Step-Child and Adjustment of Status

[tuanphan21290 1]

Hello everyone,

My aunt came to the United States under B1/B2 Visa, and she is now marrying to the USC. He filed I-130 concurrent with I-485 for her, and I have a question regarding her children back in Vietnam. She has 2 minors that are currently living oversea with my grandparents. My question is what will be a process for her to bring them here? Should the husband file separate I-130 as they are qualified for step-child, or should she filed I-824? Please help! I really appreciate it.

[Anh map 2,098]

What she should do is return to Vietnam and do the process the proper way. The US citizen spouse could petition for her and the children and they could all arrive together.

The children's father will need to give permission.

[aaron2020 11,651]

Why should she return to Vietnam? The law allows her to adjust status. What is improper about adjusting?

Your aunt can AOS.

Her USC husband must file separate I-130s for her minor children. The children's father must give his written permission for them to immigrate.

Edited October 31, 2015 by aaron2020

[tuanphan21290 1]

Why should she return to Vietnam? The law allows her to adjust status. What is improper about adjusting?

Your aunt can AOS.

Her USC husband must file separate I-130s for her minor children. The children's father must give his written permission for them to immigrate.

Thank you so much. I don't see why she can't file AOS because INS has accepted her application, and she already did her fingerprint. The husband mentioned about bringing the other 2 minors here so they can take care of them. That's why I was asking which would be fastest way.