Sm1smom

I think you’ve misunderstood what you read from the link you provided. Yes, there’s an in-person interview waiver for certain categories of applicants who meet certain requirements (I will not bother to list those as it is well explained there already). However, those set of people still need to apply for the visa at an applicable embassy/consulate, they just will not need to go into the embassy/consulate in person for an interview - they mail in their passport and the visa gets issued without their having to attend an interview. That is what the interview waiver is about. In your specific case however as a Canadian if you are outside the US when the I-129 gets approved, (I did not note that fact earlier in any of my previous responses), you do not apply for a visa from an embassy following the I-129 approval. You basically present yourself at any POE with the approved I-129 and seek for admission on O1 status because in most circumstances, Canadians citizens do not require visitor, business, transit or other visas to enter the US either from Canada or from any other countries (with the exception of a few visa categories of course). The need to have an approved AP prior to traveling out of the US with a pending I-485 application while on O1 status is what makes it a limited dual intent visa/status compared to a H-1B or L visa/status which do not require an approved AP prior to traveling out of the US with a pending I-485. Returning to the US with AP card automatically switches you over from O1 to a parolee, and if for some reason the I-485 application gets denied, you no longer have a valid status to fall back on in that case also makes it a limited dual intent visa/status. It is typically recommended for folks on O1 a status to not undertake a foreign trip outside the US when they have an AOS application pending.

Your employer receives the notice of decision which they send to you. If the I-129 is approved, you will then use the notice of decision to apply for the relevant O-1 visa at an applicable embassy or consulate outside the US. You cannot apply for a visa from within the US. The visa is the document authorizing your admission into the US in whichever status is applicable to the visa you present at the POE. p.s. O1 visa is a limited dual intent visa by the way.

Adjustment of status (AOS) is the process used in applying for a lawful permanent resident status from a temporary non-immigrant status. Change of status (COS) on the other hand is the process of changing from one temporary non-immigrant status to another temporary non-immigrant status. Since both the B2 and O1 are temporary non-immigrant status, moving from one to the other is therefore a change of status (COS).

No! OP absolutely cannot adjust status from B2 to O1. They however may apply to change status from B2 to O1 as described above. Major difference between adjustment of status and change of status.

What happens after the tests/evaluation in that case? She starts the treatment and you leave the US with her without completing the recommendation line of treatment? In your initial post, you indicated you wanted to bring her in for treatment. And now it seems like you’re saying you’re bringing her in for evaluation/getting a second opinion. Considering the treatment itself will be well beyond the duration of a visitor’s authorized stay, I highly doubt a B1/B2 visa will be approved for you. However I could be wrong, only one way to find out. Attend the interview as scheduled and do keep us posted.

Will your daughter’s treatment be completed in less than two months if you’re planning on staying for less than 2 months?

In addition to Susie’s spot on response, 9FAM also clearly states a CO can request an I-134 in adjudicating a DV case: (U) Use of Form I-134, Affidavit of Support: (a) (U) Because INA 212(a)(4)(C) and INA 213A require the use of Form I-864 for so many classes of immigrants, the use of Form I-134 has been reduced considerably. Nevertheless, there still are circumstances when Form I-134 will be beneficial. This affidavit, submitted by the applicant at your request, is not legally binding on the sponsor and should not be accorded the same weight as Form I-864. Form I-134 should be given consideration as one form of evidence, however, in conjunction with the other forms of evidence mentioned below. (b) (U) If any of the following applicants need an Affidavit of Support to meet the public charge requirement, they must use Form I-134, as they are not authorized to use Form I-864: (i) (U) Returning resident aliens (SBs); (ii) (U) Diversity visa applicants (DVs); and (iii) (U) Fiancé(e)s (K-1s or K-3s). https://fam.state.gov/fam/09fam/09fam030208.html