I-129f the correct application?

[amoreno 0]

My friend moved to Mexico 4 years ago, her 20 years old son is currently living with his girl friend and they have 3 kids together and a 4th on its way. He wants to know if he can file a I-129F and bring her and the kids to the US, the problems is the his girlfriend lived in the US until she was 19 years old that when her family decide to moved to Mexico. So basically she lived illegally in the US for a 1 year after her 18th birthday.

So can he submit a I-129f for her and the kids or he needs to do another thing for her kids.

[teeak 224]

If she resided in the US illegally for more than 1 year then it's a 10-year ban.

How long has it been since she's left the US?

To overcome a ban, she would need to be an immediate relative of a USC. In other words, they would need to get married and file waivers.

Edited December 29, 2015 by teeak

[canadian_wife 1,831]

Does the son qualify to pass derivative citizenship on to the children...assuming they are all his

good luck

[amoreno 0]

Does the son qualify to pass derivative citizenship on to the children...assuming they are all his

good luck

yes the kids are all his, but he tried doing that and they told him that he needed to had live in the US five years after his 14th birthday, and he was 16 when he left the country.

If she resided in the US illegally for more than 1 year then it's a 10-year ban.

How long has it been since she's left the US?

To overcome a ban, she would need to be an immediate relative of a USC. In other words, they would need to get married and file waivers.

oh ok thank you, I will let him know.

[NikLR 13,236]

Oh jeez what a mess. If the children aren't able to get derivative US citizenship then this will be a very expensive move. Even as a K1, each child would need a visa and then they'd need to adjust status once in the USA. At that point they would be US citizens.

As a married couple, again each child would need an I-130 petition and also a visa but they would become US citizens as soon as they arrive. .

Then there is the issue of the affidavit of support and of domicile for either the K1 or the CR1.

I suggest your friend's son do a lot of reading and maybe join to ask questions themselves.