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lory999

AOS filing w/ dependent need help

By lory999 in Adjustment of Status from Work, Student, & Tourist Visas

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lory999 Apprentice

lory999   0

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Filed: Other Country: Canada
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Hi Everyone,

My husband and I are filing for I-130 and AOS since I overstayed here now for 1 yr and 6 months... I have a son whose there right now with my parents in canada, the question is: Can my husband sponsor him too and include him in the I-130? The only thing my husband is confused coz' I am already overstayed here so he said that maybe it will complicate my applications since I am here in US (overstayed) and my son is in Canada... If my husband can sponsor my son (10 yrs.old) Do we need another application for him? Any advice, opinions, suggestions I would greatly appreciate it. Thank You.

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aleful Veteran

aleful   1,905

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Filed: Citizen (apr) Country: Argentina
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Hi Everyone,

My husband and I are filing for I-130 and AOS since I overstayed here now for 1 yr and 6 months... I have a son whose there right now with my parents in canada, the question is: Can my husband sponsor him too and include him in the I-130? The only thing my husband is confused coz' I am already overstayed here so he said that maybe it will complicate my applications since I am here in US (overstayed) and my son is in Canada... If my husband can sponsor my son (10 yrs.old) Do we need another application for him? Any advice, opinions, suggestions I would greatly appreciate it. Thank You.

no, stepchildren are filed separatly and he will go through consular processing.

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engineer21 Proficient

engineer21   51

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Filed: Citizen (pnd) Country: Indonesia
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Here is a guide for bringing children:

http://www.visajourney.com/content/childpet

And no, as long as you don't have any other causes for inadmissibility, your overstay will not be an issue.

It is usually forgiven for the benefit of the US citizen.

Don't leave the US until you have green card in hand though!

Good luck!

Edited by engineer21
AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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lory999 Apprentice

lory999   0

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Filed: Other Country: Canada
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no, stepchildren are filed separatly and he will go through consular processing.

Okay, If my husband can't sponsor him then, may I ask what do you mean "He will go through consular processing?" can you be specific...what will I do then...I will just sponsor him later on when I get my GC someday? thank you very much for the help. :)

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lory999 Apprentice

lory999   0

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Filed: Other Country: Canada
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Here is a guide for bringing children:

http://www.visajourney.com/content/childpet

And no, as long as you don't have any other causes for inadmissibility, your overstay will not be an issue.

It is usually forgiven for the benefit of the US citizen.

Don't leave the US until you have green card in hand though!

Good luck!

Hi,

I think what you're trying to say that my husband can't include him in papers for filing since he is outside the country which we are filing my papers here inside the US.. but he can still sponsor him through a different application cuz he is in canada filing it in Consular Embassy/Immigration... Thank you so much for the help! :)

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engineer21 Proficient

engineer21   51

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Filed: Citizen (pnd) Country: Indonesia
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Hi,

I think what you're trying to say that my husband can't include him in papers for filing since he is outside the country which we are filing my papers here inside the US.. but he can still sponsor him through a different application cuz he is in canada filing it in Consular Embassy/Immigration... Thank you so much for the help! :)

Yes, your US citizen husband can file I-130 for his step son. :thumbs:

AOS 05/08/10 - sent05/14/10 - receipt date on NOAs - transferred to National Benefits Center06/14/10 - Biometrics Done - Lawrence, MA (original appt)07/26/10 - Interview - APPROVED!!07/30/10 - Welcome letter rec'd (notice date: 07/26)08/05/10 - Green Card (&EAD) Received! - 2 months and 28 days total!ROC 04/28/12 - ROC package sent05/03/12 - check cashed05/04/12 - NOA1 received - dated 05/01/1206/07/12 - Biometrics done02/07/13 - Approved (status update via text msg)02/14/13 - Ten year Green card receivedNaturalization07/26/13 - eligible (90 day window opened 4/27/13)02/24/14 - N-400 sent to Dallas03/04/14 - Check cashed & case accepted (update via txt & email)03/10/14 - Biometrics appt letter rec'd (scheduled for 03/28/13)03/28/14 - Biometrics done04/01/14 - In line for interview 04/03/14 - Case status change to scheduled for interview04/10/14 - interview letter rec'd 5/13/14 - interview 6/3/14 - in line for oath 6/30/14 - Scheduled for oath
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