Redro

Issue the GREEN CARD not the visa for AOS

Process for AOS and Immigrant Visa are different… For AOS: medical is valid for 2 years (think about that… they believe it could take up to 2 years to issue the visa). Contrast this with the medical for IV (only valid for 6 months)- you have 6 months to enter the country from date of medical. Many members who undergo AP after interview have to complete the medical again if it expires…

I’ll reword… as you are Canadian you will more than likely be allowed the MAX amount of time permitted… That could be around 6 months. But, it sounds like you want to go to the US to live with your partner. Not because you want to go on vacation or for business. The longer you choose to stay the higher the risk of CBP questioning your intentions and not allowing you to enter. Now, I’ll say - I’ve always been stamped in for 6 months (or thereabouts) if I arrived June 29 I was allowed to stay until December 29 (183 days). if I arrived March 14- I was allowed to stay until September 14 (184 days). It didn’t matter if I was planning on being in the US for 10 days or 30… I would personally not book a trip of more than a month (I stated this before)- but if you decide to EXTEND your trip (after arriving) you are more than welcome to… You know your long trip is going to raise flags… Why are you looking to book a trip with the MAX allowed time (taking into account your previous entries) if that could lead CBP to deny entry?

Unless you cannot afford 3-6 months of living on one salary I would continue with the adjustment. If financially it is not feasible go the consular route. I’ve heard some people have their ESTA canceled once they receive the interview date for K1 or CR1 but if that hasn’t happened to you yet you should be good to travel while the CR1 is processing. Additionally, if you are questioned by CBP they will see you decided not to pursue the K1 and you can explain it was because you didn’t want to adjust and deal with the period of no work. Where do you plan to settle? You might have a better understanding of timelines if you check your city/town.

So, you should get the standard 6 months regardless of how long you plan to stay in the US. I haven’t heard mention of many Canadians being refused entry and luckily you will encounter CBP before you board your flight so if any issues arise you won’t be turned around and out on the next flight home. No one can tell you how much time you’re “allowed” or how much time you’ve already used… CBP is capricious as individuals are using their own personal judgment to decide if you are abusing your ability to travel so freely to the US. Good luck! I would book time for the amount of time you have available to you and bring documentation showing both you and your daughter will be returning to Canada. Side question: is your daughter enrolled in school (will you be traveling while she is on vacation) or is she not of school age yet? Has your daughter traveled with you before or is this the first time she will be visiting your fiancé with you?

Are you going to be crossing a land border or flying to the US?

Your daughter and you need to figure out your priorities: GC and live in the US or school in England this Fall. The issue with adjustment is that there is no set time table and as you’ve seen no rhyme or reason to when a GC will be issued. I would do as @Verrou suggests delay going to school this Fall and start in the next semester or next year. this will give you some breathing room in case the GC does not arrive in time. then once your daughter has her GC she can file the I131 so she can leave the US for up to 2 years without abandoning her GC. Unfortunately the only way to “save” this adjustment application is if she already has advanced parole and is allowed to leave. if she does not have AP her AOS will be deemed abandoned… and you’ll have to figure out next steps if she receives a denial notice.

I would expect to be questioned or taken into secondary on the next visit… especially if you’ve been questioned before: This person with a similar-ish travel history was questioned in the third visit even though 2 trips were only 2 weeks and warned about frequent trips…

Show how you can 1.) Afford the trip 2.) Explain why you can miss so much time off work - so probably bring a letter from your work place explaining or a contract. 3.) show other ties to your home country Is the May - August trip: May 1 - August 31 or May 31- August 1 or are you trying to maximize the stay without being turned away? Personally I would book a trip of similar length to the first May trip as this indicates consistency/ you’re taking a trip during a regular holiday season…

Yep. reciprocal agreement for Canada, South Korea, France, Germany, or China.

Which country are you from? You might not need to take one if you are from a certain country and you already have a DL. Otherwise google “get a drivers license in “name of your town/city/county” and follow instructions

I129F is only for spouses or fiancé not stepsons…

Price of adjustment increases April 1. And you will have to pay a separate fee for work authorization and advanced parole.

join the RUB forum for any potential issues or benefits with choosing the 3rd country. But, you still need to get to the consulate phase and that is many many years away… I would concentrate on DV lottery or EB waiver ideas.

Where is your sister from, where does your sister live and where is her husband from? Has he also been entering the DV lottery?

Are the kids interested in moving to the US? If either kid is interested in studying in the US, that’s another avenue… have kids study in the US… Maybe if they like it they can stay pursue a GC through employment and once citizens they can sponsor mom and dad. Otherwise mom should keep on playing the lottery and maybe maximize her finances and apply for entrepreneur GC.

You’ll probably have your K1 and be in the US before the end of the year… I wouldn’t worry about ESTA.

Expedites sometimes work differently. I know for some consulates if you expedite the case the embassy does not schedule the interview but instead they request you choose the interview time (which can bring a lot of pressure as interview dates are not always available). This is a thread that mentions a successful expedite request for Egypt…

You can try. Send in documentation of the need for surgery and the issues your son has… No one can tell you if it will be approved but it is free to apply. I would also like to warn you that even if the expedite is approved the issuance isn’t going to be quick just quicker… Good luck and tell us how it works out.

Some have been approved after just ONE visit. But approval of the I129F and approval of the visa are two different things. Your I129F petition might be approved but they might not issue a visa if the process takes 2+ years and do not meet while waiting. You can file now but I would plan to visit in the future.

i130 takes about 12 months to be approved. don’t pay attention to the “estimated processing time”

I would go online and see about buying her preferred brand of pillow from a Vietnamese retailer. I buy some South African home goods from a South African online store and some Korean home goods from Korean online stores…

Similar things have happened in the past with previous posters. I believe one poster received an RFE for a English translation for their birth certificate but their birth certificate was in English… you will have to appeal the decision as it is USCIS error.

Filing threshold for MFS (married filing separately) is $5 and that includes any money or interest earned outside the US. Are you sure you didn’t have to file US taxes? Even if you were single and living overseas it is good practice to file taxes especially if you have a job.

31% of cases haven’t been processed not 5%. You haven’t been overlooked for any particular reason… and even if you had… how do you know for sure? Just go with the timeline you have. Unfortunately that’s what everyone has had to do… and I would try to focus on the positive. you still have time in your country, You still have the flexibility to travel to your partner or travel to other places. You’ve probably realized from your partner’s experience being able to travel internationally is not going to be as easy once you move stateside so try to focus on the now and the life you have because moving to the US will be different. My husband and I had no idea when I would receive my visa but we decided to just embrace the time before the big move to appreciate the life we were living. Now I’m in the states I haven’t had more than 4 days off in a row and I’ve been here for 1.5 years.