Bringing My Wife's Kids to the U.S. Before Getting a Divorce

There may be a solution actually. It would involve having her commit her support and enter an agreement with you. It's a bit tricky obviously, but possible... Have you tried speaking with an attorney on this?

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Quoting ExperiencedIA

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There may be a solution actually. It would involve having her commit her support and enter an agreement with you. It's a bit tricky obviously, but possible... Have you tried speaking with an attorney on this?

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Okay, time for you to stop.

You're not even reading the threads at this point, are you?

I did read the thread. From a legal perspective, at least, I found the comments either incomplete and/or misleading (which is not to denigrate anyone). There are several issues that Brian will need to take into account. For example, a stepparent relationship (with immigration consequences) may already exist between him and his spouse's children simply by virtue of the marriage, whether he likes it or not. Also: his spouse will probably not be able to have her children move to the U.S. before she becomes a U.S. citizen (due to delays currently affecting immediate relative petitions by green-card holders). And who's to say exactly when she will be able to become a citizen if we do not know the details of her background. For the rest, I would abstain from passing advice on family decisions. Good luck, Brian!

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Quoting ExperiencedIA

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I did read the thread. From a legal perspective, at least, I found the comments either incomplete and/or misleading (which is not to denigrate anyone). There are several issues that Brian will need to take into account. For example, a stepparent relationship (with immigration consequences) may already exist between him and his spouse's children simply by virtue of the marriage, whether he likes it or not. Also: his spouse will probably not be able to have her children move to the U.S. before she becomes a U.S. citizen (due to delays currently affecting immediate relative petitions by green-card holders). And who's to say exactly when she will be able to become a citizen if we do not know the details of her background. For the rest, I would abstain from passing advice on family decisions. Good luck, Brian!

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Which immigration consequences would those be?

Please tell us.

9 FAM 40.1 N2.2

"The provisions of INA 101(b)(1)(B) provide for the creation of a step-relationship between the natural offspring (whether or not born out of wedlock) of a parent and that parent’s spouse. Such step relationship is created as a result of the marriage of the offspring’s natural parent to a spouse and must be based on a marriage that is or was valid for all purposes, including immigration purposes. The offspring must be or have been under the age of 18 at the time the marriage takes place in order to acquire the benefits as a child under INA 101(b)(1)(B). No previous meeting of the offspring and the new parent is required. In addition, if the marriage between the natural parent and stepparent is still in effect (i.e., the marriage has not been terminated by divorce or by death of the natural parent), there is no requirement that an emotional relationship exist between the stepchild and stepparent."

You're missing the point, I believe.

The cite only comes into play if the stepparent WISHES for the children to be considered as family for the purpose of immigration benefits.

In other words, nobody can force him to take on the extra financial burden if he doesn't wish it so.

Of course, Brian would need to voluntarily file a petition for his spouse's children. But, then again, the same would apply to any natural parent: the child would not be able to apply for a green card on his or her own, without his or her parent's voluntary petition. (Things are somewhat different in the citizenship context, but that is certainly besides the point.) So, the issue of "force" you allude to makes absolutely no legal difference in the immigration context.

Besides, wasn't Brian telling us precisely that he WISHED to help? I quote: "My wife wants me to petition for both of her kids and bring them here in the US before we divorce. I think that would be the least I could do for her."

Whether the guy really has a moral duty to help (as he seemed initially to think) is not for us to judge. The only concern he invited us to comment upon was financial. The issue was whether there is any way to meet his potential moral duty while avoiding or minimizing financial exposure. I am saying THERE IS, though it may be tricky. And, logically, whether going for a tricky strategy would ever be worth it depends solely on how important Brian takes his moral duty to be--which, I repeat, is not for us to judge.

I will leave it to that.

Glad we're all on the same page.

:cool:

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Heck, I'll go one stop further.

You said:

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It would involve having her commit her support and enter an agreement with you. It's a bit tricky obviously, but possible

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And I asked how.

You also said:

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For example, a stepparent relationship (with immigration consequences) may already exist between him and his spouse's children simply by virtue of the marriage, whether he likes it or not.

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Tell us again. What kind of immigration consequences would exist "whether he likes them or not".

I really appreciate all your feedback and suggestions.
llworking is spot on when he talks about "trust". It really has to do with trust and currently I don't really trust what my wife truly has in mind.
I understand that she wants to bring her kids to the US. Who wouldn't want in this situation? But the fact that she is not working on her own towards this goal doesn't reassure me. In preparation of her kids becoming US permanent resident, she should be working hard, save money so that she would be able to offer them a decent life once they finally come here. But she doesn't. She only relies on me. She works barely 10 hours a week and expect me to pay for everything (fees for the forms, laywer etc...)
Maybe things will change once her kids come here. Maybe, as she tells me, she will work hard and become financially independent. But maybe she won't.
I read ExperiencedIA's comment about a possible relationship already existing between myself and her kids. There is none. They are not my kids and I haven't adopted them, period. (These 2 kids have been raised by their mom and their grandmother their whole life and don't even know their respective biological father.)

As far as sponsoring them to come to the US, I already see that as way too risky for me.
But I wonder, if I do bring them here, for how long would I be responsible for them? Doesn't the I-864 (Affidavit of support) expire when the kids reach a certain age? Or maybe when they themselves become US citizen?

ExperiencedIA really understood the purpose of my thread. I was looking at a legal way to protect myself in case my wife wants to use my signed Affidavit of Support to her kids to get money from me. Is there any kind of agreement I could enter with her that would make any support request inapplicable?
For example, I could make her sign a document that establishes a debt (cash) she owes to me. I would obviously never use this document against her, unless of course she tries to use the Affidavit of Support to get money from me. This of course sounds illegal but I wonder if along these lines there is something legal I can do here.

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Or maybe when they themselves become US citizen?

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Yep. The Affidavit of Support applies until they become US Citizens or have accrued 40 quarters of work credit under the Social Security Act. This is typically 10 years, but can be longer if there are periods of unemployment - and longer still if these children are not of working age.

The Affidavit of Support also expires if they give up LPR status, are deported, or die.

The only legal protection you have is to not assist her in bringing her children here.