Awaiting AOS decision, want to bring kids to US

[Bonmerci 2]

Hello, 

 

I’m awaiting a decision for my AOS petition that I’ve sent out in January. I’ve already had my bio appt in February. Only RFE I received was a notice sharing that the provided affidavit of support had inaccurate info so I had to resubmit which I did recently this month and my case is now still under review awaiting a decision/ request for something, if any. 
 

I have 2 kids abroad that I’ve included in the original I-130 included with the AOS petition, what would the process be to bring them here if, hopefully, my AOS is approved? Or is there something I can be doing now while waiting on my petition. Kids are 10 and 20, both have birthdays in December. Bio father not in their lives so no need to worry about that.

[Timona 4,012]

How did you enter the country? On what visa?

[Chancy 6,236]

16 minutes ago, Bonmerci said:

I have 2 kids abroad that I’ve included in the original I-130 included with the AOS petition, what would the process be to bring them here if, hopefully, my AOS is approved?

 

I see from your previous posts that you are applying for AOS based on marriage.  Is your spouse a US citizen?  Was your older child already 18 (or older) on the day you married your petitioner?

 

Also, do you have documentary evidence that you have sole custody of your younger child?  US immigration won't just take your word that their bio father is not in their lives.

 

[Bonmerci 2]

2 minutes ago, Timona said:

How did you enter the country? On what visa?

B2 visitor visa and I overstayed, got married & am now adjusting status. I need to correct my timeline actually. 

[Bonmerci 2]

1 minute ago, Chancy said:

 

I see from your previous posts that you are applying for AOS based on marriage.  Is your spouse a US citizen?  Was your older child already 18 (or older) on the day you married your petitioner?

 

Also, do you have documentary evidence that you have sole custody of your younger child?  US immigration won't just take your word that their bio father is not in their lives.

 

Hello, yes my spouse is a US citizen. My eldest was 19 when I got married last year , dad is nonexistent, don’t know where he is & actually the younger child’s dad is willing to sign a document sharing he’s okay for me to take my son completely.

[Timona 4,012]

Nothing you can do until you get your GC. It's good you listed them on the I-130 but that does not confer any benefit to them because you're here AoSing and they're back home. 

 

Had you been outside, including them on like a K-1 would have helped. However, you cannot revert to consular because you yourself will get a 10 year ban as soon as you set foot outside US.

 

Your younger kid is fine. You should be able to petition for him/ her and she/he will come quickly. The older one might have to wait a while, probably 5 - 7 years from the date you petition for him/ her. Just make sure he or she stays unmarried because marriage doubles/ triples the wait time.

[Family 3,708]

27 minutes ago, Bonmerci said:

Hello, yes my spouse is a US citizen. My eldest was 19 when I got married last year , dad is nonexistent, don’t know where he is & actually the younger child’s dad is willing to sign a document sharing he’s okay for me to take my son completely

Your USC husband can file I-130  ( consular process ) for the 10 year old now. You can file I-130 for older son when you get your green card. ..hopefully not more than a year will pass

[Chancy 6,236]

Just now, Bonmerci said:

yes my spouse is a US citizen. My eldest was 19 when I got married last year

 

Thanks for the info.  Different visa types for your children --

• Your younger child qualifies as an immediate relative (stepchild) of your USC spouse.  Your spouse may file a separate I-130 petition for him now, to start the immigration process.  No need to wait for your AOS approval.  After the petition for your son is approved, he can immediately proceed with IR2 visa application.
• Your eldest does not qualify for IR2 because he was already 19 when you married your USC spouse.  You will have to wait after your AOS is approved before you can start the immigration process for your eldest.  Once you become a permanent resident, you may file an I-130 petition.  The visa category will probably be F2B, unmarried child (21 years or older) of LPR.  He will need to wait around 7 years from petition filing date before he can proceed with F2B visa application.

[Bonmerci 2]

9 hours ago, Timona said:

Nothing you can do until you get your GC. It's good you listed them on the I-130 but that does not confer any benefit to them because you're here AoSing and they're back home. 

 

Had you been outside, including them on like a K-1 would have helped. However, you cannot revert to consular because you yourself will get a 10 year ban as soon as you set foot outside US.

 

Your younger kid is fine. You should be able to petition for him/ her and she/he will come quickly. The older one might have to wait a while, probably 5 - 7 years from the date you petition for him/ her. Just make sure he or she stays unmarried because marriage doubles/ triples the wait time.

Thank you for this for information 🙏🏿

9 hours ago, Chancy said:

 

Thanks for the info.  Different visa types for your children --

• Your younger child qualifies as an immediate relative (stepchild) of your USC spouse.  Your spouse may file a separate I-130 petition for him now, to start the immigration process.  No need to wait for your AOS approval.  After the petition for your son is approved, he can immediately proceed with IR2 visa application.
• Your eldest does not qualify for IR2 because he was already 19 when you married your USC spouse.  You will have to wait after your AOS is approved before you can start the immigration process for your eldest.  Once you become a permanent resident, you may file an I-130 petition.  The visa category will probably be F2B, unmarried child (21 years or older) of LPR.  He will need to wait around 7 years from petition filing date before he can proceed with F2B visa application.

Thank you so much this is very helpful. 🙏🏿

[Bonmerci 2]

9 hours ago, Family said:

Your USC husband can file I-130  ( consular process ) for the 10 year old now. You can file I-130 for older son when you get your green card. ..hopefully not more than a year will pass

Thank you so much! 🙏🏿

[Bonmerci 2]

@Chancy @Timona

 

I know you said the second child can’t be petitioned for since they turned 18 at the time of marriage but this is showing my USC husband they can file for them if they aren’t over 21. Am I reading this incorrectly? Please advise 

[dwheels76 5,465]

5 minutes ago, Bonmerci said:

@Chancy @Timona

 

I know you said the second child can’t be petitioned for since they turned 18 at the time of marriage but this is showing my USC husband they can file for them if they aren’t over 21. Am I reading this incorrectly? Please advise 

As a stepparent you can file up to their 21st birthday. BUT, you have to have married before that child's 18th birthday. They did not so stepdad doesn't qualify.

It's mentioned in the section there "WHO CA NOT FILE" #3.

Edited April 21, 2022 by dwheels76

[Bonmerci 2]

2 minutes ago, dwheels76 said:

As a stepparent you can file up to their 21st birthday. BUT, you have to have married before that child's 18th birthday. They did not so stepdad doesn't qualify.

Oh ok this makes much more sense. Thank you!