major K1 application error, AOS for spouse and illegal child

[Gran1990]

Need help on how to approach this.

I married my wife within 90 days as required. I am US citizen. However, I did not put her kid in the petition, application, and bio. So we figured kid could stay with his grandma until he starts and we could then apply for him. Well to make a long story short my wife could not handle it. The kid (he is three years old) crossed the border when his aunt crossed legally at a US land border crossing. The border guard, surprisingly, just let him in. I guess he assumed since the aunt was legal the kid was too. Now the kid is with us.

We were married about a year ago.

I want to apply for AOS for her. And get the situation with the kid straightened out. But how do I overcome my obstacles?

[rayb]

The child is considered a "wave through" entrant, and is considered to be B2 status.

But since the child was not included on the K1 application, for a K2 visa,you must petition and adjust his status separately.

But if your wife did not show him on the K1 petition at all, she may have some explaining to do at her Adjustment interrview.

--Ray B

Need help on how to approach this.

I married my wife within 90 days as required. I am US citizen. However, I did not put her kid in the petition, application, and bio. So we figured kid could stay with his grandma until he starts and we could then apply for him. Well to make a long story short my wife could not handle it. The kid (he is three years old) crossed the border when his aunt crossed legally at a US land border crossing. The border guard, surprisingly, just let him in. I guess he assumed since the aunt was legal the kid was too. Now the kid is with us.

We were married about a year ago.

I want to apply for AOS for her. And get the situation with the kid straightened out. But how do I overcome my obstacles?

[Gran1990]

Thanks Ray B,

I did not not know that there was such a thing as a wave through entrant. How do you prove that? he was literally just allowed in. I highly doubt his aunt would testify to that out of fear that she might get into trouble.

As far as explaining why child was not listed on application, petition, bio G325, well that was very bad. but the only answer is that it was a major blunder. However, it should be noted that I make decent income and that child would have been allowed to come in from the begining if everything would have been done correctly to begin with.

My plan was as follows:
Do an adjustment of status her her, and list the child living with us (since it is true). I guess I will be filing of paper work for the kid, AOS, K2, I don't know. But I don't know it should be done at the same time as the AOS for her.
But one of main concerns is the form I-485 form, in Part 3, it asks if she ever: "knowingly, encouranged, induced, assisted, abetted, or aided any alien to try to enter the United States illegally?" It is either Yes or No.

If she answers yes then that would make inadmissible.

[rayb]

"Wave through" entrance refers to an immigrant precedent which presumes the child to be a legal visitor if accompanied by another person with a valid visa. If the aunt is undocumented, then that changes everything.

If the child was not reported on your I-129F, then your wife will need to explain why the child was omitted.

--Ray B

Thanks Ray B,

I did not not know that there was such a thing as a wave through entrant. How do you prove that? he was literally just allowed in. I highly doubt his aunt would testify to that out of fear that she might get into trouble.

As far as explaining why child was not listed on application, petition, bio G325, well that was very bad. but the only answer is that it was a major blunder. However, it should be noted that I make decent income and that child would have been allowed to come in from the begining if everything would have been done correctly to begin with.

My plan was as follows:
Do an adjustment of status her her, and list the child living with us (since it is true). I guess I will be filing of paper work for the kid, AOS, K2, I don't know. But I don't know it should be done at the same time as the AOS for her.
But one of main concerns is the form I-485 form, in Part 3, it asks if she ever: "knowingly, encouranged, induced, assisted, abetted, or aided any alien to try to enter the United States illegally?" It is either Yes or No.

If she answers yes then that would make inadmissible.

[Gran1990]

Ray B.

No the aunt is documented. I believe she is a US citizen (or at the very least a permanent resident).

I would imagine my wife can explain that I did the paperwork and fumbled the ball. We are still together. Had some fights but is still there.

We did get in fight, and she moved in with her aunt and got WIC for the kid. But she stopped that right away and moved back in with me. Now we are just trying to set things straight.

We want to come forward and just be honest.

Since the kid came through the border, I guess the answer to the I-485 question below is "NO." I just hope the IO believes. If I lawyer up than I guess it will get expensive.

Thanks for all your help.

[bandk]

where's that wave through definition? It's interesting. How can they let a child in without inspection? This is unbelievable. What about the kid's father? Maybe he did not want his kid to go to another country? How will he see him?

[rayb]

"Wave through" is a reference to a court decision granting legal entry to a child when accompanied by a legal adult. The child is presumed to have a default B2 visa. This is quite common with Canadian entrants; not sure about Mexican nationals.

I'm reporting this from personal experience, not just hearsay or opinion.

--Ray B

where's that wave through definition? It's interesting. How can they let a child in without inspection? This is unbelievable. What about the kid's father? Maybe he did not want his kid to go to another country? How will he see him?

[bandk]

"Wave through" is a reference to a court decision granting legal entry to a child when accompanied by a legal adult. The child is presumed to have a default B2 visa. This is quite common with Canadian entrants; not sure about Mexican nationals.

I'm reporting this from personal experience, not just hearsay or opinion.

--Ray B

I do believe you. It's shocking that they let kids without proper documentation. It would open a can of worms for child trafficking etc. Aren't they at least checking child's ID? No need for passport? Match last names etc???