marrying with children

H

hm12345

Registered Users (C)
A foreign person travels to the US to marry a US citizen and thereafter file for the "Greencard."
This person is divorced and has minor children. Can this person bring his/her children to the US at the same time and file for residence for them as well?
 
Thanks for reply.
They will enter on tourist visa. The children are 10 and 13 years old.
 
Last edited by a moderator:
hm12345 said:
Thanks for reply.
They will enter on tourist visa. The children are 10 and 13 years old.
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Entering the US on a tourist visa with an intent to marry a US citizen AND file for a green card is visa fraud. This person will be subject to deportation.

If this person enters on K1 (fiancee visa), he/she can bring these minor children with him/her, and they may file for a green card at the same time.

This person should not use a tourist visa for immigration purposes under any circumstances.
 
yes, Jewel is right. In this case it would be best if the person enters the US on K-1 (children on K-2), and then they marry and apply for a GC.

However, if circumstances do not allow for this, if she enters the US on a tourist visa, make sure she doesn't marry for 60 days and does not apply for a GC for the first 90 days. Will the children be entering with her?

if not, then she should be prepared not to see her kids for a while - they will not be getting their immigrant visas for about a year.
 
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