GC holder married to a US Citizen with kids who still have B2 visas

[DADof5]

Since hearing about the July 30 deadline on immigration fee hikes I realized I have to act for my kids' petition because one of them is already 15 years old and the other one is turning 14 on September.

I am married to a US Citizen and I am a green card holder (for 3 years now ready for filing for naturalization). I have 4 kids from my previous marriage and 3 of them are still holding their B2 visas which expired on year 2000. Because of our financial situation, we were not able to file petition for my kids when my US citizen wife filed petition for me. While all kids live with me with my US citizen wife, their biological mom abandoned them and never showed up for about 3 years now. I am ready to file my naturalization because it is due now but before I do, I want to clear some questions in my mind.

1. Is it true that my wife is in a better position to petition my kids (her stepkids) because she is a US citizen and I am a green card holder only?

2. Is it true that I don't need to file for I-130 and go directly to I-485 adjustment of status after which they can file for certificate of citizenship when I get mine?

3. Since I have a permanent resident card, shouldn't they be automatic derivatives?

4. Do their overstaying their B2 status affect their application?

5. I have physical custody of the kids and their biological mom never shows up anymore (in hiding to avoid child support), will USCIS still require her approval if ever?

Please help.

 

[wtnginatl]

1. Is it true that my wife is in a better position to petition my kids (her stepkids) because she is a US citizen and I am a green card holder only?

Since you got married to your USC wife before your kids 18 b-day your wife is in a better position to petition them.

]2. Is it true that I don't need to file for I-130 and go directly to I-485 adjustment of status after which they can file for certificate of citizenship when I get mine?

your wife need to file a separate I-130 for each one and since they are in the usa you can also file the I-485 at the same time.

3. Since I have a permanent resident card, shouldn't they be automatic derivatives?

if you got your green card thru your usc wife it is not automatic hence the need for a separate petition for each kid

4. Do their overstaying their B2 status affect their application?

children under 18 doesn't accumulate unlawful status in the usa

5. I have physical custody of the kids and their biological mom never shows up anymore (in hiding to avoid child support), will USCIS still require her approval if ever?

this one I'm not sure but I don't think the uscis will need her approval

 

[LucyMO]

the approval of the biological mother is not required. Your USC wife can petition all of the kids who are under 21 right now, as long as they were under 18 when you two got married, just like wtnginatl said. For each file I-130+I-485. No legal adoption on her part is required to qualify them for immigration benefits.

 

[boatbod]

No legal adoption on her part is required to qualify them for immigration benefits.

Useful to know. Thanks!