Filling I-485 for step child after filling I-130 for abroad

[CarlosDR 0]

Hi, I have a question i can't seem to find an answer on stablished forums. I'm a us citizen and filed I-130,  485 for my wife (she is in the US) , also filed I-130 for her son (my step child and he is outside the country). He has visitor Visa and he is in the US visiting us now. Is it possible to file I-485 for him and have him stay instead of waiting the consular immigrant Visa? If so, any difficulties on that because his I-130 says will go through the consular office. My wife is already a conditional resident CR1

 

Thanks

[Transborderwife 4,666]

~~moved to AOS from work student tourist visa forum~~

Confused, did your wife AOS or come in on a cr1?

[CarlosDR 0]

She came as tourist. We met and married in the US. I applied for her adjustment of status. At the same time I summited for her son's I-130 but he was outside the country. He has a tourist visa and came to visit now.

[Transborderwife 4,666]

6 minutes ago, CarlosDR said:

She came as tourist. We met and married in the US. I applied for her adjustment of status. At the same time I summited for her son's I-130 but he was outside the country. He has a tourist visa and came to visit now.

How old is your step son?

[f f 725]

has the child's biological father agreed to have him immigrate? since this can easily turn into international kidnapping.

[CarlosDR 0]

He is 11 years old. Sorry forgot to mention that.

[CarlosDR 0]

His father agrees yes. But we all think the only chance was through consular office since he was abroad when we started the process

[Transborderwife 4,666]

5 minutes ago, CarlosDR said:

He is 11 years old. Sorry forgot to mention that.

Then I believe that yes you can file an AOS for him.  HOWEVER until he has residency (EAD/AP) he may not attend public school.

[CarlosDR 0]

Does it need any explanation letter? since I sent an 130 form to be done at consular office

[Jojo92122 1,924]

13 minutes ago, Transborderwife said:

Then I believe that yes you can file an AOS for him.  HOWEVER until he has residency (EAD/AP) he may not attend public school.

The child can attend school immediately.  The child does not need residency or EAD/AP.  The US Supreme Court has already ruled on this years ago.  Public schools can not ask for the immigration status or deny an education to a child. . . even if that child entered the US illegally.  Google Plyler v. Doe.

 

2 minutes ago, CarlosDR said:

Does it need any explanation letter? since I sent an 130 form to be done at consular office

No explanation needed.  Just file the I-485, etc.

Edited June 6, 2017 by Jojo92122

[f f 725]

you will need to update uscis about the i130. the child can attend school while waiting for it to process since once you submit the paperwork he is no longer a tourist but not quite a permanent resident but enough of one that state laws usually require him to be in school.

 

more importantly does he actually want to move to the us. since you are his step parent he has until he turns 21 to make that choice and it should be his to make.

[CarlosDR 0]

Sweet Thanks!. We are not sure yet doing  anything if he can't go to school meanwhile. But at least we know what options we got, thanks again

[Transborderwife 4,666]

11 minutes ago, Jojo92122 said:

The child can attend school immediately.  The child does not need residency or EAD/AP.  The US Supreme Court has already ruled on this years ago.  Public schools can not ask for the immigration status or deny an education to a child. . . even if that child entered the US illegally.  Google Plyler v. Doe.

 

No explanation needed.  Just file the I-485, etc.

Should not would have been better words, sorry.  

[CarlosDR 0]

Ahh gotcha, thanks so much!

[CarlosDR 0]

An update by mail or just call main number? I don't think the case is on NVC yet