TN and TDs filing for AOS together.. help?

[lyssa 0]

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.

[Harpa Timsah 13,258]

If I understand your story correctly, TD visas are for minor children of TN visa holders. If you are still a minor, then your mother's husband will have to do separate I-130/I-485 packages for the three of you. The I-130 establishes a familiar relationship, and the I-485 processes the Greencard. I believe a petition for someone under 14 is cheaper, so keep that in mind. If you are not minors, then it's a different story. Good luck.

Edited April 1, 2011 by Harpa Timsah

[YuAndDan 153]

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.

Edited April 1, 2011 by YuAndDan

[lyssa 0]

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.

[YuAndDan 153]

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.

If have been here 11 years then parent's marriage should have been before you turned 18, have your step parent provide an I-130 now and file to adjust status before turning 21, you qualify to adjust status based on age at time of marriage, filing now will set your age as below 21 even if turning 21 while waiting on adjustment of status. If you turn 21 before filing the application/petition, then you will not be able to adjust status, based on petition filed by step parent.

[Harpa Timsah 13,258]

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.

[lyssa 0]

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.

[lyssa 0]

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?

[YuAndDan 153]

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?

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.

[lyssa 0]

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.

[YuAndDan 153]

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.

If you stayed in the USA you would start racking up out of status time. Best to leave, and then return using a student visa.