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

[Quatrofina4 0]

2 minutes ago, aaron2020 said:

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.

This is so hard. The petitioner threatened us for 3 years to stay with him and if not he will not file the kids papers. It's so unfair that there is no law for someone like me to file the kids paper even he intentionally not file it to hurt me. 

[aaron2020 11,651]

2 minutes ago, Quatrofina4 said:

This is so hard. The petitioner threatened us for 3 years to stay with him and if not he will not file the kids papers. It's so unfair that there is no law for someone like me to file the kids paper even he intentionally not file it to hurt me. 

How do you know there is no law for someone like you?  Heard of VAWA? 

Go see an experienced immigration lawyer.  

[Quatrofina4 0]

10 minutes ago, aaron2020 said:

How do you know there is no law for someone like you?  Heard of VAWA? 

Go see an experienced immigration lawyer.  

VAWA is for people with DV issue right?

[geowrian 22,338]

5 hours ago, HRQX said:

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)]

I had assumed the father is not willing to be a sponsor (they didn't while together so it's even more unlikely they want to after separating). The petitioner needs to still be the sponsor and submitting an I-864 without his knowledge/participation is shady at best and fraudulent at worst. The evidences of income would also be long outdated.

 

If the father is willing to provide a new I-864 for the child, technically AOS is still possible (both since the divorce is not final and I believe Matter of Sesay could still apply to a K-2). But that doesn't appear to be in the cards based on the OP's description.

 

2 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.

Policies have changed since then and AOS from K-1 now requires an interview.

While a child still can get an interview waiver, it is not something to rely on.

 

Best to seek an attorney for the best options now. VAWA for the children only is possible but difficult IMO. It may be better to go the route of petitioning them yourself and having them interview abroad for an immigrant visa (an I-601A for the elder would be required). Since F2A is current right now, CSPA may protect the elder one from aging out. Either way, they should be able to guide you to the best option, and it is fine to pursue more than one at a time. The clock is ticking on the elder child.

[Quatrofina4 0]

2 minutes ago, geowrian said:

I had assumed the father is not willing to be a sponsor (they didn't while together so it's even more unlikely they want to after separating). The petitioner needs to still be the sponsor and submitting an I-864 without his knowledge/participation is shady at best and fraudulent at worst. The evidences of income would also be long outdated.

 

If the father is willing to provide a new I-864 for the child, technically AOS is still possible (both since the divorce is not final and I believe Matter of Sesay could still apply to a K-2). But that doesn't appear to be in the cards based on the OP's description.

 

Policies have changed since then and AOS from K-1 now requires an interview.

While a child still can get an interview waiver, it is not something to rely on.

 

Best to seek an attorney for the best options now. VAWA for the children only is possible but difficult IMO. It may be better to go the route of petitioning them yourself and having them interview abroad for an immigrant visa (an I-601A for the elder would be required). Since F2A is current right now, CSPA may protect the elder one from aging out. Either way, they should be able to guide you to the best option, and it is fine to pursue more than one at a time. The clock is ticking on the elder child.

You guys are so helpful. I truly appreciate everyone! God bless you all for making a time to reply to me. Thank you

[HRQX 4,145]

17 minutes ago, geowrian said:

The petitioner needs to still be the sponsor and submitting an I-864 without his knowledge/participation is shady at best and fraudulent at worst. The evidences of income would also be long outdated.

It would be on the existing I-864 if they were listed in Part 3 (Information About the Immigrants You Are Sponsoring).

[geowrian 22,338]

10 minutes ago, HRQX said:

It would be on the existing I-864 if they were listed in Part 3 (Information About the Immigrants You Are Sponsoring).

And evidence of current income (Edit: and required tax return information + the most recent year's copy)?

 

Note that the I-864 mentioned would have been from around 3+ years ago. Believing the father intended for that to apply still is a stretch at best.

Edited October 28, 2019 by geowrian

[Quatrofina4 0]

1 minute ago, geowrian said:

And evidence of current income?

The petitioner actually dont have a job since feb. One of the reasons why I left him. Sept 2016 I got here in US. Oct we got married. Early dec when i first caught him cheating on me. I thought he will change but no. There were times or whole month he will not go home. Left without food and money at home. We became like a beggar here in US. I cant do anything that time because I dont have a greencard or work permit. He used the papers to threaten me and my kids he will report me. Finally, he was forced to filed my papers. I got my greencard this April and now I got a job. April also when I moved out and rent an apartment. He still beg me but I really dont want to be with him anymore and because of that he always say my elder will not study. He knows how important for me that my son will go to college. It's not my fault I can't file my kids papers. We are a victim of an abusive person who use this piece of papers against us

[aaron2020 11,651]

7 minutes ago, HRQX said:

It would be on the existing I-864 if they were listed in Part 3 (Information About the Immigrants You Are Sponsoring).

Ha. Ha.

 

Yes.  Use a 3 years old I-864.  Use it without the petitioner's participation.  Yeah, USCIS will accept a 2016 tax return with the relevant W-2s.  Ha. Ha.  

 

What could go wrong?

This is some of the worst advice on the VJ.  

[HRQX 4,145]

34 minutes ago, aaron2020 said:

Ha. Ha.

 

Yes.  Use a 3 years old I-864.  Use it without the petitioner's participation.  Yeah, USCIS will accept a 2016 tax return with the relevant W-2s.  Ha. Ha.

That is what 8 CFR §213a.2(g)(1) asks for. Reminder that IJs have acknowledged that "The fiancé(e) visa petition and adjustment processes are hybrid in the sense that they combine both immigrant and nonimmigrant visa attributes—the fiancé(e)s and their derivatives are not perfect matches for either category."

[TBoneTX 46,311]

A disrespectful post has been removed.  Posters are reminded to watch their tone and to disagree respectfully.  Further instances will risk administrative action.  The author of the removed post may repost his point in more polite fashion.

 

VJ Moderation

[LoveAlways2 90]

When would you be able to become a citizen? Would she be able to AOS her kids if she become a citizen?

 

Just wondering, I really don't have an answer for the issue but this came to my mind. 

Edited October 28, 2019 by LoveAlways2

[payxibka 10,047]

5 minutes ago, LoveAlways2 said:

When would you be able to become a citizen? Would she be able to AOS her kids if she become a citizen?

 

Just wondering, I really don't have an answer for the issue but this came to my mind. 

Not eligible based on there arrival status 

[geowrian 22,338]

6 minutes ago, LoveAlways2 said:

When would you be able to become a citizen? Would she be able to AOS her kids if she become a citizen?

 

Just wondering, I really don't have an answer for the issue but this came to my mind. 

She can file the petition now and start the process for an immigrant visa abroad for them. That is one option, although the bar for the overstay of the elder child would need to be waived.

 

Waiting until being a USC would be a serious mistake, at least for the elder child. They will age out into F2B classification (if LPR) and F1 classification (if USC). Both of these do not ignore the overstay for AOS purposes. It's also a 5-7+ year wait.

It could work for the younger child, though.

 

1 minute ago, payxibka said:

Not eligible based on there arrival status 

True. They came as K non-immigrants. Not possible.

Edited October 28, 2019 by geowrian

[LoveAlways2 90]

3 minutes ago, geowrian said:

She can file the petition now and start the process for an immigrant visa abroad for them. That is one option, although the bar for the overstay of the elder child would need to be waived.

 

Waiting until being a USC would be a serious mistake, at least for the elder child. They will age out into F2B classification (if LPR) and F1 classification (if USC). Both of these do not ignore the overstay for AOS purposes. It's also a 5-7+ year wait.

It could work for the younger child, though.

 

True. They came as K non-immigrants. Not possible.

Oh I see! Thanks for the clarification.