JeffM

I will file an I-130 for my stepson. He is currently not in the USA. Can I file the I-485 at the same time, or can this be done only if the child is already legally in the USA?

Thanks in Advance

Entering the US with a tourist visa, but with the intent to stay, is indeed visa fraud. I would also be worried about whether they would actually let him into the US, as since he has an LPR mother, they may not believe that he is only coming to visit. Adjustment from visitor status is only legal if the immigrant has NO intention of staying when they enter the US, not because doing it the usual way would take too long.

Thanks for the replies - I will use these as "ammo" against my wife's idea because I am not in favor of trying to do it this way.

BTW the natural father is all for him coming to the USA.

My wife came to USA in 2003 on fiancee visa. Her child stayed behind with his father - for many reasons. Now, the child (16 yo) wants to come to USA to live with us. My wife wants to bring him over on a visitor/tourist visa then adjust his status while he is in America. Is this possible? I thought I read somewhere on some lawyer's website that it could be done. But I know the the visitor visa is temporary.

She wants to use the tourist visa approach because the I-130 process will take too long and he needs to come soon because problems there; and his Ukrainian passport is for temporary travel only, it does not have the "stamp" saying he will live in America, and they will not give him this stamp because Ukraine will not let a soon-to-be army-aged male leave the country.

Thoughts?

We have an aquaintance who came here with a K-1, and her son (now 19) came with a K-2. The American citizen husband applied for green card for his wife but not her son. (Don't know why.) She received her green card. The marriage went south and they are now divorced, and her son has been out of status for over a year. What are the options for her son at this point? Should they submit an I-485 for him at this point? I know they need a lawyer but they are in a financial bind also as you might guess. Thanks in advance ---- JeffM

She has gone through the entire process and received her green card in a perfectly legal manner. She is now a conditional permanent resident. The death of her husband will not affect her status. The law says nothing about permanent residency being voided by the death of the US citizen spouse. When time comes for removal of conditions she will simply state the facts and should have no problem.

APPROVED

We received an email today that my wife's AOS has been approved. And the case status states such as of 3/28.

Sorry I never took the time to create a timeline. It basically starts in November 2003 with AOS submittal and has 2 EADs, 2 APs, 2 biometrics appointments and the transfer to CSC scattered over the next 2 years and 4 months with AOS approval as of 3/28.

Thanks to everyone who contributes to this board.

I received this email last week. I had emailed CSC again because my wife's EAD expires soon and I was wondering how long it would take to get FBI name check done, since that was what we were waiting for. This FBI check took a little over 3 months.

"The FBI background check just cleared as of 03/02/2006 so I'm ordering

this file to have it sent to the adjudications section to resume

processing and hopefully the final adjudication. Please allow 2-3 weeks

for this process. Thank you.

Officer R. Cruz

California Service Center

Congressional & Customer Service Relations

Division XII"

My wife's RFE response has never been acknowledged, and there have been no touches since November. I know they received the RFE, and I emailed the CSC officer expressing my concern. He emailed me back saying "yes we received it and now we are waiting on the FBI." So it is not unusual to receive no acknowledgement from them.

My next step is to call my senator. Her EAD expires soon and we assumed she would be approved by now.

Karenina, I can't imagine why you've waited this long and heard nothing, except that you Micius and myself all filed in Atlanta. At least I did get the RFE.

Eau explain - yes that makes sense about the background check. I just hope it is not another 180 days.

Our status:

We have gone through the entire fiancee visa, AOS, EAD x 2, AP x 2, processes without a screwup. We have been waiting for over 2 years for AOS. Well, it turns out that my wife's G-325A for her AOS had an error on it. It failed to list her time in the USA as a resident from when she entered the country. So, when we got our RFE in December from CSC they asked for a new and complete G-325 A in addition to the financial stuff. No big deal - we just filled it out and signed it, and sent it in along with the financial stuff. AFTER the package was sent in I was looking it over, and discovered to my horror, that she had not dated her signatures on the 4-page G-325 A. In our haste to get the package in I did not review it very well. So, we re-did the entire package and resubmitted the entire package. It was still about 20 days before the deadline. As you can see from the list people are getting approved right and left while we have heard absolutely nothing since we sent in even the first RFE package. So, I sent them an email last Friday, Feb 6, inquiring about our status. This morning, believe it or not, I had this reply to the email:

"yes we received and now we are waiting on the FBI"

So I guess I feel better now. At least we have not been rejected, at least not yet. I don't know why they are waiting on the FBI though.

Anastasia -- Why??????