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Bonmerci

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    Bonmerci reacted to dwheels76 in Awaiting AOS decision, want to bring kids to US   
    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.
  2. Like
    Bonmerci got a reaction from Family in Awaiting AOS decision, want to bring kids to US   
    Thank you so much! 🙏🏿
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    Bonmerci reacted to Timona in Awaiting AOS decision, want to bring kids to US   
    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.
  4. Thanks
    Bonmerci reacted to Family in Awaiting AOS decision, want to bring kids to US   
    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
  5. Thanks
    Bonmerci reacted to Chancy in Awaiting AOS decision, want to bring kids to US   
    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.
  6. Like
    Bonmerci reacted to Crazy Cat in Divorcing   
    1.  Protect yourself and your children physically and financially through a good divorce attorney.
    2.  Divorce, move on, and seek happiness for yourself.
    3.  Let him worry about his own immigration journey.  He will have to convince USCIS that he entered the marriage in good faith.   You are not required to participate.
    Good luck.
  7. Thanks
    Bonmerci reacted to Zenchi in B2 Visitor Visa, overstayed, Married, AOS (merged topics)   
    Yes, you will need to file both an I-130 and I-485 which you can do concurrently. They both have their own fees. I also suggest filing I-765 for employment authorization and I-131 for advanced parole with your I-485 if you plan to leave the country before obtaining a green card. The I-693, Medical Examination of Aliens Seeking Adjustment of Status and I-864, Affidavit of Support will also need to be completed with the I-485. This link has great information about all of these forms and their relation to the AOS filing.
     
    https://www.visajourney.com/guides/i130-spouse-inside-usa/
     
  8. Thanks
    Bonmerci reacted to Noname93 in B2 Visitor Visa, overstayed, Married, AOS (merged topics)   
    And don't forget i-130A as well
  9. Thanks
    Bonmerci reacted to Mike E in B2 Visitor Visa, overstayed, Married, AOS (merged topics)   
    Sorry since you are trying to adjust from within (inside) the USA, I gave your the wrong link.  
     
    This  is the correct link:
     
    https://www.visajourney.com/guides/i130-spouse-inside-usa/
     
     
  10. Thanks
    Bonmerci reacted to Mike E in B2 Visitor Visa, overstayed, Married, AOS (merged topics)   
    Follow the process laid out for you in 
     
  11. Like
    Bonmerci got a reaction from SalishSea in B2 Visitor Visa, overstayed, Married, AOS (merged topics)   
    Thank you! 
  12. Thanks
    Bonmerci reacted to Crazy Cat in B2 Visitor Visa, overstayed, Married, AOS (merged topics)   
    The answer is "No".  You are not applying under that statute. 
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