the US legally we were eligiable for a one step application... but as they were government funded they couldn't do one step applications. So we have set ourselves up with a real lawyer and I want as much finished as I can do myself to keep the lawyer fees from breaking our budget and to expidite the process as well. All this is dandy but what visa do we file for him?

Another question I have is that his son still lives in Peru with his mother. Although we aren't sure when his son will be coming to the US, we want to be able to bring his son back with us when he brings me to Peru to meet his family. Is it advantageous to file for his son at the same time as we are doing his paperwork? And if this is the case would it be best to file for my husband the slower way by filing first the I130 then for the change of status along with his son or can we file one one way and the other another way?

Carissa

Your husband doesn't need a visa. Visa's are used to enter a country. He's already here. He came here legally and without the intention to marry you (at the time of his legal entry). As such you can file to adjust his status to permanent resident. You left out whether he has overstayed the original visa but generally overstays are forgiven when adjusting status based on marriage to a US citizen.

You as a US Citizen can petition for your step-son but part of that process will require official consent from the other parent. You must have married before the child reached the age of 18 or it gets quite a bit more complicated.

Please study the guides and come back with any further questions.

Is it advisable for him to leave the US before AOS is finished? The OP mentioned him taking her to Peru to meet his family.

Good point. No, he should not be leaving the US until after he has the green card. He could apply for advanced parole, I suppose but its hardly a sure thing on re-entry even with AP.

[MargotDarko 0]

My husband and I are in the US. We trying to get him a new marriage based visa because his old agro visa is out of date. He came to the US on a temporary agrocultural worker visa but left his job after not being paid and being underfed (the job he had was 24/7 and his boss was required to provide him with groceries as the nature of the job kept him from doing so)... In either case we contacted a low cost lawyer who gave us the good news and the bad. As he had come to the US legally we were eligiable for a one step application... but as they were government funded they couldn't do one step applications. So we have set ourselves up with a real lawyer and I want as much finished as I can do myself to keep the lawyer fees from breaking our budget and to expidite the process as well. All this is dandy but what visa do we file for him?

Another question I have is that his son still lives in Peru with his mother. Although we aren't sure when his son will be coming to the US, we want to be able to bring his son back with us when he brings me to Peru to meet his family. Is it advantageous to file for his son at the same time as we are doing his paperwork? And if this is the case would it be best to file for my husband the slower way by filing first the I130 then for the change of status along with his son or can we file one one way and the other another way?

Carissa

Your husband doesn't need a visa. Visa's are used to enter a country. He's already here. He came here legally and without the intention to marry you (at the time of his legal entry). As such you can file to adjust his status to permanent resident. You left out whether he has overstayed the original visa but generally overstays are forgiven when adjusting status based on marriage to a US citizen.

You as a US Citizen can petition for your step-son but part of that process will require official consent from the other parent. You must have married before the child reached the age of 18 or it gets quite a bit more complicated.

Please study the guides and come back with any further questions.

Is it advisable for him to leave the US before AOS is finished? The OP mentioned him taking her to Peru to meet his family.

Good point. No, he should not be leaving the US until after he has the green card. He could apply for advanced parole, I suppose but its hardly a sure thing on re-entry even with AP.

Yeah, I just saw in another thread some people advising someone who had overstayed to not leave the US even if they did get advanced parole and to just wait for the actual green card.