Need to find an answer

[Shaunah11 3]

So if someone I know has a cr1 visa and brought there minor kids with them to the United States and only had a cr1 visa for herself and not her kids what happens then? Does she apply now for 2 more i30 petitions for them and keep them with her there until she hears back or does she apply for something else? K4 visa? Trying to help her but not sure of what she should do at this point. She doesn’t want her kids to live illegally and she has a job there now to help with sponsorship income for her own kids. 

[HRQX 4,145]

16 minutes ago, Shaunah11 said:

So if someone I know has a cr1 visa and brought there minor kids with them to the United States and only had a cr1 visa for herself and not her kids what happens then?

How did the kids enter the US? If with a nonimmigrant visa, which category was it? Is she still married to the US citizen that sponsored her?

[Shaunah11 3]

3 minutes ago, HRQX said:

How did the kids enter the US? If with a nonimmigrant visa, which category was it? Is she still married to the US citizen that sponsored her?

Yes she is still married and they entered by land with birth certificates. So no visa. 

[HRQX 4,145]

6 minutes ago, Shaunah11 said:

and they entered by land with birth certificates. So no visa. 

Was it a legal entry through a POE? Or was it an illegal Entry Without Inspection (EWI)? If the former scenario, are the children Canadian or Bermudian? https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html

Edited August 19, 2021 by HRQX

[Shaunah11 3]

18 minutes ago, HRQX said:

Was it a legal entry through a POE? Or was it an illegal Entry Without Inspection (EWI)? If the former scenario, are the children Canadian or Bermudian? https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html

They are Canadian and legal entry for them. But don’t have visa to stay permantely 

[HRQX 4,145]

50 minutes ago, Shaunah11 said:

They are Canadian and legal entry for them. But don’t have visa to stay permantely 

But for AOS process they'll need proof of the lawful entry. If they only used their Birth Certificates (i.e. not a Canadian passport) did CBP give them a paper I-94?

 

If so they can proceed with AOS process. I recommend the US citizen spouse file the I-130 petitions for the Immediate Relative category AOS. I-130 and I-864 is filled-out by the US citizen, and the rest of the forms are filled-out by a 14 y.o. or older child immigrant (or if younger than 14 y.o. then your friend on behalf of the child immigrant; https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2). In general, send the following packets (four packets per child, so eight total; *note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with copy of your friend's marriage certificate, copy of child's birth certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, paper I-94 copy, filing fees, etc.;
• I-765 with paper I-94 copy, etc.; and
• I-131 with paper I-94 copy, etc.

They'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/filing-guidance/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

They'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

Edited August 19, 2021 by HRQX

[Ontarkie 13,979]

26 minutes ago, HRQX said:

But for AOS process they'll need proof of the lawful entry. If they only used their Birth Certificates (i.e. not a Canadian passport) did CBP give them a paper I-94?

 

If so they can proceed with AOS process. I recommend the US citizen spouse file the I-130 petitions for the Immediate Relative category AOS. I-130 and I-864 is filled-out by the US citizen, and the rest of the forms are filled-out by a 14 y.o. or older child immigrant (or if younger than 14 y.o. then your friend on behalf of the child immigrant; https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2). In general, send the following three packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with copy of your friend's marriage certificate, copy of child's birth certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, paper I-94 copy, filing fees, etc.;
• I-765 with paper I-94 copy, etc.; and
• I-131 with paper I-94 copy, etc.

They'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/filing-guidance/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

They'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

Kids don't need a passport to enter and many Canadians even with a passport just get waived through still. That part won't be a problem but I worry that the father did not consent to the kids moving. 

[Shaunah11 3]

9 minutes ago, Ontarkie said:

Kids don't need a passport to enter and many Canadians even with a passport just get waived through still. That part won't be a problem but I worry that the father did not consent to the kids moving. 

The father did consent she had court documentation from a judge stating she has rights for the kids to move to usa with her 

[Shaunah11 3]

10 minutes ago, Ontarkie said:

Kids don't need a passport to enter and many Canadians even with a passport just get waived through still. That part won't be a problem but I worry that the father did not consent to the kids moving. 

She’s just worried about taking them with her because her cr1 was approved but they didn’t have the income yet to sponsor her and kids till she started working and contributing to the household to hit the mark of minimum income for all the kids and herself. So now by the time she files and actually gets anything done the kids will be overstayed status I’m sure. 

[Ontarkie 13,979]

3 minutes ago, Shaunah11 said:

The father did consent she had court documentation from a judge stating she has rights for the kids to move to usa with her 

NVM I just saw your other reply

Edited August 19, 2021 by Ontarkie

[Shaunah11 3]

Just now, Ontarkie said:

So why do they not have a visa? They could have all been done this by now. 

Because to sponsor her and her 2 kids even with the joint sponsor nobody made over 33 000 dollars a year. And it’s just her husband in the household so he had no combined household income. 

[Shaunah11 3]

49 minutes ago, HRQX said:

But for AOS process they'll need proof of the lawful entry. If they only used their Birth Certificates (i.e. not a Canadian passport) did CBP give them a paper I-94?

 

If so they can proceed with AOS process. I recommend the US citizen spouse file the I-130 petitions for the Immediate Relative category AOS. I-130 and I-864 is filled-out by the US citizen, and the rest of the forms are filled-out by a 14 y.o. or older child immigrant (or if younger than 14 y.o. then your friend on behalf of the child immigrant; https://www.uscis.gov/policy-manual/volume-1-part-b-chapter-2). In general, send the following packets (four packets per child, so eight total; *note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with copy of your friend's marriage certificate, copy of child's birth certificate, filing fees, etc.;
• I-485 with I-864 and supporting documents, paper I-94 copy, filing fees, etc.;
• I-765 with paper I-94 copy, etc.; and
• I-131 with paper I-94 copy, etc.

They'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/filing-guidance/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

They'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

They didn’t need anything to enter u.s just the birth certificate. Only problem is the sponsor didn’t make enough money to sponsor her and her kids so the kids came with her on her visa illegally until she started working and can prove enough income between her and her husband to sponsor her kids there and file there forms too. She’s just worried cause they will have overstayed by the time this is all processed for them. But they are her children she couldn’t just leave them behind and the income was outrageous for just her husband to sponsor all of them. It’s different when her and him live and work together. There incomes combined now have enough to bring her children there. 

[HRQX 4,145]

12 minutes ago, Shaunah11 said:

There incomes combined now have enough to bring her children there. 

So the I-485 packet I mentioned above should now say: "I-485 with I-864 and supporting documents, I-864A and supporting documents, a note that the child entered as a Canadian B-2 visitor (https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html; *also https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 "Waved Through at Port-of-Entry") and presented Canadian BC at POE, filing fees, etc.;" Your friend would fill-out the I-864A https://www.uscis.gov/i-864a

12 minutes ago, Shaunah11 said:

She’s just worried cause they will have overstayed by the time this is all processed for them.

That is why it's very important for her US citizen spouse to file the I-130 petitions: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.

Edited August 19, 2021 by HRQX

[Shaunah11 3]

10 minutes ago, HRQX said:

So the I-485 packet I mentioned above should now say: "I-485 with I-864 and supporting documents, I-864A and supporting documents, a note that the child entered as a Canadian B-2 visitor (https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html; *also https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 "Waved Through at Port-of-Entry") and presented Canadian BC at POE, filing fees, etc.;" Your friend would fill-out the I-864A https://www.uscis.gov/i-864a

That is why it's very important for her US citizen spouse to file the I-130 petitions: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.

This was really helpful! I’ll tell her to get on those applications fast and include her income now that she has a job. So her kids hopefully won’t be barred for overstaying cause they are the us citizens spouses children and she can’t just leave them behind. 

[HRQX 4,145]

15 minutes ago, Shaunah11 said:

cause they are the us citizens spouses children

As long as the children were under 18 when your friend married the US citizen then the US citizen can file the I-130 petitions for the children AOS; INA 101(b)(1):

Quote

The term "child" means an unmarried person under twenty-one years of age who is-

(A) a child born in wedlock;

(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred;

(C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation;

(D) a child born out of wedlock, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother or to its natural father if the father has or had a bona fide parent-child relationship with the person;

(E)(i) a child adopted while under the age of sixteen years if the child has been in the legal custody of, and has resided with, the adopting parent or parents for at least two years or if the child has been battered or subject to extreme cruelty by the adopting parent or by a family member of the adopting parent residing in the same household: Provided, That no natural parent of any such adopted child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or

(ii) subject to the same proviso as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (F)(i); (II) was adopted by the adoptive parent or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child was adopted while under the age of 18 years;

(F)(i) a child, under the age of sixteen at the time a petition is filed in his behalf to accord a classification as an immediate relative under section 1151(b) of this title, who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption; who has been adopted abroad by a United States citizen and spouse jointly, or by an unmarried United States citizen who is at least 25 years of age, at least 1 of whom personally saw and observed the child before or during the adoption proceedings; or who is coming to the United States for adoption by a United States citizen and spouse jointly, or by an unmarried United States citizen at least twenty-five years of age, who have or has complied with the preadoption requirements, if any, of the child's proposed residence; Provided, That the Attorney General is satisfied that proper care will be furnished the child if admitted to the United States: Provided further, That no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or

(ii) subject to the same provisos as in clause (i), a child who: (I) is a natural sibling of a child described in clause (i) or subparagraph (E)(i); (II) has been adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in such clause or subparagraph; and (III) is otherwise described in clause (i), except that the child is under the age of 18 at the time a petition is filed in his or her behalf to accord a classification as an immediate relative under section 1151(b) of this title; or

(G)(i) a child, younger than 16 years of age at the time a petition is filed on the child's behalf to accord a classification as an immediate relative under section 1151(b) of this title, who has been adopted in a foreign state that is a party to the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, done at The Hague on May 29, 1993, or who is emigrating from such a foreign state to be adopted in the United States by a United States citizen and spouse jointly or by an unmarried United States citizen who is at least 25 years of age, Provided, That-

(I) the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States;

(II) the child's natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death or disappearance of, abandonment or desertion by, the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child, and to the child's emigration and adoption;

(III) in the case of a child having two living natural parents, the natural parents are incapable of providing proper care for the child;

(IV) the Secretary of Homeland Security is satisfied that the purpose of the adoption is to form a bona fide parent-child relationship, and the parent-child relationship of the child and the natural parents has been terminated (and in carrying out both obligations under this subclause the Secretary of Homeland Security may consider whether there is a petition pending to confer immigrant status on one or both of such natural parents); and

(V) in the case of a child who has not been adopted-

(aa) the competent authority of the foreign state has approved the child's emigration to the United States for the purpose of adoption by the prospective adoptive parent or parents; and

(bb) the prospective adoptive parent or parents has or have complied with any pre-adoption requirements of the child's proposed residence; and

(ii) except that no natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this chapter; or

(iii) subject to the same provisos as in clauses (i) and (ii), a child who-

(I) is a natural sibling of a child described in clause (i), subparagraph (E)(i), or subparagraph (F)(i);

(II) was adopted abroad, or is coming to the United States for adoption, by the adoptive parent (or prospective adoptive parent) or parents of the sibling described in clause (i), subparagraph (E)(i), or subparagraph (F)(i); and

(III) is otherwise described in clause (i), except that the child is younger than 18 years of age at the time a petition is filed on his or her behalf for classification as an immediate relative under section 1151(b) of this title.

 

https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf

Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child’s natural parent showing that the marriage occurred before the child turned 18 years of age, copies of documents showing that any prior marriages were legally terminated (if applicable), and a copy of the stepchild’s birth certificate.

Edited August 19, 2021 by HRQX