Step father sponsor need help

[Riverbed9051 4]

Hello everyone my friend is looking for advice and lawyers want to charge her 10k+ to file what I think should be an easy thing to do, but am looking for advice here!

 

 

My friend is 19 years old turns 20 September 18.

Her mom has been married to a USC for two years. They married before she was 18.

They both entered the country on a b2 and overstayed.

What would be the process for her to get LPR can she file with her mothers petition since she’s under 21? Does she have to wait until her mom is approved and then file? They’re from Brasil.

 

So they would have to file two petitions both containing the following:

Documents Relating to I-130, Petition for Alien Relative

1. Form G-1145 to request notification

2. I-130 Petition for Alien Relative

3. Form I-130A

4. Check for filing fee

5. Petitioner Birth Certificate front

6. Petitioner Passport page

7. Beneficiary foreign passport

8. Beneficiary Birth certificate in original language

9. Beneficiary Birth certificate with English translation

10. Passports style pictures for both with name on back

11. Supporting documents showing bona fide marriage -----

EXCEPT HERE for my friend who would just need a marriage certificate to show it happened before she turned 18?

a. Copy of Marriage Certificate b. Apartment lease agreement c. Health insurance under petitioner d. Joint Financials e. Proof of Beneficiary as beneficiary on retirement accounts f. Three letters of support from friends with licenses g. Pictures of couple together with friends and family

Documents Relating to I-485, Application to Adjust Status or Register Permanent Residence

1. Form G-1145 to request notification

2. Form I-485, Application to Adjust status or Register Permanent Residence

3. Copy of Beneficiary’s passport with entry stamp

4. Copy of Beneficiary’s U.S. Visa, reflecting entry as a tourist

5. Copy of Form I-94

6. Copy of Beneficiary’s Birth Certificate in Portuguese

7. Copy of Beneficiary’s Birth Certificate in English

8. Check for filing and biometrics fee

9. Form I-864

10. Petitioner tax return transcripts last three years

11. Petitioners social security card

12. Petitioners pay stubs dating six months

13. Two passport style photos

14. Copy of beneficiary’s passport

Documents Relating to I-765, Application for Employment Authorization

1. Form G-1145 to request notification

2. Form I-765 Application for Employment Authorization

3. Two passport style photographs taken November 2020

4. Copy of I-94

5. Copy of Marriage certificate

6. Copy of Passport Page

7. Copy of Passport Page with U.S. Visa

8. Copy of Entry stamps

9. Form G-1145 to request notification

10. Form I-131 Application for Travel Document

11. Reasoning for Advanced Parole

12. Two Passport style photographs

13. Copy of passport page

14. Copy of U.S. Visa

15. Copy of entry stamps

16. Copy of form I-94

Edited March 25, 2023 by kaka8miranda

[Timona 4,207]

Looks like he can petition both. Go ahead. Use same guide that's at the top of the page. 

 

When did they come in and when did they marry, approximately?

Edited March 25, 2023 by Timona

[Redro 4,611]

Two separate i130s two i485s. 

[Riverbed9051 4]

33 minutes ago, Timona said:

Looks like he can petition both. Go ahead. Use same guide that's at the top of the page. 

 

When did they come in and when did they marry, approximately?

That’s what I thought, but how does she show proof of relationship? 
 

Her mothers marriage certificate and her birth certificate? 
 

Not exactly sure would have to ask

25 minutes ago, ROK2USA said:

Two separate i130s two i485s. 

Thank you and I’m assuming two separate 765 for employment authorization? 

[Ryan H 3,812]

Moved from Brining Family Members of US Citizens to America forum to Adjustment of Status from Work, Student, & Tourist Visas forum.

[SalishSea 17,746]

I'd expect scrutiny.

 

Mom and teen daughter come to the US on a B visa, and mom just happens to meet someone to marry, and now wants them both to adjust?

[Riverbed9051 4]

3 minutes ago, Jorgedig said:

I'd expect scrutiny.

 

Mom and teen daughter come to the US on a B visa, and mom just happens to meet someone to marry, and now wants them both to adjust?

I mean they met here. Mom, daughter and ex husband come to usa on B visa ex husband moves back and mom moves on.

 

Should have included that as well in OG post

[powerpuff 6,604]

3 hours ago, kaka8miranda said:

I mean they met here. Mom, daughter and ex husband come to usa on B visa ex husband moves back and mom moves on.

 

Should have included that as well in OG post

That…. Actually makes it worse. I’d expect scrutiny as well. 

Edited March 25, 2023 by powerpuff

[SteveInBostonI130 3,408]

In this case I recommend using a lawyer.  Don't go with the first lawyer they meet.  Consult with several and ask if they handled similar cases.

[Riverbed9051 4]

Thanks - everyone I’ll make sure to pass the information along. 
 

is there more scrutiny on the mom or the daughter? 

[jackiegringa 419]

1 hour ago, kaka8miranda said:

Thanks - everyone I’ll make sure to pass the information along. 
 

is there more scrutiny on the mom or the daughter? 

Both, their actions were the same (tourist visa + overstayed + adjust status) and in any case the daughter petition is based on the marriage of the mom, so it's not like one is different than the other. 10k does seems high for the case, unless maybe that already included the form fees? But yeah, lawyer up

[Mike E 11,739]

11 hours ago, kaka8miranda said:

lawyers want to charge her 10k+ to file what I think should be an easy thing to do, but am looking for advice here!

 

6 minutes ago, jackiegringa said:

. 10k does seems high for the case

Lawyer: “So you are a divorcee with a child under age 21: do you have your originals of: marriage certificate, final divorce decree, your birth certificate, your child’s birth certificate?”

 

Outcome A:

 

Mom: “yes”

 

Lawyer (thinking to himself  “it is unusual for someone traveling on a B visa to carry such critical documents. I expect problems overcoming suspicion of immigration intent. I better charge a high flat fee”

 

Lawyer (out loud): “$10,000”

 

Outcome B:

 

Mom: “no”

 

Lawyer (thinking to himself): “Arrrgh. Getting these documents from the foreign civil authority is going to be ugly. I better charge a high flat fee”

 

Lawyer (out loud): “$10,000”

[Riverbed9051 4]

8 minutes ago, Mike E said:

 

Lawyer: “So you are a divorcee with a child under age 21: do you have your originals of: marriage certificate, final divorce decree, your birth certificate, your child’s birth certificate?”

 

Outcome A:

 

Mom: “yes”

 

Lawyer (thinking to himself  “it is unusual for someone traveling on a B visa to carry such critical documents. I expect problems overcoming suspicion of immigration intent. I better charge a high flat fee”

 

Lawyer (out loud): “$10,000”

 

Outcome B:

 

Mom: “no”

 

Lawyer (thinking to himself): “Arrrgh. Getting these documents from the foreign civil authority is going to be ugly. I better charge a high flat fee”

 

Lawyer (out loud): “$10,000”

They divorced in the states after ~4 years of overstaying. 
 

But thank you very much 

[Mike E 11,739]

11 hours ago, Timona said:

When did they come in

This was not (sort of) answered until your reply to my explanation for why the fee is high.

13 minutes ago, kaka8miranda said:

They divorced in the states after ~4 years of overstaying.

The details keep changing. So they have the U.S. divorce decree. That just creates more suspicion. $10K is a bargain.

Quote

But thank you very much

I infer dismissal. Happy to oblige. I am out.

Edited March 25, 2023 by Mike E

[Boiler 45,318]

$10k for both is not out of the ordinary and this is not ordinary.