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GC for children of a permanent resident married to US citizen

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by MikeB2018, Jun 29, 2018.

  1. MikeB2018

    MikeB2018 New Member

    Hi there,

    my wife who is US citizen wants to apply for GCs for my two children living abroad. I have a GC through marriage. It is currently in the final stages of removing the 2 year condition.

    1. I keep hearing in the recent months the procedure is getting complicated, taking more and more time. Is this true?

    2. As far as I know if we petition while they're in their country of residence, they cannot enter the US until the petition is approved. Is this really true? Are there exceptions? Can they still enter the States? They are supposed to start school here in September.

    3. Also, is the reversed procedure possible? Meaning, if they are in the US, can we file for adjusting status? And, if we can do that, is it possible for them to temporarily leave the states to visit their mother in the country of residence while the petition is being reviewed?

    4. Can I actually file for follow-to-join for them? Is this possible? Is this quicker?

    Thanks a lot for your responses!
     
  2. Jbuff

    Jbuff Member

    #2

    How are they suppose to start school in America in september. Please enlighten us. As it seems you left out alot of details. Im guessing they hold visitor visas??
     
    MikeB2018 likes this.
  3. MikeB2018

    MikeB2018 New Member

    Oh, sorry, didn't think about that. Yes, they have visitor visas, they're German citizens. So they can enter up to 90 days.
     
  4. MikeB2018

    MikeB2018 New Member

    To be exact, it's Visa Waiver. Thanks.
     
  5. SusieQQQ

    SusieQQQ Well-Known Member

    How old are your children? Did you marry your wife before at least one of them turned 16? It may be faster to file as stepchildren of your wife than as your dependents. Or is that what you were planning anyway? It's not really clear from what you said. Has either of you filed an I130 for them yet? How long have you been in the US? (I believe FTJ only lasts a year, sounds like you've been here longer)

    And yes, if you do it properly it's highly unlikely they will be here for the start of the school year. Your question 3, first part, is dubious, because how would they enter? It's illegal to attend school on a tourist visa or VWP, and it's fraud to enter on a non-immigrant visa with the intent to adjust status.
     
  6. SusieQQQ

    SusieQQQ Well-Known Member

    They can't attend school under VWP.
    And you need a return ticket to enter with VWP.
    And as far as I know adjustment of status is not permitted from a VWP entry anyway, but I may be incorrect on that one.
     
    MikeB2018 likes this.
  7. MikeB2018

    MikeB2018 New Member

    Yes, I know that, of course. I was thinking/inquiring whether it is possible for them to come in, apply for adjustment, and then start attending school. That should be legal, right?
     
  8. MikeB2018

    MikeB2018 New Member

    7 and 10

    Did you marry your wife before at least one of them turned 16?

    Yes

    It may be faster to file as stepchildren of your wife than as your dependents. Or is that what you were planning anyway?

    Yes

    It's not really clear from what you said. Has either of you filed an I130 for them yet?

    No

    How long have you been in the US? (I believe FTJ only lasts a year, sounds like you've been here longer)

    5 years, married 3.

    And yes, if you do it properly it's highly unlikely they will be here for the start of the school year.

    So is there any other way they could start attending school here? That's even more important at this point than getting GCs. I heard they can get a study/school visa with I20 and F1, but the school they're supposed to go to doesn 't issue i20s. Is there a workaround?

    Finally, assuming I get my RC soon (I submitted in November 2017, it was said to be due August), I can file for US citizenship right away (because of three years married). And I can co-apply for my kids for citizenship right away, right? Can they enter then? Thank you!

    Your question 3, first part, is dubious, because how would they enter? It's illegal to attend school on a tourist visa or VWP, and it's fraud to enter on a non-immigrant visa with the intent to adjust status.[/QUOTE]
     
  9. SusieQQQ

    SusieQQQ Well-Known Member

    Technically no because it's fraudulent intent. You still haven't answered as to how they are applying. I think if they apply as stepchildren they will be ok but if they apply as your child (of an LPR) they won't, because only an immediate relative of a USC can adjust status from VWP. And no they won't be able to just leave and visit their mother, they will need to apply for advance parole first (takes 3-4 months). If they apply to adjust (assuming they are allowed to as IR of your wife) and leave before advance parole is granted, the petition is considered abandoned and you'll have to start all over again, except doing it properly because there is no way they'd be allowed to use VWP to enter again.
     
    MikeB2018 likes this.
  10. SusieQQQ

    SusieQQQ Well-Known Member

    No, there is no workaround. They need to be on a status that allows them to attend school. So they need a F1 visa or to be under adjustment, or have green cards. Chances of being issued F1 (non immigrant) visas to live with you - close to zero because the immigrant intent is patently obvious.

    As for filing for citizenship, firstly filing and actually becoming a citizen can be very different things in time. Many FOs are taking longer than a year to process citizenship applications currently. And I don;t know what you mean by "co-apply". You can apply for them as your kids sure but they will still need to go through the process, they don't get to just jump on a plane as soon as you submit the papers. You're realistically looking at a year if your wife applies now, and probably 2 years if they apply through you. Unless you want to try jump the line by misusing VWP, but consider the scenario where the CBP officer at the airport asks your kids why they are coming to the US. They CANNOT lie to a CBP officer on entry (or at any other stage). If an accompanying adult lies to CBP - that's tickets.

    I'm sorry that you didn't start researching all this earlier.
     
    MikeB2018 likes this.
  11. MikeB2018

    MikeB2018 New Member

    Thanks a lot, I'm really not trying to do any foul play whatsoever, just trying to figure out the best way to do this. I understand what you're saying about fraudulent intent. We couldn't have started this earlier, it's a custody issue, my former wife is only signalling to allow children to study in the US now, and without her affidavit nothing can happen anyway. I'm just trying to find out if this is doable some legal way at this point for this year, as is, understanding there are major constraints. OK, it looks tight. Thank you.
     
  12. Jbuff

    Jbuff Member

    If it makes a Difference

    I dont know what kind of Computer Data Base CBP uses
    This lady we know. Had her 2 kids enrolled in school. They asked her why are they enrolled in school. They all travel on Visitors visa .. Needless to say , She and the kids went home on the next flight. Visas Cancelled.
    Happened last month!!
     
  13. SusieQQQ

    SusieQQQ Well-Known Member

    The other problem with enrolling kids on a visitor visa, if it's a public school, they can sue you to repay the amount of the public subsidy for the school fees.
     
  14. SusieQQQ

    SusieQQQ Well-Known Member

    Unfortunately nothing about the immigration process is fast, and as I indicated before they are unlikely to be granted student visas given the situation. I'd suggest you file the I130 immediately just to get the process started (while being aware that doing that will definitely scupper a student visa) as it's going to take about a year (as stepchildren of a USC) before they get to interview stage anyway, and it's only at that stage that you would need to present custody documents etc.
     
  15. SusieQQQ

    SusieQQQ Well-Known Member

    Wait, you're saying CBP knew her kids were enrolled in school? When did they ask this, when they were entering the country? I've heard of CBP finding documents etc in baggage and discovering that way, but never heard of them using a database to check?
     
  16. Jbuff

    Jbuff Member

    Yup they Knew
    With Everything being computerized. It doesnt surprise me the things they know. Once its in a computer they have access to it i assume!!

    She tried to enter. Last month though JFK
     
  17. 1AurCitizen

    1AurCitizen Registered Users (C)

    You'd be surprised what folks do on a tourist visa; some exploit it to the hilt.

    I've worked around Indian nationals, and I know for a fact a number Indian parents visiting on a B2 work as paid nannies for friends' kids; ya don't think they visit/sightsee for 6 months, do ya? And some B2 parents do enroll their kids in US schools. Some of the excuses they come up with are classic.

    But back to OP's topic..
     
  18. SusieQQQ

    SusieQQQ Well-Known Member

    Oh, I know people do stuff like that. I’m just surprised CBP picked it up through their computers.
     
  19. 1AurCitizen

    1AurCitizen Registered Users (C)

    I'd be too, if indeed true.
    I guess they have ways to figure something like that out. I know CBP (at Secondary) has access to VWP applications data and USemb interview databases.
     

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