Don’t wait, file immediately
Dear Mrs Walker-Huntington.
IRECENTLY got married in the United States, but I am living in Jamaica. My husband wants me and my two children, who are not his, to move to America. However, there is a problem. My first child who is 14 had a visa and it has expired. The second child never had one; and as for me, mine will expire in August 2022. The embassy here is not issuing any appointments until September 2022, but he wants us to come before that.
I am seeking your advice. Hope to hear from you soon.
Best regards, – K.
Dear K.,
You did not state the immigration status of your husband. However, regardless of whether he is a green card holder or an American citizen, he can file for you and his stepchildren to move to the United States permanently.
Since you were married before your children reached the age of 18 years, your husband and the children can enjoy immigration benefits. He should file a petition for alien relative for you and the children – one if he is a green card holder, and the file will be split into three when the visa processing begins; or three separate petitions if he is an American citizen. The processing time is normally nine months to a year from filing to interview, but the pandemic has created a backlog for appointments. Nevertheless, you should file immediately and not wait.
I understand the need of couples and families wanting to be together, but travelling to America on a visitor’s visa with the intention of remaining can prevent a person from obtaining permanent residency. In your case, your children do not even have visas for you to make a visit to the United States and then decide you want to remain. If you all file the petition(s) now, you should be interviewed by September 2022 for immigrant visas. No one can give you a set date as to when you and your children will be interviewed, but if done correctly, you should be ready in a year. Please be patient and follow procedures. You do not want to act in any way that might extend the separation between yourself and your husband in the United States.
While your petition is pending, you can travel to America to visit your husband, and he can travel to Jamaica to visit you and the children. When you travel with an immigration petition pending, you should take evidence with you that if questioned, you can show that you have ties to your home country and will continue to wait outside the United States on your immigrant visa to be processed. You should both keep evidence of the courtship and the relationship since marriage, as you will need this evidence at the immigrant visa interview. The burden is on you to prove that your marriage is valid, for immigration purposes.
Dahlia A. Walker-Huntington, Esq, is a Jamaican-American attorney who practises law in Florida in the areas of immigration, family, corporate and personal injury. She is a mediator, arbitrator and special magistrate in Broward County, Florida. Email info@walkerhuntington.com