Please Help

[Pixiegamermum 1]

My Situation. 

 

Married 6 years ago spouse had been travelling back and fourth got stuck here in US due to covid and we had our first child together born here in the US. She has 3 of her own children from previous relationship with her. Wanting to apply for permanent residency. What forms are required how much will it cost total and is there any websites I could use to make the process of filing more simple? I'm getting very confused on this whole process I just want my family together and the right way so she is able to work ect she came on a visiting visa. She did not expect to get so unwell and sick so it's complications for travelling.

[Timona 4,207]

 

 

[Rocio0010 5,579]

What does the kids ‘ father say?

[Redro 4,611]

44 minutes ago, Pixiegamermum said:

My Situation. 

 

Married 6 years ago spouse had been travelling back and fourth got stuck here in US due to covid and we had our first child together born here in the US. She has 3 of her own children from previous relationship with her. Wanting to apply for permanent residency. What forms are required how much will it cost total and is there any websites I could use to make the process of filing more simple? I'm getting very confused on this whole process I just want my family together and the right way so she is able to work ect she came on a visiting visa. She did not expect to get so unwell and sick so it's complications for travelling.

Are the kids in the US or Australia? 
Are you a US citizen or a permanent resident? 
Did they arrive on ESTA or B1/B2? 

[Pixiegamermum 1]

2 minutes ago, Redro said:

Are the kids in the US or Australia? 
Are you a US citizen or a permanent resident? 
Did they arrive on ESTA or B1/B2? 

B2. I'm a US citizen my wife is not. We share 1 child together born in US. And my step kids Australian father of them is serving a life time sentence and my wife has full custody.

33 minutes ago, Rocio0010 said:

What does the kids ‘ father say?

He is in jail. Full custody granted to my wife.

[Redro 4,611]

2 minutes ago, Pixiegamermum said:

B2. I'm a US citizen my wife is not. We share 1 child together born in US. And my step kids Australian father of them is serving a life time sentence and my wife has full custody.

He is in jail. Full custody granted to my wife.

If all the children and your wife are in the US file I130 and I485 the EAD  for each of them don’t file for AP as it isn’t a good idea  for them to travel if they are currently out of status. 

Edited August 27, 2023 by Redro

[Pixiegamermum 1]

1 minute ago, Redro said:

If all the children and your wife are in the US file I130 and I485 the EAD  for each of them don’t file for AP as it isn’t a good idea  for them to travel if they are currently out of status. 

What's EAD and AP? So all I need to do is file those papers and will my wife be forgiven overstay?

[Redro 4,611]

12 minutes ago, Pixiegamermum said:

What's EAD and AP? So all I need to do is file those papers and will my wife be forgiven overstay?

Because you are a USC her overstay will be forgiven as will the overstay of her children (if they are in the country) but only if they are under 21 and unmarried. 
EAD is work authorization AP is advanced parole (allowing her to leave the country) 

ETA whatever you do make sure she doesn’t leave the US before you file for her and she gets her green card. She should be able to leave with AP but that is taking forever 

Edited August 27, 2023 by Redro

[Pixiegamermum 1]

1 minute ago, Redro said:

Because you are a USC her overstay will be forgiven as will the overstay of her children (if they are in the country) but only if they are under 21 and unmarried. 
EAD is work authorization AP is advanced parole (allowing her to leave the country) 

ETA whatever you do make sure she doesn’t leave the US before you file for her and she gets her green card. She should be able to leave with AP but that is taking forever 

So I file this paper work altogether and pay the costs and she can't leave the US until she receives her greencard? Will the children be able to attend school? And all kids are under 21. I love my wife so much so much happened here preventing her to leave I don't want to be separated. 

[powerpuff 6,729]

~~ Topic moved from Bringing Family members of US citizens forum to Adjustment of Status (AOS) from work/student/tourist visas as this is AOS from a B2 case ~~
 

2 minutes ago, Pixiegamermum said:

she can't leave the US until she receives her greencard?

@Redro mentioned AP, not green card.

 

You have to read and familiarize yourself with the guide provided by @Timona above as well as all the instructions to all the forms which can be found on USCIS.gov.

 

This forum is DIY forum, while we are here to provide advice, the burden of doing reading and research is ultimately on you/your wife. You have to become an A student of the process and forms. If that seems too confusing and you feel like you need help, i strongly suggest you hire professional immigration help (after doing careful research on that too because we have seen very poor advice from attorneys here often). 

[SalishSea 17,928]

7 minutes ago, Pixiegamermum said:

So I file this paper work altogether and pay the costs and she can't leave the US until she receives her greencard? Will the children be able to attend school? And all kids are under 21. I love my wife so much so much happened here preventing her to leave I don't want to be separated. 

They can absolutely attend school.  

[Pixiegamermum 1]

5 minutes ago, SalishSea said:

They can absolutely attend school.  

Okay so just file all the paperwork don't leave and just wait.

[SalishSea 17,928]

12 minutes ago, Pixiegamermum said:

Okay so just file all the paperwork don't leave and just wait.

Yes.  And stick around VisaJourney when questions come up, it is a great site with knowledgable people.  Best wishes!

[WaterLeaf 201]

23 minutes ago, SalishSea said:

They can absolutely attend school.  

Yup. I don't know about other area, but I do know in TN I've seen several schools accepting kids for education regardless of their citizenship.

[SalishSea 17,928]

1 minute ago, WaterLeaf said:

Yup. I don't know about other area, but I do know in TN I've seen several schools accepting kids for education regardless of their citizenship.

Are families asked for citizenship or residency status when enrolling kids in school?

 

All the years my kids were in the public schools, we were never asked that.  But, I'm on the West Coast.