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shawna7

Visa on hold waiting for childs

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Strange thing happened today(well slightly stranger than most days..haha)

A friend of mine called because she was showing a house to a couple who are havimg immigration woes.

Long story short..The wife is Canadian, thet have been married 3 years, she applied for(shes not sure which..she needs to check but either a K3 or Cr1 visa)

Her lawyer did not file for a visa for her 4 year old daughter..told her she **will just get one when the mother does**...ugh

She went for her Montreal interview and was told her daughter needs a visa.

So they have put the mothers visa on hold..but every time she tries to submit for her little girl they keep sending the packet back.

I came on a K1 so I have no idea how the K3 or CR1 works..

so anyway..haha

the mother and child are in the states on a visit...she's going for an info-pass next week.

my question for her is..

Can they AOS while they are here? technically she has an approved visa....

She also told me that **they** had extended her 6 month visit because of the confusion with

her childs visa..but I have no idea who **they** are and I told her as far as I know the 6 month rule is not extendable..it is what it is..and an overstay is not a good idea..

but again..what the hell do I know..haha

any thoughts?

S


AOS

02/25/08 sent AOS packet

02/26/08 packet received chicago lockbox

03/03/08 NOA(I-485,I765,I131)for daughter and myself

03/09/08 received biometrics appointment letter

03/25/08 RFE recieved for NOA for I129F(USCIS lost it! DOH!)

03/25/08 RFE sent

03/26/08 biometrics appointment(YAY!)

03/26/08 EAD touched(for daughter and myself)

03/28/08 EAD touch again!

04/03/08 RFE received case processing resumes

04/29/08 request AP expedited

05/01/08 AP sent out

05/02/08 case transfered to CSC

05/02/08 EAD card production ordered

05/05/08 EAD card production ordered again

05/10/08 EAD card received

05/16/08 AOS touched

05/18/08 AOS touched again!

06/11/08 AOS card production ordered!

06/16/08 green card received in mail!!

no more USCIS for almost 2 years!!

ROC

04/07/10 sent I-751 to VSC

04/09/10 NOA recieved

04/13/10 cheque cashed

05/17/10 early biometrics

06/29/10 card production ordered

07/10/10 card received

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Filed: AOS (apr) Country: Canada
Timeline

Immigration lawyers are idiots! The one my husband consulted insisted that I would interview in Toronto not Montreal and that I would have my visa by July 2009 (That was in April 2009). I told my husband that the lawyer was wrong and I was doing this myself.

Her situation is pretty complicated. I'm not sure if the child would be able to even AOS here. One thing to go the US get married and AOS but to visit your parent and AOS? I don't think I've ever heard of that. Sounds like she's going to have no other choice but to go back to Canada and refile for the child. I don't understand how the lawyer could be so stupid...the child would need to have the biological parents permission to move to the US, a medical etc so the US isn't going to just hand them a visa without all of that first.


K-1 Journey

04/30/2009 - I-129F sent to VSC

03/30/2010 - Interview @ MTL APPROVED!

04/13/2010 - POE @ Pearson International

05/23/2010 - WEDDING

AOS Journey

07/20/2010 - AOS/AP/EAD Sent

07/21/2010 - package received at Chicago

07/28/2010 - check cashed

07/30/2010 - received NOA1 in mail

08/01/2010 - received biometrics letter

08/20/2010 - walk in biometrics completed

08/23/2010 - finally entered into USCIS online -AP's touched on Aug11 and EAD and AOS touched on Aug20 08/30/2010 - AOS/EAD touched

09/09/2010 - AP approved (email notice)

09/13/2010 - Received email that EAD was approved on Sept 10

10/04/2010 - Received interview letter in Mail

11/09/2010 - Interview-APPROVED! 112 days

11/09/2010 - Card Production 11/22/2010 - Green Card received

ROC Journey

08/11/2012 - Eligible to file for ROC10/11/2012 - sent in I-751 (late)10/16/2012 - received NOA 11/20/2012 - biometrics

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Filed: AOS (apr) Country: Canada
Timeline

Oh and if its a CR1 she doesn't need to AOS...only K1's and K3's need to do that. So if it was a CR1 it would have been done when she entered the country and she wouldn't be here as a 'visitor' only the child would be. If they let her in as a visitor and didn't activate her visa, then she will need to leave and re-enter at some point. Wow..pretty confusing stuff. Hopefully they can give her other options at the infopass appointment.


K-1 Journey

04/30/2009 - I-129F sent to VSC

03/30/2010 - Interview @ MTL APPROVED!

04/13/2010 - POE @ Pearson International

05/23/2010 - WEDDING

AOS Journey

07/20/2010 - AOS/AP/EAD Sent

07/21/2010 - package received at Chicago

07/28/2010 - check cashed

07/30/2010 - received NOA1 in mail

08/01/2010 - received biometrics letter

08/20/2010 - walk in biometrics completed

08/23/2010 - finally entered into USCIS online -AP's touched on Aug11 and EAD and AOS touched on Aug20 08/30/2010 - AOS/EAD touched

09/09/2010 - AP approved (email notice)

09/13/2010 - Received email that EAD was approved on Sept 10

10/04/2010 - Received interview letter in Mail

11/09/2010 - Interview-APPROVED! 112 days

11/09/2010 - Card Production 11/22/2010 - Green Card received

ROC Journey

08/11/2012 - Eligible to file for ROC10/11/2012 - sent in I-751 (late)10/16/2012 - received NOA 11/20/2012 - biometrics

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