Navigating Immigration Options for My Girlfriend and Her Children

[pama2024 1]

 

I am a U.S. citizen, and my girlfriend is currently in the United States on a two-year teaching contract. She has two children under the age of 21 who are still in her home country. We are trying to determine the best approach for her immigration status, particularly regarding how to bring her children to the U.S. Should we get married first, or should we consider the K-1 fiancé visa process to facilitate bringing her children here?

[Dashinka 24,480]

Are they both under 18?  If you marry before the children are 18, they are considered children with respect to filing I130s for them.  You will also have to navigate the legalities of immigrating children with respect to the other parent.

 

Good Luck!

[pama2024 1]

Thank you Dashinka

they are 9 and 12. So I understand you well, tell more about this: "You will also have to navigate the legalities of immigrating children with respect to the other parent."

[Dashinka 24,480]

1 hour ago, pama2024 said:

Thank you Dashinka

they are 9 and 12. So I understand you well, tell more about this: "You will also have to navigate the legalities of immigrating children with respect to the other parent."

It is just we know very little of the situation of your girlfriend and her children.  Does she have sole legal custody of the children?  Is their father still in the picture?  You have to look at situations like this when bringing children to the U.S. as if the father is still in the picture, he will need to grant some level of agreement to allow the children to immigrate.  You don’t need that to actually file an I130 for them, but it will be needed at the consulate interviews if they are required to have one.

 

Good Luck!

 

P.S.  I would suggest pursuing an I130 over a K1 here.

 

[Crazy Cat 41,811]

1 hour ago, Dashinka said:

I would suggest pursuing an I130 over a K1 here.

Tend to Agree.  Some ideas to consider.  Anyone else have thoughts?

 

OP can marry, then:

1.  File an I-130 for each of them.

2. Spouse can file an I-485 to adjust status.

3.  Children can do consular processing in home country.

This could cause issues for spouse due to travel/work restrictions after filing I-485

 

Option 2 after marriage

1.  File an I-130 for each of them.

2. Spouse and children all do consular processing in home country (Spouse travels back to home country for medical & interview).

This is going to take quite a bit of coordination and travel. 

 

Thoughts or ideas, anyone? 

Edited May 27 by Crazy Cat

[MMRF 21]

Is your GF on a J-1 w/ a 2 year home requirement? You shouldn't make any plans yet until you have this answer.

[appleblossom 2,441]

6 hours ago, pama2024 said:

 

I am a U.S. citizen, and my girlfriend is currently in the United States on a two-year teaching contract. She has two children under the age of 21 who are still in her home country. We are trying to determine the best approach for her immigration status, particularly regarding how to bring her children to the U.S. Should we get married first, or should we consider the K-1 fiancé visa process to facilitate bringing her children here?

 

The children should be able to get derivative visas from whatever her current visa status is, so they can move over at any time. But to stay longer term, as said above, you'll need to petition for them - just as you'll need to petition for her if she wants to stay in the US. 

[pama2024 1]

Thank you everyone for your valuable advice. She holds a J-1 visa and mentioned that the children could obtain J-2 visas. Regarding the children's father, they were never married, and she has been primarily raising them alone with full custody. I am particularly interested in MMRF's comment, "Is your girlfriend on a J-1 with a two-year home requirement? You shouldn't make any plans until you have this answer." Is there anything we need to work on, or will an I-130 petition take precedence over the J-1 status?

[milimelo 4,475]

24 minutes ago, pama2024 said:

Thank you everyone for your valuable advice. She holds a J-1 visa and mentioned that the children could obtain J-2 visas. Regarding the children's father, they were never married, and she has been primarily raising them alone with full custody. I am particularly interested in MMRF's comment, "Is your girlfriend on a J-1 with a two-year home requirement? You shouldn't make any plans until you have this answer." Is there anything we need to work on, or will an I-130 petition take precedence over the J-1 status?

J-1 if it comes with 2-yr home residence requirement is something you'll have to deal with and wait out before she can interview for immigrant visa. So, have her look in her passport - her visa will have the verbiage of 2YRHRR applies or does not apply. DS-2019 (I think that's the form for J-1 visa) will also have that listed. 

[Bob in Boston 698]

18 hours ago, pama2024 said:

Thank you Dashinka

they are 9 and 12. So I understand you well, tell more about this: "You will also have to navigate the legalities of immigrating children with respect to the other parent."

Might help if you mention what country she is from. This can make a difference

[mam521 2,057]

11 hours ago, pama2024 said:

Regarding the children's father, they were never married, and she has been primarily raising them alone with full custody.

Sole legal custody (court ordered agreement) or just he's not in the picture?  This matters.  

[pama2024 1]

She is from Cameroon and told me she has a 2 years residency requirement on her DS.. the father is not just in the picture. Thank you all for your input 

[Dashinka 24,480]

18 hours ago, pama2024 said:

Thank you everyone for your valuable advice. She holds a J-1 visa and mentioned that the children could obtain J-2 visas. Regarding the children's father, they were never married, and she has been primarily raising them alone with full custody. I am particularly interested in MMRF's comment, "Is your girlfriend on a J-1 with a two-year home requirement? You shouldn't make any plans until you have this answer." Is there anything we need to work on, or will an I-130 petition take precedence over the J-1 status?

If you take the spousal visa route, of course you will need to get married, then maybe about 6 months after she returns to start her 2 yr requirement you can submit the I130’s for her and the children.  It will take 18-24 months for those to process to the consulate phase, and then when the 2 years are close to being complete she can schedule the interviews.

 

Good Luck!

[Crazy Cat 41,811]

Bottom line, to me: @pama2024, with a 2 year HRR, that must be your first concern for her becoming a legal resident.  My understanding is that she will have to either return home and wait out the HRR per her contract....or she will have to seek a waiver and no objection letter (which is not guaranteed).  Seems that is a cumbersome, lengthy process.  There are countless threads here on VJ discussing that subject.  Either way, it's going to take some time.

[pama2024 1]

Thank you everyone, you've all been truly awesome! A special shoutout to @Dashinka , @Crazy Cat and everyone involved. The suggestion to start the application process six months in advance is brilliant. We are likely to take that route. Thanks again to all of you.