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Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted

@Shay1, if you decide to adjust status, then your children are your derivatives as long as they are under 18 (or is it 21? - if someone here can verify?).  Your LPR husband does not need to adopt them or file separate petitions for them.

 

However, it is important that your husband remains an LPR.  He should not become a citizen until your AOS is completed. I am not exactly sure if or when during the process he can become a USC. 

 

The cases I am aware of where this is a problem is for consular F2A processing.  For that, if the petitioner becomes a USC the beneficiary is no longer an F2A and instead is a CR1/IR/1.  CR1/IR1 does not allow for derivatives - the petitioner has to submit a I-130 for each stepchild.   That is why we recommend to posters to remain an LPR if their case is at NVC and close to interview.   For F2A adjustment cases, I do not know how or if the beneficiaries can be switched to different categories when the petitioner becomes a USC.

 

 

Posted
13 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. 

Stepchildren under 18 at the time of marriage can tag along. How it will look depends on your specific circumstances. Since it looks like you are without status you can't adjust until he naturalizes.

 

So marry ASAP (do an online marriage via whatever system Utah has if you can't get an appointment anywhere locally), have him naturalize, file an AOS packet (I-130/I-485/I-765/I-131/I-693/I-864) for you and for each kid that was under 18 at the time of the marriage.

For kids that were over 18 when you married you will have to petition them in either F2A (if under 21) or F2B (if over 21). They will also likely need an I-601A waiver or they will need to leave before turning 18 + 180 days to avoid a re-entry ban.

Contradictions without citations only make you look dumb.

Filed: IR-1/CR-1 Visa Country: Ukraine
Timeline
Posted
18 minutes ago, Demise said:

Stepchildren under 18 at the time of marriage can tag along. How it will look depends on your specific circumstances. Since it looks like you are without status you can't adjust until he naturalizes.

 

So marry ASAP (do an online marriage via whatever system Utah has if you can't get an appointment anywhere locally), have him naturalize, file an AOS packet (I-130/I-485/I-765/I-131/I-693/I-864) for you and for each kid that was under 18 at the time of the marriage.

For kids that were over 18 when you married you will have to petition them in either F2A (if under 21) or F2B (if over 21). They will also likely need an I-601A waiver or they will need to leave before turning 18 + 180 days to avoid a re-entry ban.

OP stated she is in status.  Her I-94 has not expired.

 

To wait for her spouse to naturalize will put her out of status.  Also, if he naturalizes, the children will be CR2/IR2, not F2A.  If she waits until her AOS completes in 2+ years for her to petition them as F2A, it puts them at needless risk

Posted (edited)
8 minutes ago, SteveInBostonI130 said:

OP stated she is in status.  Her I-94 has not expired.

 

To wait for her spouse to naturalize will put her out of status.  Also, if he naturalizes, the children will be CR2/IR2, not F2A.  If she waits until her AOS completes in 2+ years for her to petition them as F2A, it puts them at needless risk

She said she entered the country 6 months ago and still has a month left based on her I-94 -incongruous statements-. 

She has not given the actual date of expiration which is key to her case as she is not married yet and therefore not filed yet either. 

Edited by Allaboutwaiting
Posted (edited)
35 minutes ago, SteveInBostonI130 said:

OP stated she is in status.  Her I-94 has not expired.

 

To wait for her spouse to naturalize will put her out of status.  Also, if he naturalizes, the children will be CR2/IR2, not F2A.  If she waits until her AOS completes in 2+ years for her to petition them as F2A, it puts them at needless risk

Yeah I didn't mean that she would petition the ones that can tag along, rather they would get their own CR7 case going. But anyways in light of her and the kids still being in status:

 

Marry ASAP.

Now if any of the kids are 18-21 just have him hold off on naturalization, do one I-130 for you, and have all the kids just tag along on that as F2As. The reason for this is that F2A allows derivatives, and the derivatives only need to under 21 and unmarried and children of the primary (you), they do not need a step-parent - step-child relationship for this to work.

 

Now if none of the kids are over 18 then just marry asap, have him file an I-130 and the other AOS form for each, go ahead and naturalize.

Edited by Demise

Contradictions without citations only make you look dumb.

Filed: F-2A Visa Country: Nepal
Timeline
Posted

OP should note that some offices take weeks to issues the marriage certificate without which AOS can't be filed.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Citizen (apr) Country: Thailand
Timeline
Posted

Not sure where the OP is located, but if a fast marriage with Certificate in hand is needed, come to Vegas, and I can get you all set-up with certificate in hand in less than 1 hour. Message me if you need my services, I don't charge for VJ members. Marriage license is about 105 dollars, and certificates are 20 dollars each last I checked.

Here on a K1? Need married and a Certificate in hand within a few hours? I'm here to help. Come to Vegas and I'll marry you Vegas style!!   Visa Journey members are always FREE for my services. I know the costs involved in this whole game of immigration, and if I can save you some money I will!

 

 

 

Posted (edited)
1 hour ago, Shay1 said:

Thank you all for your replies! @Demise Yes, both of my kids are under 18 and not turning 18 anytime soon. So what is better to file the i-130 first or to naturalized my fiance first? Or can I send both applications simultaneously?

Yeah marry and do an individual AOS package for you and for each of the two kids. N-400 can be filed at any time (before, after, same time), doesn't matter in this case.

 

The important thing is that there's an individual I-130 for you and for each of the kids. This is because the IR category doesn't allow derivatives, each beneficiary needs their own I-130. Without this, an upgrade on solely your petition would knock the kids off it.

Edited by Demise

Contradictions without citations only make you look dumb.

  • 2 weeks later...
Posted
1 minute ago, Shay1 said:

Thank you all so much for your help!! 

@Demise so do I send 3 separate envelopes or can I send for the three of us in one big envelope?  and separate checks of course.

Separate application packages, separate checks, you can put all of them into one envelope.

Contradictions without citations only make you look dumb.

Posted
2 hours ago, Shay1 said:

@Demise thank you so much! Also do I file separate i864 for each of us?

and on the i864 for income I insert the adjusted gross income from the tax return? or something else?

 

Yes, one I-864 per each packet. Yes, adjusted gross income.

Contradictions without citations only make you look dumb.

 
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