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Posted

I am currently in TPS. My family based visa, F4 was filed long time ago and now interview has been scheduled. I was out of status before TPS. I went to Nepal twice through pay roll after TPS. My TPS is valid until December and interview is scheduled for June. So, my question is, should I stay here in US and file Adjustment Of Status or go back to Nepal and attend interview with my family back home. Which one is best option. Please, give me genuine advice.
Thank you in advance.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

  Since you were out of status at one time, that could cause issues with Adjustment of Status.  Have you spoken with an attorney?

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

I have always wondered about this and I am interested to know if this applies in your case:

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2

image.thumb.png.a823183113f7723fc8792797daeccddf.png

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
2 minutes ago, Bchandra said:

Different attorneys have different opinions.I spoke with some. Can you please advice me. thank you

I am not an attorney. 

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
21 hours ago, Bchandra said:

Advise me best options thanks

 

I wouldn’t risk trying to adjust status personally if you’ve overstayed in the past - the link from @Crazy Cat gives you info on that.

 

Are you the sibling or dependent of a sibling for your F4?

 

 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
17 minutes ago, appleblossom said:

I wouldn’t risk trying to adjust status personally

Yep.  In my mind, an immigrant visa seems the safer option.....but I am not an attorney.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted

Have you ever been unlawfully present in the U.S. for more than one year or more than one year in the aggregate at any time during the last 10 years? I have been us since 2006 and filled TPS status since 2015. when i filled DS 260 in 2021 it has not been Ten years. Now The status is current and I am about to do adjustment of status. I am going to update DS 260 should I answer YES or NO . Please help me

Posted
2 hours ago, Bchandra said:

Have you ever been unlawfully present in the U.S. for more than one year or more than one year in the aggregate at any time during the last 10 years? I have been us since 2006 and filled TPS status since 2015. when i filled DS 260 in 2021 it has not been Ten years. Now The status is current and I am about to do adjustment of status. I am going to update DS 260 should I answer YES or NO . Please help me

Seeing that your timeline is completely blank it is difficult to determine your path to AOS since there is no path from TPS.

Indicate your route to AOS so this thread can be removed from the K1 AOS forum.

Filed: K-1 Visa Country: Wales
Timeline
Posted

How did you enter

“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.”

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
3 hours ago, Bchandra said:

I have been us since 2006

What visa did you use to enter the U.S.?  How did you enter the U.S.?

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Posted

I came B1/B2 visit visa. I am currently in TPS. My family based visa, F4 was filed long time ago and now interview has been scheduled. I was out of status before TPS. I went to Nepal twice through pay roll after TPS. My TPS is valid until December and interview is scheduled for June. So, my question is, should I stay here in US and file Adjustment Of Status or go back to Nepal and attend interview with my family back home. Which one is best option. Please, give me genuine advice.
Thank you in advance.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Adjustment is not an option due to your lack of status, adjustment through marriage to a USC would work.

“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.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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