AOS in two different places

[visacheck 3]

I am posting for a relative. Any help will be appreciated.

My cousin and her wife entered the US 8 years ago using B1/B2 leaving behind their 5 year old daughter who is now 13 years old. Now they have an F3 petition approved and their priority date is now current which makes them eligible to file for AOS. The thing is, their daughter is in the philippines. when my cousin called NVC they were told that it is not possible to have the AOS interview when the beneficiaries are in two different places. Its either my cousin and her wife goes back to the philippines (an expensive and risky option) or the daughter comes here in the USA (a cheaper but harder option).

Are there any other alternatives or solutions to this issue? has anyone been in the same situation?

ps.

I just got back from a 1 month vacation in the philippines. i breezed thru immigration at LAX, no questions asked. thanks to my greencard.

[Otto 83]

Can not adjust status from outside the US - somehow there is some confusion here.

The whole AOS means a person is in the US one some sort of visa and is adjusting from this visa-status to that of a permanent resident. (Can't go from "A" to "C" without passing "B". "B" in this case would be enter the US I suppose.)

Edited September 1, 2009 by Otto und Karin

[payxibka 10,045]

I am posting for a relative. Any help will be appreciated.

My cousin and her wife entered the US 8 years ago using B1/B2 leaving behind their 5 year old daughter who is now 13 years old. Now they have an F3 petition approved and their priority date is now current which makes them eligible to file for AOS. The thing is, their daughter is in the philippines. when my cousin called NVC they were told that it is not possible to have the AOS interview when the beneficiaries are in two different places. Its either my cousin and her wife goes back to the philippines (an expensive and risky option) or the daughter comes here in the USA (a cheaper but harder option).

Are there any other alternatives or solutions to this issue? has anyone been in the same situation?

ps.

I just got back from a 1 month vacation in the philippines. i breezed thru immigration at LAX, no questions asked. thanks to my greencard.

Your post really needs some clarification because you are using terminology that does not fit.

The daughter is not eligible for adjustment of status since she is NOT here and has no STATUS to adjust from/to... an F3 petition potentially makes her VISA eligible....

How did your cousin/wife enter on a B1/2 and are still here? Did they somehow get residency status or citizenship? How was that done?

[visacheck 3]

thank you for your quick replies. i apologize if my post is confusing as i am not really that familiar with their case.

my cousin and his wife entered the US using B1/B2 and overstayed since I-94 expired.

Brief background:

In 1991, the wife of my cousin (girlfriend at that time) had an F1 petition (unmarried daughter of US citizen). the petition was approved that same year but for some reason she was not able to go to the US because of age issues. In 1995 they got married and had a daughter. In 2000 my cousin and his wife got a B1/B2 visa. They entered the US and left their daughter in the philippines. In 2006 they informed NVC that they will upgrade from F1 to F3 category. they have a letter from NVC saying that the benefieciary is now the wife, my cousin and their daughter.

Will the approval of the original petition in 1991 still be applicable to them under the F3 category? the priority date is now current. if the approval of petition in 1991 stands, can my cousin and his wife file for AOS? what happens to their daughter in the philippines? is she included in the approved petition? or they need to file for a separate petition when they get their greencard?

[visacheck 3]

anyone?