Married refugee in US. AOS questions

[Billbus 3]

Hello, I am a US citizen and I recently married a Ukrainian lady who is a refugee on the U4U program. She and her two children are already living in the US when we married  but they don't have green cards. I read the USCIS website but not everything is clear.

 

1) Because they are already in the US, do I need to file any other forms besides the I-485 to get them green cards? I know most people do a I-130 and I-129 for their spouses and fiancees outside the country but not sure about someone already in the States.

2} Because both her children are under 14 yo, will I need to file one I-485 for her and the two kids or will I need to file three I-485 for each of them?

3) In filing fees, I read about the cost for my wife and a lower cost for the kids but I also read "If you are a refugee or you were paroled as a refugee." the cost is $0. Does it mean they won't have to pay for AOS as refugees although my wife married me, a US citizen?

 

Answers to those questions and any other advice will be appreciated. Thank you.

 

 

 

 

[OldUser 6,477]

Yes, you need to file I-130.

I-130 is to confirm relationship between US citizen and their foreign spouse. Same goes for kids.

So you need 3 x I-130 and 3 x I-485 at a minimum.

 

Ideally they should also get I-131 and I-765 each. Depending on fees you may skip those if comfortable. You also need I-864 for each, I-693 for each.

 

AFAIK, U4U is not considered refugee and cannot get fees waived, but others can correct me.

 

 

Edited July 23 by OldUser

[OldUser 6,477]

Related thread:

 

 

[Dashinka 24,375]

Here is the guide for adjusting status.  As @OldUser stated, you will need a package for each person.

 

Good Luck!

 

 

[Dashinka 24,375]

6 hours ago, OldUser said:

Related thread:

 

 

The one update from this thread is now there are fees for the I765 and I131 if those are included in the package.

[Boiler 45,314]

U4U are Parolees not Refugees. They could potentially file for Asylum but that would be complicated. I assume most would not qualify.

 

Seems a simple adjustment case, be aware that LPR's do miss out on a lot of benefits Parolees have.

[Billbus 3]

Thank you all for your replies. Although our government has overloaded the immigration department with work, I hope it won't take long for my wife to get her green card.

[Ontarkie 14,193]

~~Moved to AOS from Work, Student and Tourist Visas, from AOS Family K1/K3- as this is not a K1 AOS process.~~