Husband in the states kids abroad

[Justus Forever 85]

Good Morning/Afternoon

 

I am trying to read and see if anyone had to deal with having your new spouse b2 visa to AOS here but his kids are still in the country because getting married was never planned. I would like to know how do you go about getting them and what forms to fill out. I know this is an old post but I hope someone can help or been thru this process. Thank you in advance. I am sure I will have more questions but the focus now is getting them here. I do know I am suppose to add their name to the I-130 with my husbands. Their 4 and 5 he is the only parent mothers of the babies left them at 1 month and 2 weeks. Would I have to leave and go with them to appointment since he won't be able to travel yet. Please someone help.. Thank you

[arken 4,199]

For your husband, file i130 and AOS package together.

 

You will need to file separate i130 for each child and they need to go thru consular processing. (Timeframe: 8-12+ months)

Someone needs to accompany them later on during the interview. 

 

Who’ll take care of his children for that long?  

 

CO might also ask for some proof that he has the sole custody of his children.

Edited June 13, 2018 by arken

[jskibo 588]

Might be cheaper / better for the kids, if he goes home, you file CR-1 and the kids are derivative CR-2

[milimelo 4,773]

Why can’t he return to his home country after marriage while you file for immigrant visas for all three? If this was all unplanned as you say he still has a return ticket back home - he should use it. 

[old-fella 109]

Agreed with all other guys. The best course of action is to go back and take care of kids and follow the CR1 process rather than AOS from B2 

 

 

[Justus Forever 85]

Thank you all for your response and his mom is taking care of them with him being a performer she always did watch them for 2 months the longest 3 but not that long. He has their birth certs, some type of letters from the police department and the mothers name are not on the BC. I was thinking of him going home also not because of the saving of money but for the babies. I was reading if I file the AOS and paperwork if he leaves it would be abandonment of the package or something like that. Me being fast I didn't think this thru. I just liked what I seen and went for it months later asked him to marry me well told him let's get married. he was here performing. I agree with all you guys said thank you much