huongkhin

On 4/8/2017 at 1:19 PM, Hypnos said:

You can file for AoS for your mother as an immediate relative, but not your brother. 

 

If your brother overstayed, he also wouldn't be able to adjust status through his (now-LPR) mother due to the overstay. Once she became a US citizen he could, but that's a long time to be out of status, and he'd need to be under 21 on the day his AoS was filed. 

 

If you instead filed for an immigrant visa for her, she could enter and obtain her LPR status and then file for a re-entry permit and petition her son under F2A all at the same time. This would let her remain outside the US for up to two years, but she'd need to maintain her LPR status else the petition for your brother would be voided and her own LPR status may be jeopardised. 

 

It would take almost two years for his F2A priority date to become current. 

Thank you @Hypnos.

Thanks! Hopefully someone with similar situation can share their experience.

1 minute ago, Transborderwife said:

In that case you'd file an immediate relative petition, not an F visa.  I'm uncertain if your sibling can be included in that, I believe that your mother would still have to file a petition for him.

Yes, that's what I want to find out. If he can't join  then we have to find a guardian to look after him while he waits for his petition.

2 minutes ago, Transborderwife said:

Sorry my brain is cloudy.  Are you a citizen or lpr?  If LPR you could not adjust their status anyways.

I'm a USC.

5 minutes ago, Transborderwife said:

No.  His overstay would not be forgiven best for them all to return home then.

In that case, if they return home, he will be able to join my mother when her F1 petition is ready. Is this correct?

6 minutes ago, Transborderwife said:

AOS has no derivatives.  He would have to return home and have your mother file a petition for him once she's a permanent resident.  It'll take a few years.

Thank you.

If he overstays since he doesn't have guardian in his country, can my mother file F2A for him & complete the petition in the US?

Hello VJ,

My mother and minor brother (her adopted son) are here on B2.

Scenario 1. If I file AOS for her while they're in the US, will he be able to follow to join as a derivative since he's underage?

Scenario 2. If I wait until they come back to their native country to file the petition, will he be able to join my mother?

California Service Center (23 applicants, 12 approved - 50%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
SPACKLEBART...........10/03/14......10/06/14......11/21/14......--/--/--(Bio rescheduled from 10/31/14)
TZZ...................10/05/14......10/08/14......11/06/14......03/12/15

BLACKBERRYAPPLE.......10/07/14......10/11/14......10/28/14......03/06/15

JNKMLSUX..............10/08/14......10/09/14......11/05/14......03/25/15

DIS00.................10/08/14......10/--/14......10/27/14......03/03/15(letter received 03/07/15)

DALATIAN..............10/09/14......10/14/14......11/07/14......03/13/15

BEACHGIRL.............10/09/14......10/14/14......11/03/14......03/14/15
CWBOY.................10/14/14......10/17/14......11/04/14......03/12/15
EVE OCEAN.............10/14/14......10/15/14......11/03/14......03/26/15(Early Bio 10/24/14)
SUNSHINE16X...........10/14/14......10/15/14......11/03/14......--/--/--(Got I-551 stamp 03/24/15)
DADAJHOW..............10/15/14......10/16/14......11/14/14......--/--/--(Early Bio 11/04/14)
FRENCHICAN............10/17/14......10/24/14......11/10/14......03/30/15(Early Bio 11/04/14)
IOC...................10/17/14......10/20/14......11/14/14......--/--/--

HUONGKHIN.............10/17/14......10/--/14......11/14/14......04/01/15

WCHAN23...............10/18/14......10/21/14......11/12/14......--/--/--(Early Bio 11/07/14)
TICOSAX...............10/20/14......10/22/14......11/13/14......--/--/--
RARASANTIAGO..........10/19/14......10/22/14......02/09/15......--/--/--(Bio rescheduled from 11/20/14)
IAIA..................10/22/14......10/22/14......11/13/14......03/24/15
DEBORABR..............10/24/14......10/27/14......11/26/14......--/--/--
PGUPTA................10/27/14......10/28/14......11/19/14......03/25/15(Early Bio 11/07/14)
KHWAIDEE1.............10/27/14......10/28/14......11/17/14......--/--/--

DAQH..................10/27/14......10/29/14......11/19/14......--/--/--
MK & M................10/30/14......10/31/14......11/25/14......--/--/--


Vermont Service Center (17 applicants, 0 approved - 0%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
ARMYWIFE1130..........10/03/14......10/06/14......10/24/14......--/--/--

QUEENIEFULL30.........10/??/14......10/08/14......11/04/14......--/--/--

CANTIK................10/08/14......10/14/14......11/12/14......--/--/--

WAITING_IN_SC.........10/13/14......10/17/14......11/13/14......--/--/--
STVM..................10/14/14......10/16/14......11/12/14......--/--/--
GRACENP2..............10/16/14......10/20/14......11/18/14......--/--/--
KATPEBBLES............10/18/14......10/21/14......11/18/14......--/--/--
TAKENN................10/18/14......10/21/14......11/17/14......--/--/--(Early Bio 11/14/14)
THELASTPETITIONER.....10/20/14......10/24/14......11/19/14......--/--/--
GGG1975...............10/21/14......11/03/14......12/02/14......--/--/--
ALECITA KING..........10/25/14......10/28/14......11/24/14......--/--/--
MYWORLD22.............10/26/14......10/28/14......12/02/14......--/--/--(Early bio: 11/24/14)
AMAGUIRR..............10/29/14......11/03/14......12/04/14......--/--/--
TECHDUDE..............10/29/14......11/03/14......12/04/14......--/--/--
YULICHKA..............10/30/14......11/04/14......01/02/15......--/--/--(Early bio: 12/22/14)

PLAMJORDAN11..........10/30/14......11/15/15......12/11/14......--/--/--

LIALECHKA(SON)........10/30/14......11/03/15......12/01/14......--/--/--

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Fr some reason I'm starting to get nervous.

It took 4 months for July filers. I wouldn't worry until Jan \ Feb.

My DW's CA DL expires 1 year after her conditional GC expires. Like the previous poster has mentioned, if you have the NOA1, your PR status is extended for another year. You should be able to renew your DL. If they don't let you, ask to speak to a supervisor.

Is it weird that we have a BIO appointment but no sign of NOA1? Our baby is due in December so we are thinking about going to bio early.

California Service Center (13 applicants, 0 approved - 0%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
SPACKLEBART...........10/03/14......10/06/14......--/--/14......--/--/--
JNKMLSUX..............10/08/14......10/09/14......11/05/14......--/--/--
EVE OCEAN.............10/14/14......10/15/14......11/03/14......--/--/-- (Early Bio 10/24/14)
SUNSHINE16X...........10/14/14......10/15/14......11/03/14......--/--/--
DADAJHOW..............10/15/14......10/16/14......11/14/14......--/--/--
FRENCHICAN............10/17/14......10/24/14......--/--/14......--/--/--
HUONGKHIN.............10/17/14......10/--/14......11/14/14......--/--/--
TICOSAX...............10/20/14......10/22/14......11/13/14......--/--/--
RARASANTIAGO..........10/21/14......10/22/14......--/--/14......--/--/--
IAIA..................10/22/14......10/22/14......11/13/14......--/--/--
DEBORABR..............10/24/14......10/27/14......--/--/14......--/--/--
PGUPTA................10/27/14......10/28/14......--/--/14......--/--/--
KHWAIDEE1.............10/27/14......10/28/14......--/--/14......--/--/--


Vermont Service Center (11 applicants, 0 approved - 0%)

VJName..............Date of I-751...NOA1 Date....Biometrics.....Approved
CANTIK................10/08/14......10/14/14......11/12/14......--/--/--
WAITING_IN_SC.........10/13/14......10/17/14......--/--/14......--/--/--
STVM..................10/14/14......10/16/14......11/12/14......--/--/--
GRACENP2..............10/16/14......10/20/14......--/--/14......--/--/--
KATPEBBLES............10/18/14......10/--/14......--/--/14......--/--/--
TAKENN................10/18/14......10/21/14......--/--/14......--/--/--
THELASTPETITIONER.....10/20/14......10/24/14......--/--/14......--/--/--
ALECITA KING..........10/25/14......10/28/14......--/--/14......--/--/--
MYWORLD22.............10/26/14......10/--/14......--/--/14......--/--/--

AMAGUIRR..............10/29/14......10/--/14......--/--/14......--/--/--
YULICHKA..............10/30/14......--/--/14......--/--/14......--/--/--


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Date of I-751 = The Date you sent your application
NOA Date = The Receipt Date on your original NOA letter
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Im sorry but its unclear to me what exactly he and his family intends to fight in court

sara

We're not sure. Child custody, his right to visit, money that he took from their joint checking,...? Anyway, we don't care as long as the mother and her child are kept alone. They don't need his interference at this point in their life.

He's good with words (sales guy, business degree) and he will use it to break her and sale his story to others.

Thank you all! They lived together with our parents before he moved out few months back “for a job” few hours away. I flew there and helped her and my niece temporarily relocate to my place. It’s 3000 miles away so hopefully that will help her emotionally. She needs that in order to deal with this trouble. We'll wait for her to calm down and will start putting everything together.

I have few more questions:

-Can she file for divorce from a diffrent state (let's call it state A)? If that's not possible, can we hire a lawyer in state A to represent for her? She's not a very strong person. My family think it's best not to let her deal with it directly.

-Exclusion order. Child custody. We are not there in state A, so I think anyway we will need a lawyer to help us with all that. Anything else should be done?

-Can we go see an IO at a USCIS office in California instead of and office in state A?

-Can my husband represent her if he has his sister full power of attorney?

Please kindly help.

My sister in law is in a very difficult situation. She found out that her GC husband has another life, dating with different women before, during the time they were dating, and after they got married... the whole time, even during the time she was pregnant. She has all the evidences (chat scripts, photos, screenshot), even chat conversation with his lover which found out he was cheated on her as well. She will soon file for divorce. He was an F1 student. After he got his GC through AOS in the US, he kept making difference excuse to move away. He's totally using her to simply get his GC.

These are few quotes from his email to her:

“I am not going anywhere so don't worry I will be fighting this till the end with you in court.”

“We have nothing else to say but contest each other in court with our lawyers if this is what you want. This process can take as long as 6-9 months with legal fee can end up from $50,000 - $200,0000”

“If you foolish enough to do this than no matter how much it cost, my family will stand behind me to help me fight this battle with you against your unfair, unreasonable side of story. ”

The guy is on condition GC with 1 year left before he can renew his GC. He's going to his home country to see his girlfriend, or his next victim next week.

Besides talking to FDNS like what mentioned in this thread, is there anything else she could do?

http://www.visajourney.com/forums/topic/439326-reporting-fraud-to-uscis/

Da em BigHeadCrew day. Chị là .... ???

ttvn

Write an invitation letter, mention a clear reason for the trip (you have a good one right there) and you will be the sponsor for her entire trip. Once she receive the letter, she can apply for a visitor visa from the consulate in VN. The process is pretty simple and you can help her do it.

http://vietnam.usembassy.gov/niv-apply.html

Where are you in CA?

Are you the guy from voz?

They may.

When my sister and I came in with our parent, my mother is the primary applicant, the CO asked my sister and I to step up and interviewed us. We were on student visa so he only asked about school, life in the US,... but didn't even ask my parent a single question.

I was passing through that area without my green card once. Samething happened but they let me go because I have a valid DL.

or they had her claim what she brought in...my mom advise them what if she wanted to leave it for family or IF we ran out of money and we sold it (we were there for a month). the lady said don't claim anything...mom had to slip her about $90

Can't the old lady play Nintendo?

When they asked to check my boxes, I told them: chơi luôn, cho tui mượn cây kéo.

$50 door to door.

In Vn, her mother can go to Sở Tư Pháp to get another one. If Sở Tư Pháp can't do it, visit Ủy ban nhân dân where her birth's registered.