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maintaining visa status during petition??

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Filed: Country: China
Timeline

Hi,

I am a US citizen, and I will petition for my father. He is in US on B2 visa. Visa will expire March 2008. We will probably get everything ready and send in I-130 and 1-485 in one package in Jan 2008. My question is: once we submit the package, can my dad legally stay in US, even after his visa expires?

I've read the guide. Seems like he can legally wait in US. But I hope to get confirmation from one of you experts.

Thanks,

Hua

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Filed: Citizen (apr) Country: China
Timeline

YES :yes: it just like any other NON-IMMIGRANT visa holder adjusting status. Example K-1 adjusting status always have expired visa while waiting for AOS.

File for AP, and EAD along with the I-485, they don't cost more when filed for with AOS. AP allows travel out of the country and re-entry, and EAD allows getting SSN, and perhaps work.

I-765 (EAD) code is (c )(6 ) based on pending I-485.


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

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CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Filed: Country: China
Timeline
YES :yes: it just like any other NON-IMMIGRANT visa holder adjusting status. Example K-1 adjusting status always have expired visa while waiting for AOS.

File for AP, and EAD along with the I-485, they don't cost more when filed for with AOS. AP allows travel out of the country and re-entry, and EAD allows getting SSN, and perhaps work.

I-765 (EAD) code is (c )(6 ) based on pending I-485.

YuAndDan, thank you so much.

Hua

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Filed: Country: China
Timeline
YES :yes: it just like any other NON-IMMIGRANT visa holder adjusting status. Example K-1 adjusting status always have expired visa while waiting for AOS.

File for AP, and EAD along with the I-485, they don't cost more when filed for with AOS. AP allows travel out of the country and re-entry, and EAD allows getting SSN, and perhaps work.

I-765 (EAD) code is (c )(6 ) based on pending I-485.

Hi, one more question. If I don't apply EAD, will my dad eventually get SSN after getting green card?

Thanks,

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Hi, one more question. If I don't apply EAD, will my dad eventually get SSN after getting green card?

Thanks,

Yes he can. Green card trumps EAD. That is, with a green card, your father will be free to work and travel.


08/17/08: Mailed N400 to TSC

08/19/08: USPS attempted delivery

08/20/08: TSC received N400

08/21/08: TSC cashed check

09/02/08: Received NOA...........Priority date: 08/20/08

..............................................Notice date : 08/22/08

09/02/08: Received Biometrics Notification

09/18/08: Biometrics completed - Charlotte DO

10/24/08: Received Interview Letter

12/08/08: Interview @ 1:00pm. APPROVED!

01/05/09: Oath Ceremony 10:00AM. Now officially a USC!!!

-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

01/17/09: Applied for US Passport and passport card

01/28/09: Received US Passport

01/29/09: Received US passport card

01/29/09: Received naturalization certificate back from passport office

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