AOS I 485 and 245 i envolved, but Very disoriented looking for advice and opinion

[cumd]

1992 beginning of common law marriage, so i need to find out another option

[newacct]

So you entered without inspection, right?

You can adjust status with either your mom's petition or a new petition filed by your son (filed concurrently with your adjustment of status). 245(i) would be needed in either case (which means filing the supplement and paying the $1000), so there is no difference in that respect. No "waiver" is needed. If your mom's petition is still alive, then adjusting through it will save the filing fee of your son filing a petition. I say "if" because if your mom's petition has been inactive for so long it's possible that NVC has already revoked it, in which case you will have to go through a new petition filed by your son.

You don't need a lawyer to do this either way. It's straightforward to do it yourself.

[cumd]

So you entered without inspection, right?

You can adjust status with either your mom's petition or a new petition filed by your son (filed concurrently with your adjustment of status). 245(i) would be needed in either case (which means filing the supplement and paying the $1000), so there is no difference in that respect. No "waiver" is needed. If your mom's petition is still alive, then adjusting through it will save the filing fee of your son filing a petition. I say "if" because if your mom's petition has been inactive for so long it's possible that NVC has already revoked it, in which case you will have to go through a new petition filed by your son.

You don't need a lawyer to do this either way. It's straightforward to do it yourself.

Thank you very much for your valuable intervention and advice ... Affirmative: I entered without inspection ... how can I be sure that my I 130 has not been revoked? Is there a website where I can corroborate it? On the other hand, for many years I was living in free union without legal recognition, with the mother of my children, never marry before a judge or court, but a documented divorce ensued, after being arrested for three weeks ... obviously my probabilities of AOS are very few, and for this I feel very stressed, very mentally fatigued because I am thinking a thousand times about my migratory situation, especially now that my EAD expired from June 2017, and requested renewal from January 10, 2017, through I817 without news after reading my fingerprints on February 3, 2017. Still waiting...

[newacct]

Thank you very much for your valuable intervention and advice ... Affirmative: I entered without inspection ... how can I be sure that my I 130 has not been revoked? Is there a website where I can corroborate it? On the other hand, for many years I was living in free union without legal recognition, with the mother of my children, never marry before a judge or court, but a documented divorce ensued, after being arrested for three weeks ... obviously my probabilities of AOS are very few, and for this I feel very stressed, very mentally fatigued because I am thinking a thousand times about my migratory situation, especially now that my EAD expired from June 2017, and requested renewal from January 10, 2017, through I817 without news after reading my fingerprints on February 3, 2017. Still waiting...

If the petition is at NVC, you can call NVC to try to keep the petition active.

I am not sure why you think you will have trouble with AOS. Do you think you may have bans due to criminal convictions? or something else?

[newacct]

There are some reasons: 1. I have a misdemeanor A, 23 days in jail for DV, February 2012. 2. My co-habited period between we both, begun in 1992, as per decree of divorce petition. 3. 3 EWI times, previous of 1997,here 245(i) could help me, as well as my mother became USC in 2006, so I'm jumping between F2B first, and then maybe F1 or F3, I'm not really sure... Please accept my apologizes if I'm not explaining rightly. Thanks

There's something I am not understanding. You said you never married, but you got a divorce? How did that happen? Were you considered to be in a common law marriage or something? If so, when did it officially start? You must have been unmarried at the time your mother filed I-130 for you in order for you to be able to use 245(i), because a permanent resident can only petition an unmarried child. (If you got married after she filed the petition but before she became a citizen, it voids the petition, but it won't affect your grandfathering under 245(i).)

[cumd]

It seems to me that I 130 is invalid, since although I never officially marry, If there is a decree of divorce, which gave me the impression that officially would not affect in the future ... that is my case. I should focus on adjusting status through my children, born in the US. Older than 21?

[newacct]

It seems to me that I 130 is invalid, since although I never officially marry, If there is a decree of divorce, which gave me the impression that officially would not affect in the future ... that is my case. I should focus on adjusting status through my children, born in the US. Older than 21?

But even if you immigrate through your child, you need to use 245(i) in order to be able to do AOS, so your mom's petition for you must have been approvable when it was filed. That means you must have been unmarried at the time she filed it. So it is important to figure out when your "marriage" is considered to have started, if somehow they were considering you to be married.

And it's not necessarily true that your mom's petition is invalid if you "married" -- if you "married" after she became a citizen, the petition is still valid.

As for the conviction, whether it may trigger a ban may depend on whether it would be considered a CIMT (crime involving moral turpitude), and if so, whether it would fall under the petty offense exception (max sentence possible is less than 1 year, actually sentenced to less than 6 months). If it is considered a CIMT and does not need a petty offense exception, then you may need a waiver while doing AOS in the US.