K2 AOS, RFI received- I AM ALREADY DIVORCED

[HRQX 4,145]

15 minutes ago, Timona said:

1. File I-130 for each child, let them stay but return to mother country right before adjudication of their petition

*right before visa medical and consular interview.

 

Can stay in the US after I-130 approval and do NVC steps before leaving.

[geegeemarie 0]

31 minutes ago, Timona said:

 

This should be interesting.

Does ex even know you petitioned based on DV? By you trying to approach, I gather ex does not know. I stand corrected. 

Oh we never talked after the divorce. And she never really bothered asking me after that. But im pretty sure she knows i can do mine, because i was assisted by legal aid during that time. Even our divorced was assisted by legal aid at that time... and divorced was solely because of DV..

[Timona 4,207]

11 minutes ago, geegeemarie said:

Oh we never talked after the divorce. And she never really bothered asking me after that. But im pretty sure she knows i can do mine, because i was assisted by legal aid during that time. Even our divorced was assisted by legal aid at that time... and divorced was solely because of DV..

 

You do understand the bolded does not state if she knows you ROCed solely on the DV. But it is not my mine to indulge. However, just re-read my two previous points about going this route and then make a WISE judgment.

 

Atleast we have debated and showed you the clear path to follow in terms of getting the kids legal residency. That was the immigration question.

 

Edited November 24, 2020 by Timona

[Boiler 45,558]

As far as I can see the children have no legal basis to stay in the US.

Edited November 24, 2020 by Boiler

[Demise 1,290]

7 hours ago, geegeemarie said:

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

 

 

4 hours ago, mushroomspore said:

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.

That's not exactly true, K-1s (and by extension K-2s) can be granted AOS even if the marriage is no longer valid (i.e. it ended one way or another) as per Matter of Sesay (BIA, 2011). But the bigger problem is that he never signed an I-864 for them and there's no way around that and you can't just become a substitute financial sponsor if the petitioner is still alive.

 

There's really 3 ways to go about this:

1. File a VAWA self petition for each of them, though you have to prove that each suffered abuse at hand of your ex, you can probably most likely move the previously filed I-485s to I-360s, the caveat is that I don't think there's a 2 year cut off after divorce like with spouses, meaning that you would need to demonstrate that a stepparent-stepchild relationship exists in some measure, even if it's hostile, AAO has approved cases like this before

2. Have the ex sign off an on I-864, which is extremely unlikely considering the circumstances

3. Have you file new I-130s for each of the children and have them do consular processing. They are ineligible to AOS due to two reasons: First being that you're presumably an LPR and children of LPRs cannot adjust after an overstay, second being that K-1 and K-2s can only AOS on an application filed or otherwise directly connected to whoever got them the K-1/2, meaning either the I-129F, a new I-130 filed by the same spouse/stepparent, or a VAWA I-360 filed where the spouse/stepparent that got you the K-1/2 was the abuser. Here we come into issues of inadmissibility, if any of them are getting close to 18 years and 180 days old they should leave US immediately to avoid the 3 or 10 year ban, if it's already too late they'll need an I-601A.

[Boiler 45,558]

Seems ex had no involvement with children so1 is out.

 

Agree on 2 now that would be weird but who knows.

 

3 yes but we also need to remember the ToS and any suggestion that they should stay illegally clearly would fall foul.

[HRQX 4,145]

4 minutes ago, Demise said:

Here we come into issues of inadmissibility, if any of them are getting close to 18 years and 180 days old they should leave US immediately to avoid the 3 or 10 year ban, if it's already too late they'll need an I-601A.

OP said they are aged 12 and 14.

[Demise 1,290]

Just now, HRQX said:

OP said they are aged 12 and 14.

Must've missed it, thanks. Well in that case unless USCIS drags their feet a lot in approving the new I-130s and forwarding their cases to NVC re-entry bars shouldn't be an issue.

[geegeemarie 0]

2 hours ago, Timona said:

 

You do understand the bolded does not state if she knows you ROCed solely on the DV. But it is not my mine to indulge. However, just re-read my two previous points about going this route and then make a WISE judgment.

 

Atleast we have debated and showed you the clear path to follow in terms of getting the kids legal residency. That was the immigration question.

 

Yes.. I read your post. And I appreciate you showed me options. Me and my ex have the same circle of friends, most of them know I already have my 10yr gc. So I would assume one of our nosey common friends told her or updated her..  

 

 

And also I appreciate everybody who gave their inputs.