belinda63

Why would you want to risk her being arrested, detained, and deported by waiting until after her period of authorized stay has expired.

Sounds like you were only married a year or less. Usually in marriages this short the parties just walk away with what they brought into the marriage. She made the decision to move to the US so she is responsible for whatever she is claiming she lost by moving here.

Sounds like the petition was approved but the interview hasn't even happened yet so there is not yet a K-1 visa. He can continue to visit using ESTA or tourist visa. Once the K-1 is issued then the next entry will use the visa. If need be you can delay the interview for a while to let him wrap up whatever it is in his country he needs to take care of.

There is a big difference between inconvenient and extreme hardship. My mother immigrated from Germany and would travel with me and my brother back to Germany to see her family. First trip I was 2 and my brother 4. She managed to make the trip there and back by plane with us and no one to help her. Yes it was not as easy as flying by herself but she managed just fine. Military spouses do it all the time, I went from Fort Benning in Georgia to Frankfort Germany with a two year old, and three cats. You have many options and that is how USCIS will look at it. You can travel with the children, you can find someone to care for the children and travel alone, he can come to the US to visit, you can meet in a different country with or without the children. But saying you cannot travel because you have young children is not an extreme hardship.

The I-134 has to reflect the petitioner's current situation. She can always use a co-sponsor to assist with showing the needed income. Once you arrive and the two of you secure living quarters together without the parents you can reflect that on the I-864 which will be filed with the adjustment of status. When you file to adjust status, after you are married, you can also apply for a work permit. It is a roll of the dice as to how long it will take to receive the employment authorization, maybe a few months after filing maybe 8 months after filing. Until you have the employment authorization in hand you will not be allowed to work.

They have only been married 2 months. The I-134 which is what is file for the K-1 is meaningless, it just shows the sponsor can support the intending immigrant. The I-864 is irrelevant as their is (or will not be) and adjustment of status because of the divorce. Even so the I-864 is between the sponsor and the US government. She should just pack her bags and go back home.

You cannot remove sponsorship once the green card has been issued.

The fees are no longer waived, you must pay for each.

To five an example of medical cost, I developed an eye disease at age 58 that requires periodic treatment. The cheapest available is $800 every 8 weeks if I didn't have insurance. The treatment I am on now would be $5000 every 16 weeks without insurance. Mom may be fine without insurance, I was for decades but I am so glad I had insurance when my eye disease began.

Honestly it could be days, weeks, months, years. You can ask for the passports to be returned while she is in administrative processing.

Then mom needs to file a new petition. LPRs cannot petition for married children. The day you married the petition became invalid.

Here is a link to an ACA insurance estimator.

Healthcare costs are going to be a big issue. She does not qualify for Medicare as she has never worked here. Most states require her to be an LPR for five years to qualify for Medicaid but remember you will be signing an affidavit of support that she will not receive federal public benefits and is she does you will pay them back. She cannot come on a tourist visa with the intent to remain. When she comes she will be asked the purpose of her visit and how long she plans to stay. Unless she wants to risk a ban for misrepresentation she must answer I am coming to get my green card and I don't intend to leave.

You attorney messed up by waiting until you authorized stay had expired to submit the paperwork and now you have to leave. You have no right to appeal, ICE knows where you are at, and if you fail to do as they told you there is a good chance they will place you in detention and put you on a plane back home.

Do the children have a CRBA (consular report of birth abroad). This is the first step as this establishes they are US citizens. Leave the social security number blank unless the CHILD has a social security number under their name.

Getting married and filing the I-130 does not negate the need for a waiver. When he goes for the interview he will be denied and told whether he is eligible for a waiver or not. Was he told a waiver was available when the K-1 was denied. Getting married changes nothing in regards to his drug conviction and his admissibility to the US.

Don't forget on the affidavit of support you have to count your ex-husband. So that will be four unless there are more that you haven't mentioned: You, your current non-spouse, your ex spouse, and the baby. Do you have the US based income or someone who will be a joint sponsor.

You might be better off returning home and having the baby there. Free healthcare and kindergeld.

File the I-130 and other required documents. Everyone continue with their life like normal. No way to know if the children will come as derivatives or not due to various factors. In about 20 years when they get their visa they will come to the US and get a stamp in the passport that acts as a green card until the physical arrives. They can start working day one provided they also have a social security number. Five years after they obtain the green card they can apply for citizenship. If one of them plans on working for at least 40 qualifying quarters (10 years), so until about 72 years old, they can apply for social security after the requirements are met and will also be eligible for Medicare.

You find an employer who is willing to hire you. The employer's attorney will file all the paperwork. You leave the US before the date on your I-94 and wait.

Three years of tax returns, this means the entire tax return as filed with the IRS and W2s OR tax transcripts which are available online. Just the W2s are not sufficient. As said in other posts proof of current income such as paystubs and a letter of employment.

The adoption severed the sibling relationship.

He can get a passport unless there is something other than his felony conviction such as unpaid child support preventing it. I check and it appears he can travel to Singapore with a felony conviction Personally I have been a felon since 2004 and have gotten a new passport since then and traveled to several countries.

Sorry I thought you were the petitioner. You can ride this out until you have your green card or You can file for divorce. Or you can ride it until you have the green card then file for divorce but be aware of major flags being flown if you make this choice. Have you tried marriage counseling.

Withdraw your petition/I-864.