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Complicated Question I am sure...

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  • Complicated Question I am sure...

    Ok I was married to a guy from Mexico had a child however he had 2 children from his previous marriage and when they came here after being abandoned by their mother on the streets of mexico I grew to love them. I fixed his papers. Ok my Ex left me and married a woman and she too was illegal so he proceeded to fix her papers problem now is since Immigration is so back logged it is taking longer than he thought meanwhile his kids are growing and still have no status, cesar my (step son) is 16 this year can't drive, can't work nothing, my ex was not thinking of this and before you know it years have past by, ok my question... isn't there something "I" can do to get these kids leagal maybe adoption or something I love them so, and it hurts me to see my daughter (their sister) having all the oportunities in the world and them left out PLEASE do not throw negative opinions at me, my heart feels for them, heck the girls want to work together and make their own money and her sister can't.

  • #2
    Ok I was married to a guy from Mexico had a child however he had 2 children from his previous marriage and when they came here after being abandoned by their mother on the streets of mexico I grew to love them. I fixed his papers. Ok my Ex left me and married a woman and she too was illegal so he proceeded to fix her papers problem now is since Immigration is so back logged it is taking longer than he thought meanwhile his kids are growing and still have no status, cesar my (step son) is 16 this year can't drive, can't work nothing, my ex was not thinking of this and before you know it years have past by, ok my question... isn't there something "I" can do to get these kids leagal maybe adoption or something I love them so, and it hurts me to see my daughter (their sister) having all the oportunities in the world and them left out PLEASE do not throw negative opinions at me, my heart feels for them, heck the girls want to work together and make their own money and her sister can't.

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    • #3
      find a good lawyer. there's too much information we need to know about everything, that isn't detailed here.

      -= nav =-

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      • #4
        Thank you for helping!! I am in search of one now..

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        • #5
          How old is the girl (you said the boy is 16)?

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          • #6
            Yes, you can apply for your stepchildren. They will need to leave the country to get their visa, but they will not be subject to the bar. Have you not talked to a lawyer before now? If you married while they were under 18, they became your stepchildren, and then qualified as immediate family. However, if they entered illegally then they could not adjust status (unless you had applied during a time of 245(i). Please talk to a lawyer!

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            • #7
              Katy you are not paying attention. They are not her stepchildren anymore when the husband remarried.

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              • #8
                Bronzelady- I did miss that. However I believe that it could be argued that thestepchild relationship does not end witht the marriage. The proofs required with the I-130 (proof of marriage before child turnign 18 and proof of *previous* marriages dissolved) wouldn't bely a deficiency in the relationship before approval. Of course they could inquire as to whether the marriage was bona-fide for the time it lasted. Considering the boy is too old to be adopted, I think it is worth investigating.

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                • #9
                  I didn't think a step parent had legal relationship after marriage was dissolved if no adoption took place?

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                  • #10
                    A significant number of states impose a duty of support of stepchildren even after the marriage is dissolved. I think it is a valid issue to try to assert.

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                    • #11
                      Katy,

                      Federal position is different. Once the parent is no longer married to the USC the step-relationship is dissolved as well. Besides, in reality, those step-children wouldn't get a green card until AFTER the parent had one because it is a step-relationship.

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                      • #12
                        A few of you are right I CAN NOT do anyting for these children. I called their Dad and told him what he needs to do I saw the Secretary of the Lawyer we used 13 years ago at the store and asked and she said he has to go become a citizen and then apply for his children I was on his butt like white on rice to get this done I mean his wife already got accepted and his children?????? I argued with him about that he knows he's wrong but we are not married anymore I can only suggest to him what to do. Thanks for all the replies I figured with them being "Mexican" and the sever hate for them on this board I expected so many "negative" responses. I see there are decent people after all, Good day!

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