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nynke

AOS from R1 to EB4 with minor with Down syndrome

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My husband has R1 visa and will file AOS for EB4 green card (employer petition was approved). Our daughter who has Down syndrome and myself will file AOS I-485 as derivatives.

Question: would you suggest we file the three together, or wait for my husband's green card to be approved?

Our concern is that he would be denied because of her chance for public chargeability.

We are Dutch citizens, and daughter is on R2 visa right now.

Other question: does it even make sense to file (so much money!)? I mean, how high is the risk that she would be denied?

Thank you! Wanting to file this week as our date is current.

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You all apply together.

No harm taking evidence of her medical insurance in case it gets raised.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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IF you don't file together, what's your plan? When his GC is approved, he no lnoger has R1 status and you and your daughter will no longer have R2 status...or any other status in the US. You would need to either return to the Netherlands or remain illegally in the US, neither of which sounds like a good plan for your family.

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