Jump to content
Sign in to follow this  


11 posts in this topic

Recommended Posts


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post

Link to post
Share on other sites

This is the case:

My wife is Illegal immigrant She does not enter to US with a visa but from the border. :bonk:

That means that she does not have any status :help:

She has a son 9 years old in Nicaragua. We get married last year when her son was 8years. :blink:

Someone told us that I can summit a petition for him as a stepson. B-)

What is the way to do this? is it true?? :unsure:


Many thanks in advance!!

Share this post

Link to post
Share on other sites

I don't see why not but there would be major problems and issues. The copy of the marriage certificate will show you were married in the US? so how will you explain your wife being here illegally if asked? How will you explain wanting to petition for your step-son to come live with you if his mother is not in the US? :whistle: Do you permission from the birth father to bring the child to the US? How will you obtain it?

Better your wife leave the country, you petition for both, when the wife is denied file a waiver, and then move on with life legally in the US.

Share this post

Link to post
Share on other sites

I want to say I've seen a case on immigrate2us of someone who petitioned for her stepdaughter, had it approved, and brought her here even though her husband had EWI. BUT, I believe she also petitioned for the husband and was just waiting for him to get an interview in his country at which point he would return and they would try for a waiver. I'll see if I can find the link for you.

There is no way you'll be able to do it without calling attention to your wife's lack of status, though. Are you planning to petition for her and try to get a waiver as well?


I am the USC, husband is adjusting from B2.


08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!


11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!


Filing in November 2013

Share this post

Link to post
Share on other sites

Supposedly, before the end of this year, you will be able to petition for your wife's residency while she is in the US without status and she *might* not have to leave the US. Still need a waiver with that I believe.

But, as it is now, you can send the petition for your wife and stepson, where they are now. They will need to attend the interview at the US embassy in country of residence. Then, as I understand it, your wife will need to apply for a 601 hardship waiver because of the EWI, and wait for that to be approved before traveling. .

However, if you should decide to petition the son only, and in the future...well you know the situation could become really get complicated. Also, not sure exactly what Nicaragua's requirements are for allowing a minor to travel and getting parental permission, passports, etc (stuff his mother might need to sign for), and writing down his mother's current address on the immigration forms...

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.