lyssa

From what I understand.. If you don't file for an EAD, you can keep your current status while AOS is pending?

My mom has a TN visa, and my sister and I both have TD visas. She was recently married, however, my sister and I are over the age of 18 at the time of her marriage. Therefore, we can not file for AOS at the same time as her.. I was going to wait until her permanent residency is approved and then have her petition for my sister and me. However I'm concerned about losing status.. any advice?

You say sister is 18, how old was she when parents married? If less than 18, she can adjust status now based on step-parent US Citizen filing an I-130.

However in the case of son/daughter age 18 and older, only biological parent can file an I-130 for unmarried son/daughter, and can only do so after getting green-card. In your case you would not be able to adjust status until the I-130 filed by your biological parent becomes eligible for a visa which for under age 21 is 4 years from now, and if 21 years or older is 8 years from now. It would be best for your parent to adjust status ASAP get green-card, and then file the I-130 for you BEFORE you turn 21.

My sister was 18 when they were married.. so she has the same problem that I do. It really takes 4 years? Wow, that is a long time. Would I still be able to stay in the country while my AOS is pending or do I have to leave? Thank you so much for all of your advice, you have really helped clarify so much.

I'm still somewhat confused.. If my mom files for AOS, that means she would no longer have a TN status. Therefore, my sister and I would lose our TD status as well.. Would we lose our status as soon as my mother's AOS is received? So technically, we couldn't wait until my mother's greencard is approved and then file for ours.. I would have to leave the country or have a student visa?

I think she was here for 11 years on a TD visa, and recently her mother got married.

OP - I think student visa is the way to go. Good luck.

Yes, this is correct. Thanks.

I will ask how old were you when parents married?

If less than 18, then step-parent (US Citizen) will be providing I-130, if 18 or older, then you have a problem, only your biological parent can file an I-130 for you, and this can only be done after your parent gets a green-card, and the time to get priority to get visa number to base adjustment of status is measured in years.

Moving to the AOS forum, having to do with AOS from WORK/Student/Tourist visas.

Okay, Thank you. My sister is 18, and I'm 20. My TD visa will be expiring in October because I will be turning 21. I have been living in the US for 11 years now, and I am going to college here. I have considered filing for a student visa. However, now that my mom is married, I thought that it would be easier just to apply for permanent residency. I guess now I will have to re-evaluate my plan and figure out my next step. It seems like such a hassle to file for a student visa until my mother's permanent residency status is approved, and then file for my AOS. Thank you for your reply.

Hello Everyone,

I'm new to this site, and I've been looking everywhere for answers to these questions but I couldn't find anything on the forums. My mother has a TN visa and has recently married and US citizen so she will be filing for AOS. After researching a lot, I know that she will have to file the I-130/I-485/AP/EAD for her AOS package. However, my sister and I both have TD visas and I know that we can file the I-485 with my mother's form. I'm pretty sure that we each file a separate I-485 form.. do we each have to file separate I-130 forms as well? any other advice? Thanks so much.