HELP Permanent residency for stepdaughters.

[contreeg]

Live in Arizona - I'm a US citizen.

To get right to the point, my question is, can I continue permanent residency process for my two step daughters, both under 18 if I'm no longer living with my wife?

In 1999 I married my wife who had 3 daughters, but only one of the daughters was living with her in the US at the time and both my wife and stepdaughter were here illegally, But after 4 years she and her daughter were finally granted permanent residency. The other 2 daughters were living in Mexico with there grandmother, and we did not petition for them since they did not have a birth cirtificate and my wife would have to go to Mexico and register them for birth cirtificates as soon as she was granted permanent residency and could leave the US. Well the grandmother passed away before my wife had here permanent residency status and since no one was willing to take care of them she had them brought to the US (illegally).

The two girls live with us in the US, so I filed I130's for both girls last year and received the Notice of Action, and was on to the next step which was the Affidavit of Support, when my wife and I separated. She moved out and I could not pay for the house so I lost it and moved into an apartment. She has filed a change of address with INS and was told that they are waiting for the affidavit of support form and fee.

Can I legally still continue this process or does the fact that we no longer live together prevent me from this? We are still legally married and have good open communication with each other and will file 2007 taxes together.
Please anyone help..I tried to keep this as short as possible, thanks.What is the name of your state?

 

[ImmigAttyLana]

If they are in the US illegally (came illegally) they are not eligible for adjustment of status in the US even if you could petition for them!

 

[evcalyptos]

If they are in the US illegally (came illegally) they are not eligible for adjustment of status in the US even if you could petition for them!

But it's an interesting question... can he continue to petition them in these circumstances?

And do minor children have to go do the consular interview/waiver route like other EWIs? Their time in the US doesn't count against them, but the entry does, correct?

OP, you will find a lot more specific help for your type of case at the I-601 forum at www.immigrate2us.net
Good luck.. don't rush anything, triple check --everything-- you learn.

 

[contreeg]

Thank you for your quick replies..it really helps.
When my wife and stepdaughter adjusted status they were both illegally in the US and my wife was punished but my stepdaughter was not because the agent said that minor children are not responsible for what their parents do. So I believe this still applies in my situation today, but I'm no expert and don't know if the rules have changed since 2003.

What I'm most concerned with is that if I continue with my stepdaughters immigration process, will it be a waste of time and money if at the interview they will find out that we are living apart and there adjustment will be declined. I'm not willing to lie about this either which is what my wife has suggested I do.