B2 visitor married USC. Bringing 13yr old child from abroad

[moishap]

Hello folks,

Being a B2 visitor, I just got married to a US Citizen.
Incidentally it appears that we happened to observe the 30/60/90 days rule, my VISA and I-94 are both still valid for few month, so all seems to be in our favor. Considering above, my husband insist I stay in US and he files the I-130 for me, I-130 for my 13 yrs old son (who is abroad with my parents), together with me filing I-485.

What is the quickest and cheapest (fees-wise) way to adjust the status and bring to live with us my 13 yrs old son, who already has B2 valid for next 2 years ? The I-485 instructions are a bit confusing in this regards. Would I have to file a K-2 for my son ? Or would that be a I-824 ?

Thank you !

[rayb]

Based on the information you provided, the correct way to adjust your status and to get your son to the U.S. are as follows:

1. Since you are in the U.S. already, presumably without having "expressed intent" to stay here before you arrived or at the Port of Entry, your husband can submit I-130 and I-485 packages for you, requiring $420 and $1,070 submittal fees, and immigrant medical exam for about $300.

2. Since your son is not in the U.S. now, your intent to immigrate him should legally be followed with an I-130, $420 fee, so that he can be processed abroad for an immigrant visa.

K2 and I-824 are not relevant to this discussion at all.

--Ray B

Hello folks,

Being a B2 visitor, I just got married to a US Citizen.
Incidentally it appears that we happened to observe the 30/60/90 days rule, my VISA and I-94 are both still valid for few month, so all seems to be in our favor. Considering above, my husband insist I stay in US and he files the I-130 for me, I-130 for my 13 yrs old son (who is abroad with my parents), together with me filing I-485.

What is the quickest and cheapest (fees-wise) way to adjust the status and bring to live with us my 13 yrs old son, who already has B2 valid for next 2 years ? The I-485 instructions are a bit confusing in this regards. Would I have to file a K-2 for my son ? Or would that be a I-824 ?

Thank you !

[ramz]

B2 visitor married USC. Bringing 13yr old child from abroad

Hmmm didn't know anything about the 30/60/90 days rules for visitor visa marring a USC , God help me.

[moishap]

30-60-90

Hmmm didn't know anything about the 30/60/90 days rules for visitor visa marring a USC , God help me.

- - - Updated - - -

So for my son it will be another I-130 and then at the end of the process (as I was told on another forum) DS-230 or DS-260.

Perfect.

Thank you, Ray !

Based on the information you provided, the correct way to adjust your status and to get your son to the U.S. are as follows:
Since your son is not in the U.S. now, your intent to immigrate him should legally be followed with an I-130, $420 fee, so that he can be processed abroad for an immigrant visa.
--Ray B

[ramz]

B2 visitor married USC. Bringing 13yr old child from abroad

Really had no idea about the 30/60/90 rules, and married a day after I enter the US on a B1/B2 visa,and filled for AOS one month after I got to the Us. reading about it now scares me cos my interview is next week and even though Rayb told me it's fine am still sooooo scared. These is heart breaking for me cos When I got my visa I don't even know my now husband or had any intention of leaving in Us cos I was still married to my Chinese husband and have a 3 years old son with him , been with him for 10years.and now am gonna get into trouble for someone I meet 2 years ago and married to for 6 month now it's just not fair. Cos we god married for love. Just pray the interview goes well cos I haven't been able to travel outside the Us and I miss my son and my countries food and my mom back home. ((((((( .

[rayb]

I haven't a clue what the "30/60/90" day reference was about. Can you clarify where you saw any such reference?

Also, for a stand-alone I-130 for your child, after the petition is aprpoved and goes to the National Visa Center, a DS-260 will have to be completed. The DS-230 form is now extinct.

--Ray B

Hmmm didn't know anything about the 30/60/90 days rules for visitor visa marring a USC , God help me.

[ramz]

B2 visitor married USC. Bringing 13yr old child from abroad

Was just wondering what's gonna happen to me as I didn't know about the 30/60/90 days rules and did the opposite like get married a day after I enter the Us which by day way wasn't planned and filled my application 1 month after I got married and was still on a valid i94 all through and my interview is next week. thanks in advance any answer will be appreciated.

[rayb]

I'm not sure what you mean by the "30/60/90 day rule." In my experience, there is no such "limiting" rule regarding marrying and applying for Adjustment from a B2 visa.

It seems to me, however, that if you married a day after you arrived in the U.S., you either acted very impulsively or had planned the marriage beforehand. I really doubt, however, that the interviewer will give you a bad time about marrying so soon.

--Ray B

Was just wondering what's gonna happen to me as I didn't know about the 30/60/90 days rules and did the opposite like get married a day after I enter the Us which by day way wasn't planned and filled my application 1 month after I got married and was still on a valid i94 all through and my interview is next week. thanks in advance any answer will be appreciated.

[ramz]

B2 visitor married USC. Bringing 13yr old child from abroad

ok, it wasn't planned cos we just went to the court house on July 3rd to find out information about what it takes to get married since my USC husband has married someone from outside the US before and the lady was like they are having holding for 4th of July so the court won't be open till after the next Monday incase we need to come back for more information and she said why don't we just get married that same day that she can performe the ceremony and we don't have to wait cos she can get the license certified same day etc , that's how the whole marriage thing happened , and the rest was history I guess I can't really justify my action or say anything , just tired of the whole thing but I'll just go to the interview and hope for the best. Thanks Rayb for the answers so far you have been of great help in these forum and everyone one else best of luck

[ramz]

B2 visitor married USC. Bringing 13yr old child from abroad

Sorry hasn't married, pardon my mis spellings.

[rayb]

It's of little benefit for anyone to tell you that you shouldn't have married so soon, so I'll leave that alone. It is a possible reality that the "so-soon" marriage may "raise eyebrows" during the interview, and you just need to be prepared to explain how it happened.

When my wife's nephew had his B2 visa converted to Green Card status (Adjustment of Status) following his marriage to a U.S. citizen of the same nationality as him (Filipino), the interviewer was more suspicious of the marriage being used as a way of obtaining a Green Card, rather than "marrying from a B2 visa." The issue of "intent to immigrate" by misuse of the B2 visa never entered the interview discussion.

--Ray B

ok, it wasn't planned cos we just went to the court house on July 3rd to find out information about what it takes to get married since my USC husband has married someone from outside the US before and the lady was like they are having holding for 4th of July so the court won't be open till after the next Monday incase we need to come back for more information and she said why don't we just get married that same day that she can performe the ceremony and we don't have to wait cos she can get the license certified same day etc , that's how the whole marriage thing happened , and the rest was history I guess I can't really justify my action or say anything , just tired of the whole thing but I'll just go to the interview and hope for the best. Thanks Rayb for the answers so far you have been of great help in these forum and everyone one else best of luck

[ramz]

B2 visitor married USC. Bringing 13yr old child from abroad

thanks, guess is up to me and my husband to explain at the interview how everything happened. Really appreciate every answer have gotten so far it's help to prepare more and hopefully helps others too.