Getting Married to a permanent green card holder and need to apply for my daughters

[Shay1 7]

Hi All, 

 

I am getting married with a permanent green card holder, he is applying for his citizenship .

But my issue is are my two girls, he is not their father, and I want to apply for them as well with my application. Can I do that? or does he need to legally adopt them for that? 

And if not what are my options? I dont want them to be here illegally. Any help would be greatly appreciated. 

[Allaboutwaiting 2,503]

From my pretty poor understanding of this specific matter, if he is an LPR he'll file a petition for you that would include your daughters as accompanying children. If he's a citizen, he would file separate petitions for each kid.

Other considerations include their age and marital status.

 

Now, you mention you don't want them to be in the US illegally. Are you all in the US now? How long have you been here? Which visa you used to enter the country? 

Edited January 23, 2022 by Allaboutwaiting

[Shay1 7]

@Allaboutwaiting Thank you so much for your reply. I cam here on a tourist visa and my girls too. The thing is I spoke with an attorney and he said that since my fiance is not a citizen yet I can't apply for my girls yet. Only once he becomes a citizen I can. But other people told me I can so I am not sure what to do. I don't know what will happen if I apply would they get rejected? does my fiance need to legally adopt them for them to be in a petition with me? I am a bit confused about that . . .

[Allaboutwaiting 2,503]

6 minutes ago, Shay1 said:

@Allaboutwaiting Thank you so much for your reply. I cam here on a tourist visa and my girls too. The thing is I spoke with an attorney and he said that since my fiance is not a citizen yet I can't apply for my girls yet. Only once he becomes a citizen I can. But other people told me I can so I am not sure what to do. I don't know what will happen if I apply would they get rejected? does my fiance need to legally adopt them for them to be in a petition with me? I am a bit confused about that . . .

When did you enter the US?

[Shay1 7]

six months ago

[Allaboutwaiting 2,503]

If your I-94 already expired you must leave the country as you're out of status and you and your kids are already deportable.

 

Once married, your husband can petition you and include your children in the petition -as long as they're under 21 and unmarried-. If during the process he becomes a citizen and he legally adopts your daughters, I believe they can become US citizens through him IF they're under 18. You would need to wait for your petition and visa to be approved and would enter the US as an LPR.

 

You cannot stay in the US awaiting for any process as you'd accrue unlawful presence which would ban you from entry.

 

Hope some members more familiar with derivatives immigration join the thread to post their suggestions/advice. 

Edited January 23, 2022 by Allaboutwaiting

[SteveInBostonI130 3,477]

13 minutes ago, Shay1 said:

six months ago

So..are you still in status?  What is your I-94 admit until date?

[Shay1 7]

@SteveInBostonI130 @Allaboutwaiting Yes, I am still in status. I have a little over a month left, and I do not plan on being here out of status here. That's why I want to know while we file everything that means we are in process and therefore in status or at least not deportable until we get approved? or are will we be considered out of status and deportable while we wait for our approval? 

[SteveInBostonI130 3,477]

2 minutes ago, Shay1 said:

@SteveInBostonI130 @Allaboutwaiting Yes, I am still in status. I have a little over a month left, and I do not plan on being here out of status here. That's why I want to know while we file everything that means we are in process and therefore in status or at least not deportable until we get approved? or are will we be considered out of status and deportable while we wait for our approval? 

If you file the i-485 before the I-94 expires, you will be in a period of authorized stay while the AOS is being processed.  That is, until USCIS makes a decision, you will not accrue unlawful status.

 

 

[Allaboutwaiting 2,503]

2 minutes ago, Shay1 said:

@SteveInBostonI130 @Allaboutwaiting Yes, I am still in status. I have a little over a month left, and I do not plan on being here out of status here. That's why I want to know while we file everything that means we are in process and therefore in status or at least not deportable until we get approved? or are will we be considered out of status and deportable while we wait for our approval? 

You cannot wait inside the US as your future husband is not a US citizen -he hasn't filed yet and the citizenship process takes a year or more-.

 

And check the exact expiration date of your I-94 as tourists are granted 180 days stay maximum. 

[Allaboutwaiting 2,503]

6 minutes ago, SteveInBostonI130 said:

If you file the i-485 before the I-94 expires, you will be in a period of authorized stay while the AOS is being processed.  That is, until USCIS makes a decision, you will not accrue unlawful status.

 

 

That just applies to US citizens' immediate relatives. 

She's not married yet and the fiancé is an LPR.

Edited January 23, 2022 by Allaboutwaiting

[SteveInBostonI130 3,477]

2 minutes ago, Allaboutwaiting said:

That just applies to US citizens immediate relatives. 

She's not married yet and the fiancé is an LPR.

 

From my understanding, as long as the PD is current, which it is for F2A, spouse of LPR, then the beneficiary can apply for adjustment of status as long as he/she is in the US legally and not out of status.   Overstays are forgiven for spouses/IR's of USC's only, but the OP have not overstayed.

 

OP does need to marry and file the I-130 and I-485 before her I-94 expires.

[Allaboutwaiting 2,503]

@Shay1 Follow SteveinBoston's advice but ONLY IF you file the forms BEFORE your I-94 expires. 

 

What is the exact day of expiration?

[Crazy Cat 42,032]

6 hours ago, Shay1 said:

Hi All, 

 

I am getting married with a permanent green card holder, he is applying for his citizenship .

But my issue is are my two girls, he is not their father, and I want to apply for them as well with my application. Can I do that? or does he need to legally adopt them for that? 

And if not what are my options? I dont want them to be here illegally. Any help would be greatly appreciated. 

If you are out of status for any reason or violate immigration laws (expired I-94, working without authorization, etc), you can never adjust status through him until he is a US citizen. 

Edited January 23, 2022 by Crazy Cat

[EmilyW 1,505]

Also curious on the ages of your children.  If they are at school age, have they been attending school?