Hi,

My fiancee and my step-son came to America 3 weeks ago through an I-129F I filed for them and she needs to go back home bcos her father was seriously ill and she is the only child. She is going back next week but she wants to leave her 2-years son with me which I have no problem since my sister would be taking care of him, how can I make the son legal or what form should file for him ? If need be I can adopt him. I already filed I-130 for the mother to come back to the State.
Help me, and thanks in advance.

You posted this in the K3 forum but indicate your "fiancee" is here on a K1 visa. If she leaves the US before obtaining advanced parole, she will not be allowed to return to the US without going through the visa process again. Did you get married? Is she still here? You are playing with fire. Be very cautious.

we already married and she can get visa through 130 form as i was told...

Yes, she can. It will take about a year. She will not be able to return to the USA until she has the immigrant visa unless you start the AOS process and obtain advanced parole before she leaves. The stepson can remain here and you file to adjust status. Adoption is not needed.

so I file I-130 the fiancee while she is out of the country? What form should I file that will cover the son too?

According to your earlier post, you don't have a fiancee. You have a wife. The I-130 is filed for each. For your wife, you file it alone. For your stepson, you can file it along with the I-485 to adjust status. The status adjustment will continue after his I-130 is approved. Your wife will interview for a new CR1 or IR1 visa back in her home country. Whether CR1 or IR1 will depend on whether her interview occurs before or after your 2 year wedding anniversary.

If I misunderstood, and she is still your fiancee, it is critical that you marry within the 90 days after her arrival in the USA, whether or not she leaves the USA afterwards.

All the above assumes you are married and that she leaves the USA without advanced parole. I don't recommend she does that but circumstances may well dictate that she do so.

Love4ver,

You may have a problem with the boy. He can apply for adjustment of status as a derivative of his mother's application for adjustment of status. But she hasn't yet applied for adjustment of status? And if she does apply she will abandon her applicationby leaving the USA without advance parole? Either way may lose the boy a basis to adjust status.

Filing an I-130 for the boy as pushbrk suggests may solve the problem, I don't know.

I think you might want to consult with an immigration attorney before you and your wife take any further actions that you may come to regret.

Yodrak

If not, your fiancee might want to look into