Assistance needed

[Shae]

My husband has been in the US for almost 2 years with me. During that time, he has not seen his children (he has 3 little ones) and it's beginning to take a toll him. We would like to file for them, but i don't know where to start. Does he have to have his greencard in his hand before we can begin the filing process? If i do not meet the income requirements can we combine his income with mine (he's finally working THANK GOD)? Which forms will i have to complete? Does anyone know that cost associated with it? I know we paid $1760 (I think) for his paperwork. Since his I485 is still pending, will we be able to file at a lower rate? I heard of and read about a priority date, but never understood it.....his children are in Jamaica but i don't see that on the list...does that mean we can file whenever we want?

Sorry for all the questions, i just hate to see my husband unhappy. Seeing the pain on his face when he speaks to his children brings tears to my eyes. They always ask...."Daddy, when we coming to Foreign"? lol. Will it be smart to file for a visitors visa for them while we sort out their paperwork or will it be a waste of time/money?

[bobm445]

I believe he needs to have his green card as he is not yet a permanent Resident .

[newacct]

My husband has been in the US for almost 2 years with me. During that time, he has not seen his children (he has 3 little ones) and it's beginning to take a toll him. We would like to file for them, but i don't know where to start. Does he have to have his greencard in his hand before we can begin the filing process? If i do not meet the income requirements can we combine his income with mine (he's finally working THANK GOD)? Which forms will i have to complete? Does anyone know that cost associated with it? I know we paid $1760 (I think) for his paperwork. Since his I485 is still pending, will we be able to file at a lower rate? I heard of and read about a priority date, but never understood it.....his children are in Jamaica but i don't see that on the list...does that mean we can file whenever we want?

Sorry for all the questions, i just hate to see my husband unhappy. Seeing the pain on his face when he speaks to his children brings tears to my eyes. They always ask...."Daddy, when we coming to Foreign"? lol. Will it be smart to file for a visitors visa for them while we sort out their paperwork or will it be a waste of time/money?

From your previous posts you are a US citizen petitioning your husband. As long as you married him before his children turned 18, you can petition his children (your step-children). These are separate petitions from your petition for your husband and the cases are independent. You do not need to wait until your husband gets a green card.

Since they are not in the US, they will go through Consular Processing abroad, not AOS in the US. You will file a I-130 for each of his children, then wait for it to be approved and then to be contacted about the next steps for them to go through Consular Processing in Jamaica.