Prior to applying for AOS for K-2 daughter wants to return

[SVFD631 0]

Hi All!

We were just in the process of filing out the AOS documents for my daughter who will be 21 in August (and came on a K-2 Visa) and she is unsure whether or not she wants to stay. She is very unhappy here and wants to know what would happen if we applied at a later date. The problem is if she stays, and we apply for Advance Parole, she wants to go back and work for 3 to 6 months for good money in Canada - can she do that on an Advanced Parole????? If not, and if we apply after she is 21, does she stay in Canada until she gets her Green Card or would she have to come back for the filing of the documents and wait it out?? I hope this all makes sense and I hope someone can give us some guidance or advice.

Thank you in advance.

[kc456 0]

If she does not want to apply for AOS and she will be over 21 soon, she may have to wait a long time (in Canada) for a visa number to become available. I would check the forum Bringing Family Members of Permanent Residents to America, and look up some of the old threads.

Also, USCIS info: http://travel.state.gov/visa/frvi/bulletin...letin_2771.html

If I'm reading this right, she would be category 2B (unmarried children of US LPR), with priority date of 1996 (10 yr wait). Even if you were a citizen in a few years, it's still 5 yr wait for 1st preference.

In short, I'd research this in detail, before making a decision.

Edited January 31, 2006 by kc456

[zyggy 9]

If she does not want to apply for AOS and she will be over 21 soon, she may have to wait a long time (in Canada) for a visa number to become available. I would check the forum Bringing Family Members of Permanent Residents to America, and look up some of the old threads.

Also, USCIS info: http://travel.state.gov/visa/frvi/bulletin...letin_2771.html

If I'm reading this right, she would be category 2B (unmarried children of US LPR), with priority date of 1996 (10 yr wait). Even if you were a citizen in a few years, it's still 5 yr wait for 1st preference.

In short, I'd research this in detail, before making a decision.

In short, your daughter needs to make a choice... she can either have a life in the US or a life in Canada for the next few years. She can't have both.

If I were making the choice, I would do anything to be able to get dual citizenship. But that's me. If she leaves, she'll have to get in line to wait for an immigrant visa number... right now that's 10 years out.

[Kajikit 65]

Tell your daughter that this is a once-in-a-lifetime opportunity. If she can stick it out in the US for five years she'll be able to get dual citizenship and then she can go back and forth whenever she likes... if she leaves now she'll be too old to get status from you and there's no easy way back in. I know she'd have it a bit easier being Canadian and allowed to spend six months in the US visiting in a year instead of 90 days, but it's not the same...

My advice is DO AOS NOW!

[SVFD631 0]

Thanks to everyone for there replies. I guess I will just have to let her know the consequences of not getting it now and hopefully she makes the right decision.

Thanks again.