Hello All, After spending some time on this site ive decided to do my AOS filing on my own, plus the Attorney fees to get it done was way beyond what i can afford. I was hoping that you kind folk would help me along the way :)
SO here is my info, I came to the US on June 10th 2016 and married my girlfriend of over 1 year on Friday 12th Aug 2016. We have been dating for a little over and year, she visited me once in my country and i visited her 3 times in the US. She is an American citizen and is ready to sponsor me so I can adjust my status. I came here on a visitor B2 visa. My visa is valid and stamped by CBP for length of stay until December 12th 2016. Our marriage is legitimate, we are just one month apart in age and we met online via a common hobby.
Now she was previously married and her divorce became absolute in December 2015. I was also previously married and my divorce became absolute on Aug 9th 2016. MY ex wife and I has been living separated for about a year, then we filed for a divorce, during the separation this is when I met my now wife.
I have one son with my ex wife, he is a minor and we agreed on joint legal and physical custody of him. My son is also here with me in the US now, he also came on a B2 visitor visa. My wife is also willing to sponsor him also to adjust his status. My ex wife has granted me permission for that and whatever necessary arrangements need to be made.
Thats basically my current situation. I dont have any criminal records and never had any issues with my passport and visa at my home country or while I visited in the US, English is also my first language and all my official documents are in english.
To sum up:
both my son (minor) and I is presently in the US on a non immigrant visitor visa
Recently married in the US, my spouse is a US Citizen and falls within the financial bracket to sponsor myself and my son
Both petitioner and benificiary both legally divorced
I would be applying for AOS for the both of us (my son and I), I-485 form
Applying for EAD - I-765 form
Applying for travel document for myself and my son - I-131 form
My spouse would have to apply for Petition for Alien Relative, I-130 form
Im looking over this link to familiarize myself with the whole process and about to prepare my documents
I have a couple questions and would appreciate any help offered
1) when doing the i-485 form , do I have to do a completely separate form and package for my son?
2) would my ex wife need to give some sort of written consent of her permission to do this process for my son?
3) would my spouse have to do a completely separate form and package for my son for petition for him? (i-131)