I129

[MsNicholas 0]

I am a US citizen and I have petitioned for my husband who is here in the US on a tourist visa and I petitioned for my step children who are abroad. I know that had my husband been in his home country I could have filed the K1 visa but is there a visa that we could file to have the children brought here while we wait on their I130 approvals. The kids mother walked away from them when they were babies and they are only there with a family friend who has not shown himself to be responsible in caring for our kids. Any suggestions on what we can do to get them here? PD 11/13/2019 Nebraska. Again my husband is I485 and his file went to the National Benefits Center! Help please 

[geowrian 22,338]

I-129 is a petition for a worker. I'm assuming you meant I-129F.

 

You (the USC) can file I-130s for each child to start the CR-2 process. ETA: ~1year or so. There is no visa to bring them to the US while waiting. (Edit: I see this was already done after re-reading)

Technically they could apply for a tourist visa or student visa, but with immediate family in the US and an IR that did AOS from a tourist visa, there is near 0% chance at success there.

 

Best thing is to find a new caretaker or have the father return and do so, then complete visa processing abroad. Not sure why one would choose to do AOS in those circumstances...it sounds like they may be needed back home until they could all come together.

Edited December 13, 2019 by geowrian

[MsNicholas 0]

3 minutes ago, geowrian said:

I-129 is a petition for a worker. I'm assuming you meant I-129F.

 

You (the USC) can file I-130s for each child to start the CR-2 process. ETA: ~1year or so. There is no visa to bring them to the US while waiting.

Technically they could apply for a tourist visa or student visa, but with immediate family in the US and an IR that did AOS from a tourist visa, there is near 0% chance at success there.

 

Best thing is to find a new caretaker or have the father return and do so, then complete visa processing abroad. Not sure why one would choose to do AOS in those circumstances...it sounds like they may be needed back home until they could all come together.

Thanks. Yes I meant I129f. The kids were in better living conditions before hand but apparently that didn’t work out. We have already started the process and I believe that if he leaves to go back he won’t be able to come back because he had overstayed his visa 😞 I’ll just pray that God speeds the process! Anything is possible 

[SusieQQQ 11,587]

35 minutes ago, MsNicholas said:

I am a US citizen and I have petitioned for my husband who is here in the US on a tourist visa and I petitioned for my step children who are abroad. I know that had my husband been in his home country I could have filed the K1 visa but is there a visa that we could file to have the children brought here while we wait on their I130 approvals. The kids mother walked away from them when they were babies and they are only there with a family friend who has not shown himself to be responsible in caring for our kids. Any suggestions on what we can do to get them here? PD 11/13/2019 Nebraska. Again my husband is I485 and his file went to the National Benefits Center! Help please 

You can’t file a K1 for a spouse.

 

i agree with a poster above that the welfare of the kids should take precedence over the speed with which your husband gets a green card. I’d suggest your husband go back to look after them and then they can all immigrate together.  

 

 

19 minutes ago, MsNicholas said:

Thanks. Yes I meant I129f. The kids were in better living conditions before hand but apparently that didn’t work out. We have already started the process and I believe that if he leaves to go back he won’t be able to come back because he had overstayed his visa 😞 I’ll just pray that God speeds the process! Anything is possible 

How long did he overstay his tourist visa? How long have you been married?

[MsNicholas 0]

39 minutes ago, SusieQQQ said:

You can’t file a K1 for a spouse.

 

i agree with a poster above that the welfare of the kids should take precedence over the speed with which your husband gets a green card. I’d suggest your husband go back to look after them and then they can all immigrate together.  

 

 

How long did he overstay his tourist visa? How long have you been married?

We have been married since April but his visa has been overstated for over a year 

[MsNicholas 0]

40 minutes ago, SusieQQQ said:

You can’t file a K1 for a spouse.

 

i agree with a poster above that the welfare of the kids should take precedence over the speed with which your husband gets a green card. I’d suggest your husband go back to look after them and then they can all immigrate together.  

 

 

How long did he overstay his tourist visa? How long have you been married?

The kids are not in grave danger, if so we would have went another route. We were advised by a lawyer that he shouldn’t leave the states. If needed he would definitely go back. We’ve been married since April. His Visa has been outdated for over a year 

[SusieQQQ 11,587]

1 minute ago, MsNicholas said:

We have been married since April but his visa has been overstated for over a year 

Oh boy. What a mess. Pity you took so long to file to add to the problems he caused by his overstay.  Is you moving back with him to his country an option? How will he /you feel if something bad happens to the kids while he/you are waiting for his green card? 

 

Curious as to whether you knew him before he came on his tourist visa? If you married in April he would already have been in overstay then?

 

 

[MsNicholas 0]

15 minutes ago, SusieQQQ said:

Oh boy. What a mess. Pity you took so long to file to add to the problems he caused by his overstay.  Is you moving back with him to his country an option? How will he /you feel if something bad happens to the kids while he/you are waiting for his green card? 

 

Curious as to whether you knew him before he came on his tourist visa? If you married in April he would already have been in overstay then?

 

 

Me moving to his country is not an option. He had already overstayed his visa when I met him. It’s more to the story but I’m just praying everything goes well. Hopefully his case won’t take as long. We have biometrics scheduled for next week and we are with NBC. I’m just trusting God to be swift in our endeavors  

[SusieQQQ 11,587]

Well, this is clearly someone who had an aim. There’s not much more advice anyone can give if his priorities are what they are.

One last thing I’d ask: does the lawyer know about the kids, did the lawyer mention the possibility of getting a hardship waiver for your husband if he goes home to take care of his children and triggers a ban in the process? As a parent I keep coming back to the fact that I’d rather know my kids were being well looked after even if it took me longer to get a green card. 

[Boiler 46,012]

You know it is a long time before he can work, can you support everybody?

[MsNicholas 0]

1 hour ago, Boiler said:

You know it is a long time before he can work, can you support everybody?

Yes I can 

[MsNicholas 0]

1 hour ago, SusieQQQ said:

Well, this is clearly someone who had an aim. There’s not much more advice anyone can give if his priorities are what they are.

One last thing I’d ask: does the lawyer know about the kids, did the lawyer mention the possibility of getting a hardship waiver for your husband if he goes home to take care of his children and triggers a ban in the process? As a parent I keep coming back to the fact that I’d rather know my kids were being well looked after even if it took me longer to get a green card. 

I never knew anything about a hardship waiver. We will definitely look into this. Thanks 

[SusieQQQ 11,587]

30 minutes ago, MsNicholas said:

I never knew anything about a hardship waiver. We will definitely look into this. Thanks 

It will still take time, maybe 1-2 years for the total process, but it’s an option that doesn’t stretch 10 years and allows him to be with his kids.

[SalishSea 18,123]

13 hours ago, MsNicholas said:

The kids mother walked away from them when they were babies and they are only there with a family friend who has not shown himself to be responsible in caring for our kids.

Are his kids the priority, or was being able to remain in the US?  The choice to overstay is usually driven by people who cannot bear to be apart for the duration of petition/visa processing, but it is not without consequences.

[SusieQQQ 11,587]

1 hour ago, Jorgedig said:

Are his kids the priority, or was being able to remain in the US?  The choice to overstay is usually driven by people who cannot bear to be apart for the duration of petition/visa processing, but it is not without consequences.

OP states the now-spouse was already in overstay when they met. 

 

12 hours ago, MsNicholas said:

He had already overstayed his visa when I met him.