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Bern`

TD Visa to AOS.

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Filed: AOS (apr) Country: Canada
Timeline

Hey everyone!

Not sure if anyone has experience with this, but it never hurts to ask.

I have a friend who came down as a dependent in 2007 on her mothers TN visa. Therefore, she is currently under TD status. She has been in AOS limbo since 2008. Basically, does anyone know what else she can do, is she even allowed to apply for permant residence? She is also currently married to a server member.

If anyone has some insight, please share. Thank you!


Married - February 25, 2009

Filed I-130 - March 3, 2009

Interview& Approval - March 26, 2010

POE'd - April 6, 2010

Filed I-751 - February 13, 2012

Approved - November 21, 2012

as1cERN0g410010MDAwMTQwOGx8MDA5Njk4c3xXZSBoYXZlIGJlZW4gbWFycmllZCBmb3I.gif

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Filed: Citizen (apr) Country: China
Timeline

Here is what a Legal site has:

TD Visa Conversion To Permanent Immigration Possibility You can apply for adjustment of status and lawfully seek to become a legal permanent resident.
http://www.usimmigra...y-t1-holder.htm

OR:

Adjustment of Status from TN

Unlike H-1B, for example, TN is not a dual intent classification. This means that a TN nonimmigrant must maintain the intent to depart the U.S. at the conclusion of the approved TN employment and not to intend to establish permanent U.S. residence. Accordingly, TN nonimmigrants generally are not permitted to be intending beneficiaries of pending petitions for permanent residence while employed under a TN (or derivative dependent) classification and will not be approved for adjustment of status from TN (or TD) to permanent resident. Of course, eligible Canadians or Mexicans are not prohibited from changing from TN to another nonimmigrant classification that permits dual intent and subsequently petitioning for permanent residence and adjustment under the new classification.

http://www.ramalawus...essionals.shtml

This just means cannot directly adjust status, will need to adjust status based on something else like marriage to a US Citizen. This visa is not restricted from AOS like a Crewman's C/D1 visa, or a J-1 with a Home-Residency Requirement.

If married to a US Citizen, then follow this guide: http://www.visajourn...page=i130guide2


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

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

1428954228.1592.1755425389.png

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: AOS (apr) Country: Canada
Timeline

Alright thanks and sorry about the multiple posts. I wasnt sure where to post it. :)

Okay, so adjustment through marriage. So her husband would in turn become the petitioner and he'd have to file for an I-130 and an I-485? So the one that is currently filed is void?


Married - February 25, 2009

Filed I-130 - March 3, 2009

Interview& Approval - March 26, 2010

POE'd - April 6, 2010

Filed I-751 - February 13, 2012

Approved - November 21, 2012

as1cERN0g410010MDAwMTQwOGx8MDA5Njk4c3xXZSBoYXZlIGJlZW4gbWFycmllZCBmb3I.gif

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Filed: Citizen (apr) Country: China
Timeline

Alright thanks and sorry about the multiple posts. I wasnt sure where to post it. :)

Okay, so adjustment through marriage. So her husband would in turn become the petitioner and he'd have to file for an I-130 and an I-485? So the one that is currently filed is void?

Exactly..

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

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

1428954228.1592.1755425389.png

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: IR-1/CR-1 Visa Country: Canada
Timeline

PM warlord--he went this route


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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Filed: AOS (apr) Country: Canada
Timeline

OKAY. ONE LAST QUESTION.

Would it matter if AOS was filed before she married?


Married - February 25, 2009

Filed I-130 - March 3, 2009

Interview& Approval - March 26, 2010

POE'd - April 6, 2010

Filed I-751 - February 13, 2012

Approved - November 21, 2012

as1cERN0g410010MDAwMTQwOGx8MDA5Njk4c3xXZSBoYXZlIGJlZW4gbWFycmllZCBmb3I.gif

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Filed: Citizen (apr) Country: China
Timeline

OKAY. ONE LAST QUESTION.

Would it matter if AOS was filed before she married?

First AOS, No. However a second one based on marriage to US Citizen will simply cancel out the one from prior to marriage.

What was first AOS based on?


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

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

1428954228.1592.1755425389.png

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: AOS (apr) Country: Canada
Timeline

PM warlord--he went this route

I swear he went the TN route. My friend in question is a dependent on a TN visa, so she is the holder of a TD.

First AOS, No. However a second one based on marriage to US Citizen will simply cancel out the one from prior to marriage.

What was first AOS based on?

I believe it was filed under her mom, who was on a TN visa. Her mom is still currently a greencard holder. So I'd have to say employment based, by her mother.

Edited by Bern`

Married - February 25, 2009

Filed I-130 - March 3, 2009

Interview& Approval - March 26, 2010

POE'd - April 6, 2010

Filed I-751 - February 13, 2012

Approved - November 21, 2012

as1cERN0g410010MDAwMTQwOGx8MDA5Njk4c3xXZSBoYXZlIGJlZW4gbWFycmllZCBmb3I.gif

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Filed: Citizen (apr) Country: China
Timeline

I swear he went the TN route. My friend in question is a dependent on a TN visa, so she is the holder of a TD.

I believe it was filed under her mom, who was on a TN visa. Her mom is still currently a greencard holder. So I'd have to say employment based, by her mother.

In this case if based on mother's LPR status, then the AOS is waiting either for the I-130 to become current and eligible to get a visa number.

The faster route will be to drop that AOS and do one based on marriage to a USC, this results in much shorter processing (4 months or so)


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

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

1428954228.1592.1755425389.png

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: IR-1/CR-1 Visa Country: Canada
Timeline

Opps, ur correct, my mistake!! My Tiny male brain registered it as a "TN" lol


Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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