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SVFD631

Prior to applying for AOS for K-2 daughter wants to return

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Hi All!

We were just in the process of filing out the AOS documents for my daughter who will be 21 in August (and came on a K-2 Visa) and she is unsure whether or not she wants to stay. She is very unhappy here and wants to know what would happen if we applied at a later date. The problem is if she stays, and we apply for Advance Parole, she wants to go back and work for 3 to 6 months for good money in Canada - can she do that on an Advanced Parole????? If not, and if we apply after she is 21, does she stay in Canada until she gets her Green Card or would she have to come back for the filing of the documents and wait it out?? I hope this all makes sense and I hope someone can give us some guidance or advice.

Thank you in advance.


8-20-04 - mailed I-129F

8-24-04 - TSC stamped received

8-24 to 10-22 multiple contacts to Sen Edwards & Cong Taylor & NCSC because of no contact/case#

10-22-04 received letter of approval

9-30-2004 Actual date we were approved

11-01-2004 faxed DS-230 Part 1 to Vancouver

11-05-2004 faxed checklist to Vancouver

11-08-2004 medical

11-29-2004 INTERVIEW

11-29-2004 GOT VISA!!!!!!!

POE Toronto December 31, 2004

Married January 14, 2005

AOS/EAD Timeline

March 17, 2005 AOS and EAD sent to Chicago Lockbox

March 20, 2005 received by Chicago Lockbox

April 8, 2005 received NOA1's for AOS and EAD

May 21, 2005 Biometrics and Fingerprinting - Charlotte NC

May 23, 2005 - Approved!!! Waiting for EAD card

June 3, 2005 - received EAD in mail

June 7, 2005 - applied for SSN

June 14, 2005 - received SSN in mail

June 16, 2005 - FIRST JOB INTERVIEW

June 22, 2005 - got NC Driver's License

June 27, 2005 - start new JOB

August 20, 2005 - email from USCIS - transferred to CSC

August 29, 2005 - email from USCIS - interview cancelled

August 30, 2005 - email from USCIS - received file - 270 to 300 days to process???????

September 29, 2005 - touched

November 28, 2005 - RFE for new MEDICAL!!!!!

December 5, 2005 RFE for Supp Immunication Form sent

December 15, 2005 RFE returned

December 19, 2005 Sent off RFE again

January 17, 2006 - Welcome to America Letter notice date

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If she does not want to apply for AOS and she will be over 21 soon, she may have to wait a long time (in Canada) for a visa number to become available. I would check the forum Bringing Family Members of Permanent Residents to America, and look up some of the old threads.

Also, USCIS info: http://travel.state.gov/visa/frvi/bulletin...letin_2771.html

If I'm reading this right, she would be category 2B (unmarried children of US LPR), with priority date of 1996 (10 yr wait). Even if you were a citizen in a few years, it's still 5 yr wait for 1st preference.

In short, I'd research this in detail, before making a decision.

Edited by kc456

09-02-2005 Applications for AOS, EAD, and AP received by MSC

10-21-2005 AOS fingerprint notice for 12-08-2005

11-07-2005 AP approved

12-05-2005 Infopass appt at San Jose office for interim EAD -- Refused, because it is already approved by MSC on 11-07-2005

12-07-2005 Attempt at interim EAD at San Francisco office -- no go. Back to San Jose, where CSO (chief station officer) tells they will contact MSC via email to request permission to issue interim EAD

12-08-2005 Biometrics for AOS and EAD. Having no EAD appt letter was no problem (used EAD NOA)

12-15-2005 EAD arrived in the mail

12-24-2005 Received interview letter; interview scheduled 03-01-2006

01-28-2006 Received replacement SSN card in married name (5 wks since application)

03-01-2006 AOS interview -- approved; received stamp in the passport

03-13-2006 Green card arrived in the mail

---

Filing for removal of conditions

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If she does not want to apply for AOS and she will be over 21 soon, she may have to wait a long time (in Canada) for a visa number to become available. I would check the forum Bringing Family Members of Permanent Residents to America, and look up some of the old threads.

Also, USCIS info: http://travel.state.gov/visa/frvi/bulletin...letin_2771.html

If I'm reading this right, she would be category 2B (unmarried children of US LPR), with priority date of 1996 (10 yr wait). Even if you were a citizen in a few years, it's still 5 yr wait for 1st preference.

In short, I'd research this in detail, before making a decision.

In short, your daughter needs to make a choice... she can either have a life in the US or a life in Canada for the next few years. She can't have both.

If I were making the choice, I would do anything to be able to get dual citizenship. But that's me. If she leaves, she'll have to get in line to wait for an immigrant visa number... right now that's 10 years out.


Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

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Tell your daughter that this is a once-in-a-lifetime opportunity. If she can stick it out in the US for five years she'll be able to get dual citizenship and then she can go back and forth whenever she likes... if she leaves now she'll be too old to get status from you and there's no easy way back in. I know she'd have it a bit easier being Canadian and allowed to spend six months in the US visiting in a year instead of 90 days, but it's not the same...

My advice is DO AOS NOW!


Karen - Melbourne, Australia/John - Florida, USA

- Proposal (20 August 2000) to marriage (19 December 2004) - 4 years, 3 months, 25 days (1,578 days)

STAGE 1 - Applying for K1 (15 September 2003) to K1 Approval (13 July 2004) - 9 months, 29 days (303 days)

STAGE 2A - Arriving in US (4 Nov 2004) to AOS Application (16 April 2005) - 5 months, 13 days (164 days)

STAGE 2B - Applying for AOS to GC Approval - 9 months, 4 days (279 days)

STAGE 3 - Lifting Conditions. Filing (19 Dec 2007) to Approval (December 11 2008)

STAGE 4 - CITIZENSHIP (filing under 5-year rule - residency start date on green card Jan 11th, 2006)

*N400 filed December 15, 2011

*Interview March 12, 2012

*Oath Ceremony March 23, 2012.

ALL DONE!!!!!!!!

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Thanks to everyone for there replies. I guess I will just have to let her know the consequences of not getting it now and hopefully she makes the right decision.

Thanks again.


8-20-04 - mailed I-129F

8-24-04 - TSC stamped received

8-24 to 10-22 multiple contacts to Sen Edwards & Cong Taylor & NCSC because of no contact/case#

10-22-04 received letter of approval

9-30-2004 Actual date we were approved

11-01-2004 faxed DS-230 Part 1 to Vancouver

11-05-2004 faxed checklist to Vancouver

11-08-2004 medical

11-29-2004 INTERVIEW

11-29-2004 GOT VISA!!!!!!!

POE Toronto December 31, 2004

Married January 14, 2005

AOS/EAD Timeline

March 17, 2005 AOS and EAD sent to Chicago Lockbox

March 20, 2005 received by Chicago Lockbox

April 8, 2005 received NOA1's for AOS and EAD

May 21, 2005 Biometrics and Fingerprinting - Charlotte NC

May 23, 2005 - Approved!!! Waiting for EAD card

June 3, 2005 - received EAD in mail

June 7, 2005 - applied for SSN

June 14, 2005 - received SSN in mail

June 16, 2005 - FIRST JOB INTERVIEW

June 22, 2005 - got NC Driver's License

June 27, 2005 - start new JOB

August 20, 2005 - email from USCIS - transferred to CSC

August 29, 2005 - email from USCIS - interview cancelled

August 30, 2005 - email from USCIS - received file - 270 to 300 days to process???????

September 29, 2005 - touched

November 28, 2005 - RFE for new MEDICAL!!!!!

December 5, 2005 RFE for Supp Immunication Form sent

December 15, 2005 RFE returned

December 19, 2005 Sent off RFE again

January 17, 2006 - Welcome to America Letter notice date

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