K2 AOS, RFI received- I AM ALREADY DIVORCED

[geegeemarie 0]

10 hours ago, Chancy said:

 

Not asking about your ROC documents.  On what basis are your kids adjusting status?  What is the petition that you listed on their I-485?  Did you file I-130 for them (i.e. you are their petitioner)?  If so, when did they arrive in the US on their K2 visas and what is the expiry date listed on their I-94?

 

Hi, good morning,

 

I thought I answered this last night.

Im not sure what you meant by "basis", but they got here through K2 visa. And AOS is the next step.

I did not file for I-130. I don't know what that is. And I didn't know that I needed that.

My kids got here in April 2017

I-94 expired on July 2017.

[geegeemarie 0]

6 minutes ago, Boiler said:

They would not been included, one per person and they were not adjusting.

Ok, so what do you suggest then.

Try to contact my ex and have her sign I-864?

[Boiler 45,558]

So they are out of status and deportable and seem to have no basis to adjust.

[geegeemarie 0]

19 minutes ago, Boiler said:

So they are out of status and deportable and seem to have no basis to adjust.

Is it because I got divorced? so there's no basis to adjust?

 

[Boiler 45,558]

That is what we have been asking,on what basis are they seeking to adjust?What basis did you file?

[Timona 4,207]

Lemme see if I get OP straight. @geegeemarie

1. It seems the kids did not AOS after they came in 2017 (I do not know if they were supposed to or it was going to be automatic. I am not well versed with K-1s)
2. You are now divorced.
3. Since 1, did not happen in 2017, you are now attempting to AOS for the kids on your own.
4. USCIS just told you NO on 3 above (you attempting to AOS for them since their petition is still tied to your ex) . That was supposed to have been done by your EX, BUT now, you are divorced, so this avenue/ option is long gone.

Having understood this, your next question to VJ should be:

• What can I do to help get my kids Legal residency? I think this is much more clearer

 

I think someone already answered this question on page 1. However, it seems you do not have the full grasp of immigration, hence the confusion. Additionally,  there are VJers like @Boiler who are short and precise. He is attempting to ask you the question, for which as I mentioned, someone already gave you the answer. 

 

To cut the long chase, MAYBE copy, paste  and adjust accordingly, the highlighted as your own, as it is much clearer. You should get an answer in 2 postings. I am not well versed on K-1s, so I do not want to give a conflicting or wrong answer.

[JonSeattle 202]

1 hour ago, Boiler said:

So they are out of status and deportable and seem to have no basis to adjust.

It seems to me that if the K-1 got married, then the kids are eligible to AOS. The problem is the I-944 without the cooperation of the original sponsor. 

 

The way around that appears to be to file I-360 on behalf of the kids, see

https://www.shautsova.com/law-publications/green-card-based-vawa.html

assuming they have not aged out and it has not yet been 2 years since the divorce. (I wrote I-130 yesterday when I meant to write I-360).

[HRQX 4,145]

6 minutes ago, JonSeattle said:

The problem is the I-944 without the cooperation of the original sponsor.

*I-864 (from original sponsor)

 

Shouldn't be an issue for completing I-944, Declaration of Self-Sufficiency.

[geegeemarie 0]

15 minutes ago, HRQX said:

*I-864 (from original sponsor)

 

Shouldn't be an issue for completing I-944, Declaration of Self-Sufficiency.

So you're suggesting to file I-944?

 

You think reaching out to my ex and have her do I-864, will work?

[Pinkrlion 2,724]

27 minutes ago, JonSeattle said:

It seems to me that if the K-1 got married, then the kids are eligible to AOS. The problem is the I-944 without the cooperation of the original sponsor. 

 

The way around that appears to be to file I-360 on behalf of the kids, see

https://www.shautsova.com/law-publications/green-card-based-vawa.html

assuming they have not aged out and it has not yet been 2 years since the divorce. (I wrote I-130 yesterday when I meant to write I-360).

The kids only qualify if they were a victim, not because their mom was a victim.  OP needs to obtain a lawyer.  She is trying to finish the AOS process from 2017, in which the kids no longer qualify for that benefit.  For K-2, only the petitioner can complete the AOS process, and 4 years later that benefit has ended as well.  

 

Since she is an LPR, she will have to start the process all over again for her children.  

Edited November 24, 2020 by Pinkrlion

[geegeemarie 0]

29 minutes ago, JonSeattle said:

It seems to me that if the K-1 got married, then the kids are eligible to AOS. The problem is the I-944 without the cooperation of the original sponsor. 

 

The way around that appears to be to file I-360 on behalf of the kids, see

https://www.shautsova.com/law-publications/green-card-based-vawa.html

assuming they have not aged out and it has not yet been 2 years since the divorce. (I wrote I-130 yesterday when I meant to write I-360).

Hi, I looked at the link, I was told that I cannot file under that because my kids were never abused. It was just me who experienced the direct abuse.

Edited November 24, 2020 by geegeemarie

[geegeemarie 0]

8 minutes ago, Pinkrlion said:

The kids only qualify if they were a victim, not because their mom was a victim.  OP needs to obtain a lawyer.  She is trying to finish the AOS process from 2017, in which the kids no longer qualify for that benefit.  For K-2, only the petitioner can complete the AOS process, and 4 years later that benefit has ended as well.  

 

Since she is an LPR, she will have to start the process all over again for her children.  

Hi,

 

Yes that's what i'm trying to do.. So if that benefit is no longer available, How do I start the process again? Thank you.

[mushroomspore 3,044]

14 minutes ago, geegeemarie said:

So you're suggesting to file I-944?

 

You think reaching out to my ex and have her do I-864, will work?

I don't think that will work because you guys are divorced. The fundamental basis for marriage-based AOS is that the immigrant is currently married to a US citizen. That is the first qualifier that extends to any qualifying beneficiaries (your kids that you brought over on K-2). Since you are not married to a US citizen anymore, your kids do not qualify for AOS.

Edited November 24, 2020 by mushroomspore

[mushroomspore 3,044]

1 minute ago, geegeemarie said:

Hi,

 

Yes that's what i'm trying to do.. So if that benefit is no longer available, How do I start the process again? Thank you.

https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents I believe this is what you should be looking at and I'm pretty sure your children have to leave the US because they're out of status and deportable.

[Ontarkie 14,234]

~~Moved to Effects of Major Family Changes, from AOS Family - the OP case involves DV and this forum is better suited.~~

Edited November 24, 2020 by Ontarkie