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Nancy2015 Proficient

Nancy2015   2

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Filed: Citizen (apr) Country: Russia
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i know this is definately not a recommended process,but i feel certain it has been done.if anyone has had any knowledge or experience with this,please share with me.i have a feeling its an attorney issue,but ill ask anyway.thanks for any input.oh by the way its my stepdaughter and she has been here and returned to her country with this tourist visa.

AOS from a tourist visa is possible, and one might even do it without an attorney, if it's clear that the change of intent occured after the applicant's entry to the US.

However, I don't understand. You can't petition for your stepdaughter, cause she's over 21. Her mother can petition for her as soon as she has a green card, but the daughter will have to wait for a visa number - it takes a few years. Employment sponsorship is definitely not an option - she has to try to obtain an H1-B visa first. So, I do not see how AOS can be possible. In order to file AOS from a non-immigrant visa, one has to be an immediate relative of a US citizen. Unfortunately, your stepdaughter is not in that category.

A K-1 visa might be an option for her, but to do that she needs to meet a US citizen, they should fall in love and decide to get married. It's not that easy.

You say she is smart and educated - in this case, she may have a good shot an an H1-B visa. And of course, if she remains unmarried, her mother can file I-130 for her as soon as she has her green card.

Good luck! :)

Edited by Jewel12

Filed AOS from F-1
Green Card approved on 01/04/07
Conditions removed 01/29/09

Citizenship Oath 08/23/12

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