Can I file my kids Aos if I have a greencard now for 10 yrs and separated now with the petitioner?

[Quatrofina4 0]

I got my 10 year greencard few months ago. I am separated now with my husband (petitioner) and he is not willing to file my kids papers. I want my son to study this January and I am not sure if I can file my kids aos on my own with a co sponsor or not? Can anyone please help me. Thank you

[aaron2020 11,651]

 

How old are your kids?

 

Where are they living?

 

If they are in the US, what visas did they enter on?

[Quatrofina4 0]

4 minutes ago, aaron2020 said:

 

How old are your kids?

 

Where are they living?

 

If they are in the US, what visas did they enter on?

My kids are 12 and 20. They are already here in US living with me. We all came at the same time but sad to say the petitioner didn't file their papers until now. They came here as K2. Thank you for your response. 

[aaron2020 11,651]

Oh boy.  You need to go see an immigration attorney.

 

As an LPR, there is nothing you can file that would allow your kids to adjust status.

 

At this point, both of your kids are K-2 visa overstays.  

 

For the 12 years old, he/she will not accumulate days of unlawful presence.  Eventually, he can immigrate to the US in the F2a category.

 

For the 20 years old, he has definately accumulated more than 1 year of unlawful presence. 

 

You need an experienced immigration attorney to help you.

 

Good luck.

[Quatrofina4 0]

2 minutes ago, aaron2020 said:

Oh boy.  You need to go see an immigration attorney.

 

As an LPR, there is nothing you can file that would allow your kids to adjust status.

 

At this point, both of your kids are K-2 visa overstays.  

 

For the 12 years old, he/she will not accumulate days of unlawful presence.  Eventually, he can immigrate to the US in the F2a category.

 

For the 20 years old, he has definately accumulated more than 1 year of unlawful presence. 

 

You need an experienced immigration attorney to help you.

 

Good luck.

Thank you so much. 🙁

[HRQX 4,145]

If they were listed in Part 3 of your petitioner's I-864 then submit a photocopy of that I-864 with each I-485 for them: https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/ They are eligible to adjust status: "Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

[Quatrofina4 0]

4 minutes ago, HRQX said:

If they were listed in Part 3 of your petitioner's I-864 then submit a photocopy of that I-864 with each I-485 for them: https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/ They are eligible to adjust status: "Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

I'm sorry for asking but I am new to this so I dont know anything. Where can I get a copy of I-864 if I already submitted it before. 

[HRQX 4,145]

4 minutes ago, Quatrofina4 said:

Where can I get a copy of I-864 if I already submitted it before. 

If you don't have a personal copy then the only thing I can think of is to submit a FOIA request for a copy of your complete immigration file: https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/how-file-foia-privacy-act-request/how-file-a-foiapa-request

Edited October 27, 2019 by HRQX

[Quatrofina4 0]

Just now, HRQX said:

If you don't have a personal copy then the only thing I can think of is to submit a FOIA for your immigration file: https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/how-file-foia-privacy-act-request/how-file-a-foiapa-request

Thank you so much for the help. God bless you

[geowrian 22,338]

7 hours ago, HRQX said:

If they were listed in Part 3 of your petitioner's I-864 then submit a photocopy of that I-864 with each I-485 for them: https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/ They are eligible to adjust status: "Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

While the children can technically still AOS using the existing I-129F, doing so when the petitioner isn't aware of it and is no longer in a marital union can severely backfire when they get interviewed.

[HRQX 4,145]

3 hours ago, geowrian said:

While the children can technically still AOS using the existing I-129F, doing so when the petitioner isn't aware of it and is no longer in a marital union can severely backfire when they get interviewed.

Even if the marriage was "valid and bona fide" and the K-1 married within the 90 days? https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-7 "a child of the fiancé(e) may only adjust on the basis of his or her parent’s marriage to the U.S. citizen petitioner." [footnote for INA 245(d)]

Edited October 28, 2019 by HRQX

[aaron2020 11,651]

15 hours ago, HRQX said:

If they were listed in Part 3 of your petitioner's I-864 then submit a photocopy of that I-864 with each I-485 for them: https://www.visajourney.com/content/k2-visa-adjustment-of-status-tips/ They are eligible to adjust status: "Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21." https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Are you serious?

 

OP is separated from the petitioner.  How are her kids suppose to AOS without his participation?  He was "not willing" to file for her kids, but now she can get it done by just filing to adjust?  Sounds like fraud and a big can of hurt.  

 

The kids CAN NOT adjust based on the K-2 since the petitioner is NOT WILLING to participate.  

[designguy 1,179]

31 minutes ago, aaron2020 said:

Are you serious?

 

OP is separated from the petitioner.  How are her kids suppose to AOS without his participation?  He was "not willing" to file for her kids, but now she can get it done by just filing to adjust?  Sounds like fraud and a big can of hurt.  

 

The kids CAN NOT adjust based on the K-2 since the petitioner is NOT WILLING to participate.  

Agreed. While the filing of the I-485 might be successful there is a big problem with once they get to the interview stage. The older son is now at risk for deportation and will have incurred a 10 year ban as he not been in a period of authorized stay.

 

OP when you went through your own adjustment of status process were you never questioned about filing the AOS for your children? Were you not aware of the consequences?

[Quatrofina4 0]

1 hour ago, designguy said:

Agreed. While the filing of the I-485 might be successful there is a big problem with once they get to the interview stage. The older son is now at risk for deportation and will have incurred a 10 year ban as he not been in a period of authorized stay.

 

OP when you went through your own adjustment of status process were you never questioned about filing the AOS for your children? Were you not aware of the consequences?

I actually never been in any interview. We filed my AOS and then we just waited and the greencard arrived on my mail. I really dont know what to do. My son is so smart and graduated here with honors. He got three offer of scholarship but he can't accept it because he doesn't have SSN and greencard. This is why I regret being with the petitioner. He ruined my kids future 

[aaron2020 11,651]

3 minutes ago, Quatrofina4 said:

I actually never been in any interview. We filed my AOS and then we just waited and the greencard arrived on my mail. I really dont know what to do. My son is so smart and graduated here with honors. He got three offer of scholarship but he can't accept it because he doesn't have SSN and greencard. This is why I regret being with the petitioner. He ruined my kids future 

You need to go see an experienced immigration lawyer.  That is what you need to do. 

You absolutely should not try to adjust your kids' status based on the K-2 visas because you all will be committing fraud.  For the 20 years old, that could mean deportation and a lifetime ban from the US.