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Advice Needed Family Sponsorship

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  • Advice Needed Family Sponsorship

    I am a US Citizen born in the US, moved to Canada around 1 yr old and spent most of my life there. Got married and had 3 children who are now 17 - 14 - 11. Moved to South Carolina 2 Yrs ago to find better opportunity. I spent many hrs trying to figure out how to move my family here legally but it seemed almost impossible to do it while I still lived in Canada. I moved down in Feb/16 to start a job and get things established. My wife and children came down to visit in july/16 (very difficult to be apart so long) and after discovering that we could enroll them in school we decided they would not go back to Canada. Fast forward 2 yrs, bought a vehicle and a house (USDA Loan), have the same job for 2 yrs and follow all laws including taxes. We did apply and received ITIN #s for my wife and children. I am desperately wanting and needing to get the Immigration process started for my family just unsure of the best way to proceed. Any advice would be MUCH appreciated! Sorry its so long but I hope it will help get the correct advice.

  • #2
    File I-130 & I-485 for all of them now (takes about a year). File I-131 for advanced parole (takes 3-6 months) for everyone so you guys can leave and come back while waiting. File I-765 for your wife (takes 3-6 months) so she can work while waiting (if desired).

    The moment your kids get their green cards and are living with their US Citizen parent in the US (already done), they become citizens. Apply for their US passports at this time. Your wife will get a 10 year green card and can apply for citizenship (based on marriage) 3 years after receiving the green card.
    Adjustment of Status c(9) 400 days
    Married: 8/18/17
    Package Sent: 10/16/17 ~~ Received (PD): 10/19/17
    I-485 Status - "Biometrics Fee Received": 10/28/17
    Biometric Appointment (11/16/17) Received: 11/3/17 Done: 11/9/17
    EAD/AP Approved: 1/4/18 (Day 77) Notices & Card Received: 1/11/18
    EAD/AP Renewal Received: 10/4/18
    Interview Notice & EAD/AP Renewal Receipts Received: 10/9/18 (Day 355)
    Interview date: 11/13/18 ~ New Card Being Produced (Day 390)
    Card in hand! 11/23/18 (Day 400)

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    • #3
      Originally posted by miiki View Post
      File I-130 & I-485 for all of them now (takes about a year). File I-131 for advanced parole (takes 3-6 months) for everyone so you guys can leave and come back while waiting. File I-765 for your wife (takes 3-6 months) so she can work while waiting (if desired).

      The moment your kids get their green cards and are living with their US Citizen parent in the US (already done), they become citizens. Apply for their US passports at this time. Your wife will get a 10 year green card and can apply for citizenship (based on marriage) 3 years after receiving the green card.
      Thank you very much for your reply. This looks like good advice, wish I had come across this site much sooner! One of the things that has had me worried is the fact that my wife and kids came here as visitors without a visa and have stayed here for about a year and a half. Do you have any idea if this could hinder the I-130 & I-485 being approved? From my research it is my understanding that immediate relatives are exempt from certain rules/criteria when it comes to being here "out of status". Just unsure if this would be the case in our situation. This has been our main reason for procrastinating so long.

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      • #4
        Originally posted by Canada/US View Post
        Thank you very much for your reply. This looks like good advice, wish I had come across this site much sooner! One of the things that has had me worried is the fact that my wife and kids came here as visitors without a visa and have stayed here for about a year and a half. Do you have any idea if this could hinder the I-130 & I-485 being approved? From my research it is my understanding that immediate relatives are exempt from certain rules/criteria when it comes to being here "out of status". Just unsure if this would be the case in our situation. This has been our main reason for procrastinating so long.
        It has no effect. It's not relevant.

        This is my personal opinion and is not to be construed as legal advice.

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