I-130 and I-485

[MRODRIGUEZ13 0]

I am a US citizen.  My kids were adopted when I lived in another country.  I understand I have to file the I-130, but if they are currently here visiting can I file the I-485?  They are just here, no paperwork, no visitor visa or stamps - they just came through the border with no issues.  Can I still apply with both forms or no?

[HRQX 4,145]

1 hour ago, MRODRIGUEZ13 said:

They are just here, no paperwork, no visitor visa or stamps - they just came through the border with no issues.

How did they enter the US? What's their nationality?

[pushbrk 12,882]

33 minutes ago, HRQX said:

How did they enter the US? What's their nationality?

This is a critical question.  How did they enter the US without a visa?  These details are critical.  To adjust status, one must have entered the US legally and have been "inspected" by Customs and Border Control agents.

[MRODRIGUEZ13 0]

44 minutes ago, HRQX said:

How did they enter the US? What's their nationality?

Canada, they used their nexus card.

10 minutes ago, pushbrk said:

This is a critical question.  How did they enter the US without a visa?  These details are critical.  To adjust status, one must have entered the US legally and have been "inspected" by Customs and Border Control agents.

They were, they went through all that at customs. 

[HRQX 4,145]

2 minutes ago, MRODRIGUEZ13 said:

Canada, they used their nexus card.

Their entry info may or may not show on the I-94 website: https://i94.cbp.dhs.gov/I94/#/home If it does show, you can print it out for I-485 filing.

[Dashinka 24,493]

3 minutes ago, MRODRIGUEZ13 said:

Canada, they used their nexus card.

They were, they went through all that at customs. 

How old are they, and are they, if adults, married or single?

[pushbrk 12,882]

2 minutes ago, MRODRIGUEZ13 said:

Canada, they used their nexus card.

They were, they went through all that at customs. 

So, they entered as visitors from Canada, as Canadian Citizens.  That's unique to Canada.

 

And it's a unique situation.  Maybe they need to adjust status, or maybe they can just apply for US Passports.  This topic should be moved to the correct forum.

[MRODRIGUEZ13 0]

16 minutes ago, Dashinka said:

How old are they, and are they, if adults, married or single?

Under 12

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

[Just Paul 4,595]

Would you have been able to transmit citizenship to them when they were adopted?

[Just Paul 4,595]

10 hours ago, MRODRIGUEZ13 said:

I am a US citizen.  My kids were adopted when I lived in another country.  I understand I have to file the I-130, but if they are currently here visiting can I file the I-485?  They are just here, no paperwork, no visitor visa or stamps - they just came through the border with no issues.  Can I still apply with both forms or no?

Ok now I'm totally confused about your situation.  Are you "sharing" this account or "asking for a "friend"?

 

Both of your precious posts you were asking about thing after you immigrated:

 

 

If you weren't a (US) citizen when you when you adopted then yes you need to file I-130s.  But why wouldn't you have included them on you initial petition since it looks like you have been here only a year?

[Dashinka 24,493]

I am also confused especially after reading your other thread.  If you entered the US in 2019 with an IR1, I am not sure how you could already be a USC (possibly military related).  Regardless, it appears you can file the I130/I485 for your children.  I don't think, if you were naturalized, this would pass down to your adoptive children since it does not appear from the information you shared that the children were LPRs, or they were residing in the US.

 

Good Luck!