I just got married to a usc how can we file I130 and aos for my daughters 7 and 20 years old

K

kc1202

New Member
I just got married to a usc. I have 2 daughters, one is 7 years old and the other is 20, she is gonna be 21 in november. How can we file I130 and aos for both of them? Do we need to file one I130 for each of us? and could my husband file my petition and theirs at the same time?
Please I need help asap!!!
Thank you
 
Please provide more information so we can evaluate your options.

What is your immigration status? Are you inside or outside the US?

Are your children inside or outside the US? If inside, legally or illegally?
 
ermanme fpirit

do it fast.

use an agent, lawyer..and try to do most paper work in email which is faster. i guess its already too late...so i prefer you to hire a lawyer...may helpful.
 
we are here!

Jackolantern said:
Please provide more information so we can evaluate your options.

What is your immigration status? Are you inside or outside the US?

Are your children inside or outside the US? If inside, legally or illegally?
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We are all here in USA. We came in 2006 , my late husband got us a TN visa but he passed away, I was devasted,

we came here to start a new life, we were staying here legally and then all of our dreams were shattered.

We are out of status since 2008. My older daugher is in college, doing great, she is in the Deans List...
 
kc1202 said:
I just got married to a usc. I have 2 daughters, one is 7 years old and the other is 20, she is gonna be 21 in november. How can we file I130 and aos for both of them? Do we need to file one I130 for each of us? and could my husband file my petition and theirs at the same time?
Please I need help asap!!!
Thank you
Click to expand...

Kc1202: The laws governing immigration are very complex. If you marry a US citizen, the us citizen can sponsor you and your children. The only condition for your children is the marriage creating the stepchildren must take place before the child's 16th birthdate. In your situation, you husband can sponsor you and your 7 years old, but not the 20 old daughter. If you have the marriage certificate for the new marriage and all prior divorce decrees or death certificates, you can file I-130 for you 7 years old daughter and you along with adjustment of status forms. The process is very easy if the uscis agrees that your marriage is genuine.
 
faysal said:
Kc1202: The laws governing immigration are very complex. If you marry a US citizen, the us citizen can sponsor you and your children. The only condition for your children is the marriage creating the stepchildren must take place before the child's 16th birthdate. In your situation, you husband can sponsor you and your 7 years old, but not the 20 old daughter. If you have the marriage certificate for the new marriage and all prior divorce decrees or death certificates, you can file I-130 for you 7 years old daughter and you along with adjustment of status forms. The process is very easy if the uscis agrees that your marriage is genuine.
Click to expand...

thank you very much for taking the time to answer my questions
 
kc1202 said:
thank you very much for taking the time to answer my questions
Click to expand...

Actually, the child must be under 18 (not 16) to become a stepchild for immigration purposes, BUT your 20 years old is out of luck in that regard.

That said did your late husband have an approved I-140 when he passed away? IF yes, there are survivor benefits possible under INA 204(l) (lower case "L"). You would need to see an attorney with great skill.

IF not, once YOU get a greencard, you can file an I-130 for your daughter BUT she has accumulated unlawful presence plus it will take several years merely for a visa to become available. Her chances are poor unless she someday also marries a USC.
 
There is also K-3/K-4 route, allowing child up to 21 to adjust status. However, it is not possible to fit it before November.
 
We are out of status since 2008
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This could be a reason why it is not possible. However, to be banned from getting visas you need to be unlawfully present, not just be out of status. From what is said I do not see a reason why it is not even a possibility.
If the child is 18, not 20, that could be a possibility.
Another thing could be communication problems.
It looks I think TN is what the previous husband had. And your new husband is usc.
However, BigJoe5's comments suggest a different understanding that that is the same husnabd who later became a usc
 
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