us born file for my mom

[azblk 338]

To the OP it seems you are in over your head on this. You very likely need an attorney for this. A very important question is what happened to your mothers K1? Did she marry the petitioner within 90 days? Did she try to adjust her status? Is the k1 petitioner willing to provide an affidavit of support?

If she got married to her K1 petitioner within the 90 days then you may be able to file for her ( bia - matter of sesay). 

Talk to a good immigration lawyer before doing anything. 

[geowrian 22,338]

6 hours ago, Boiler said:

His mother was admitted.

I had to look into this after my post yesterday (I recalled the TPS circumstance referenced), but I came to the same conclusion that the referenced rulings would not be beneficial. It would benefit somebody not admitted, but not somebody admitted in K-1. The original petitioner restriction still applies for AOS.

 

4 hours ago, azblk said:

To the OP it seems you are in over your head on this. You very likely need an attorney for this. A very important question is what happened to your mothers K1? Did she marry the petitioner within 90 days? Did she try to adjust her status? Is the k1 petitioner willing to provide an affidavit of support?

If she got married to her K1 petitioner within the 90 days then you may be able to file for her ( bia - matter of sesay). 

Talk to a good immigration lawyer before doing anything. 

Agreed.

Although I would just reiterate to the OP that Matter of Sesay would require a new I-864 from the original petitioner. Even then, it sounds like this would be a very, very uphill process.

If the original petitioner is willing to provide an I-864, why haven't they done AOS already? It sounds like the son is wanting to do so because that path is no longer viable.

[azblk 338]

1 hour ago, geowrian said:

 

Agreed.

Although I would just reiterate to the OP that Matter of Sesay would require a new I-864 from the original petitioner. Even then, it sounds like this would be a very, very uphill process.

If the original petitioner is willing to provide an I-864, why haven't they done AOS already? It sounds like the son is wanting to do so because that path is no longer viable.

It is uphill but is likely the only available path. 

 

If the mother has a SS number and has already put in 40 quarters of work ( albeit unauthorized) she would be exempt from the need to get a new i-864 from the original K-1 petitioner. 

 

[geowrian 22,338]

23 minutes ago, azblk said:

It is uphill but is likely the only available path. 

 

If the mother has a SS number and has already put in 40 quarters of work ( albeit unauthorized) she would be exempt from the need to get a new i-864 from the original K-1 petitioner.

My understanding is she cannot be credited until she has obtained status. Then she can recover past credits.

 

Edit: Forgot that she was TPS...she may or may not have authorization to work legally and earn SS credits.

Although wouldn't an I-864W still be needed from the petitioner?

Edited February 12, 2020 by geowrian

[azblk 338]

14 minutes ago, geowrian said:

My understanding is she cannot be credited until she has obtained status. Then she can recover past credits.

 

Edit: Forgot that she was TPS...she may or may not have authorization to work legally and earn SS credits.

Although wouldn't an I-864W still be needed from the petitioner?

This is correct but even without TPS social security will credit you as long as you are using your number. The recovering past credits only comes into play if you used an ITIN/madeup/someoneelses number, only then would you need status to obtain your own SSN and get those credits correctly credited to you. 

[Ontarkie 14,433]

~~Moved to Bringing Family of USC to America, from US Citizenship Discussion~~