Can my children move here while my I-485 is in progress ?

D

DueGlobal

New Member
I had a very simple immigration progress up until last week, I've been in the USA now since october last year, applied for permanent residence through marriage after entering on a visa waiver.

I have 2 children who lived with my ex-wife, then last week my ex-wife passed away leaving my 2 children in foster care. They are 4 and 5 years old.

I'm planning on bringing them over here (within the next 1-2 weeks), hoping they can enter on a visa waiver from where I will file a I-130, a I-485 or possible (a new form I just found) I-824.

I heard some mixed stories and now I'm wondering what's the way to go? I was told they could follow me automatically on my papers since they are underage, then I was told to use the I-824, then I was told to file the I-485 and lastly the american embassy told me my wife should apply for an IR2.

Can someone recommend the FASTEST route to go ? I do not like at all my children just lost their mother and is now with a temporary foster family, I'm thinking there must be some emergency procedures for things like this (although it hopefully doesn't happen so often)
 
Dont even try using the visa waiver to bring your kids here and then adjusting status. USCIS will deny the AOS based on the fact that you are misusing the visa waiver. They will suspect this after they find out the kids' mom died and they were brought the US only to be permanently to be reunited with their father.

Try bringing your kids via the consulate and your chances for denial are less likely.

The I-824 is used on a pending application. You dont have a pending application at this time.
 
I already tried the consulate, the consulate referred me to the immigrations, I've spoken to an immigration lawyer who suggested the Visa Waiver.

My own case is still pending btw with all paperwork filed about 90 days ago so my status is not approved neither
 
The visa waiver is not supposed to be used with immigrant intent. If they knew you were going to marry a US citizen, they wouldn't have let you in.

They probably won't let the children into the US with the visa waiver. They'll probably ask where the parents are -- and with one parent in the US applying to be a permanent resident and the other one deceased, they're going to be sent back. And sometimes they're not sent back immediately; they may be kept in a detention center until the US govt. can arrange to send them back. Yes, they do lock children up in detention centers.

If you don't want to risk having your children go through that, have your USC spouse file I-130 for them with the consular processing option. Then they'll obtain their immigrant visa via the consulate in 6-9 months.
 
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