Ajusting for kids

[Johnnny 0]

Is anyone got a case as mine...my wife came for a tourist visa but not intention to get married and we can prove that..i just spoke to my lawyer and he asked me 2 options which is one if i want to adjust my wife kids with her or later...but here's the thing if she wants to seperate their AOS we need to wait for few years like until my wife can have her citizenship...if we want to adjust the kids with her she needs to go back to her country and interview with them for their adjustment of status....i dont know this part..i didnt read some thread like this case in VJ so if anyone out there who got the same experience as we have....just give me an idea....if my wife adjust her status with her kids then she have to go back to her country...her I-94 is already expired...i am thinking it's a bit risky....is anyone can give me an advice... i appreciate any help i know a lot in here who got experience in immigration thing. I just sent an email to our lawyer about her I-94 i cant wait the aswer...so i might get a quick answer in this forum...thanks

Edited June 3, 2009 by Johnnny

[Bobby+Umit 161]

How old are the kids?

How expired is her I-94?

[Johnnny 0]

How old are the kids?

How expired is her I-94?

The kids are 13 and 11 and her 1-94 expired Dec. 28, 2008.

[Bobby+Umit 161]

to look at the different options. You will probably want to look at the 130 or the CR-1.

If she gets 180+ days past the expiration date of the I-94, she will have a ban on return to the US - (probably by the end of this month that will occur) - so if she leaves now, she will not suffer a ban. (or have to ge a waiver)

Your best bet would be for her to go home, collect all the paperwork (and her children) and file for a CR-1, then when she comes back, she has her greencard as soon as she enters the country.

Why do you think she needs to be an USC to petition for her kids?

[payxibka 10,044]

Is anyone got a case as mine...my wife came for a tourist visa but not intention to get married and we can prove that..i just spoke to my lawyer and he asked me 2 options which is one if i want to adjust my wife kids with her or later...but here's the thing if she wants to seperate their AOS we need to wait for few years like until my wife can have her citizenship...if we want to adjust the kids with her she needs to go back to her country and interview with them for their adjustment of status....i dont know this part..i didnt read some thread like this case in VJ so if anyone out there who got the same experience as we have....just give me an idea....if my wife adjust her status with her kids then she have to go back to her country...her I-94 is already expired...i am thinking it's a bit risky....is anyone can give me an advice... i appreciate any help i know a lot in here who got experience in immigration thing. I just sent an email to our lawyer about her I-94 i cant wait the aswer...so i might get a quick answer in this forum...thanks

Your wife does not go back to her country and adjust status as you cannot adjust your status in a foreign country (you need to be present in the USA to have status)... she would go back to get a VISA with her kids...

If the step parent stepchild relationship was created between you and the kids before the age of 18 YOU can petition for the kids right now... otherwise your wife will need to after she is a citizen

[Johnnny 0]

Is anyone got a case as mine...my wife came for a tourist visa but not intention to get married and we can prove that..i just spoke to my lawyer and he asked me 2 options which is one if i want to adjust my wife kids with her or later...but here's the thing if she wants to seperate their AOS we need to wait for few years like until my wife can have her citizenship...if we want to adjust the kids with her she needs to go back to her country and interview with them for their adjustment of status....i dont know this part..i didnt read some thread like this case in VJ so if anyone out there who got the same experience as we have....just give me an idea....if my wife adjust her status with her kids then she have to go back to her country...her I-94 is already expired...i am thinking it's a bit risky....is anyone can give me an advice... i appreciate any help i know a lot in here who got experience in immigration thing. I just sent an email to our lawyer about her I-94 i cant wait the aswer...so i might get a quick answer in this forum...thanks

Your wife does not go back to her country and adjust status as you cannot adjust your status in a foreign country (you need to be present in the USA to have status)... she would go back to get a VISA with her kids...

If the step parent stepchild relationship was created between you and the kids before the age of 18 YOU can petition for the kids right now... otherwise your wife will need to after she is a citizen

thats what the lawyer said she have to wait her citizenship before we can get them...the lawyer said i cannot petition her child for they are not my direct relative...so this makes me confused.....where can i get the waiver anyway?

[Johnnny 0]

Is anyone got a case as mine...my wife came for a tourist visa but not intention to get married and we can prove that..i just spoke to my lawyer and he asked me 2 options which is one if i want to adjust my wife kids with her or later...but here's the thing if she wants to seperate their AOS we need to wait for few years like until my wife can have her citizenship...if we want to adjust the kids with her she needs to go back to her country and interview with them for their adjustment of status....i dont know this part..i didnt read some thread like this case in VJ so if anyone out there who got the same experience as we have....just give me an idea....if my wife adjust her status with her kids then she have to go back to her country...her I-94 is already expired...i am thinking it's a bit risky....is anyone can give me an advice... i appreciate any help i know a lot in here who got experience in immigration thing. I just sent an email to our lawyer about her I-94 i cant wait the aswer...so i might get a quick answer in this forum...thanks

Your wife does not go back to her country and adjust status as you cannot adjust your status in a foreign country (you need to be present in the USA to have status)... she would go back to get a VISA with her kids...

If the step parent stepchild relationship was created between you and the kids before the age of 18 YOU can petition for the kids right now... otherwise your wife will need to after she is a citizen

thats what the lawyer said she have to wait her citizenship before we can get them...the lawyer said i cannot petition her child for they are not my direct relative...so this makes me confused.....where can i get the waiver anyway?

how the CR1 to be process is anyone know what the requirements are?

[payxibka 10,044]

thats what the lawyer said she have to wait her citizenship before we can get them...the lawyer said i cannot petition her child for they are not my direct relative...so this makes me confused.....where can i get the waiver anyway?

time to get a new lawyer.... USC CAN petition for stepchildren.... if they were became your stepchild before they were 18

[Bobby+Umit 161]

thats what the lawyer said she have to wait her citizenship before we can get them...the lawyer said i cannot petition her child for they are not my direct relative...so this makes me confused.....where can i get the waiver anyway?

time to get a new lawyer.... USC CAN petition for stepchildren.... if they were became your stepchild before they were 18

Correct! That is why I asked the age of the children. (looks like he is in that range)

how the CR1 to be process is anyone know what the requirements are?

above can answer your questions (to the OP)

But since she is here now - you can AOS while in the states, however, without knowing the situation with the kids back home (who has them, Dad? relatives? custody?), that may be a complication.

So a new lawyer should be consulted.

[Johnnny 0]

thats what the lawyer said she have to wait her citizenship before we can get them...the lawyer said i cannot petition her child for they are not my direct relative...so this makes me confused.....where can i get the waiver anyway?

time to get a new lawyer.... USC CAN petition for stepchildren.... if they were became your stepchild before they were 18

Correct! That is why I asked the age of the children. (looks like he is in that range)

how the CR1 to be process is anyone know what the requirements are?

above can answer your questions (to the OP)

But since she is here now - you can AOS while in the states, however, without knowing the situation with the kids back home (who has them, Dad? relatives? custody?), that may be a complication.

So a new lawyer should be consulted.

thats what the lawyer said she have to wait her citizenship before we can get them...the lawyer said i cannot petition her child for they are not my direct relative...so this makes me confused.....where can i get the waiver anyway?

time to get a new lawyer.... USC CAN petition for stepchildren.... if they were became your stepchild before they were 18

Correct! That is why I asked the age of the children. (looks like he is in that range)

how the CR1 to be process is anyone know what the requirements are?

above can answer your questions (to the OP)

But since she is here now - you can AOS while in the states, however, without knowing the situation with the kids back home (who has them, Dad? relatives? custody?), that may be a complication.

So a new lawyer should be consulted.

Her kids lives with her parents..she is not married with their dad..and she got a certificate of no record marriage from their statstics office.

Edited June 4, 2009 by Johnnny