AOS with travelling dependents

[iBillz 1]

Hello,

I am currently eligible for AOS however my daughter who is apart of my application is travelling abroad for school starting January. I have another son who is here on F1 visa and Him and I both would like to do AOS so that we can get EAD. Is it possible that I file for AOS for my son and I now and do the remaining 3 children consular? Or if this is not possible is there a way that she can be abroad while the AOS is in process without us abandoning the petition? Our AOS date has become current (due to recent changes) but the actual cut off date is showing only January 08 and our priority date is March 09. Please help, thank you in advanced.

[newacct 688]

It's possible. You and your son would do AOS, and the other children would "follow to join" and do consular processing after your AOS is approved. For follow-to-join, you would file I-824, either with your I-485, or after it's approved. In any case, they will wait until after the AOS is approved before starting the consular process for the others.

[iBillz 1]

It's possible. You and your son would do AOS, and the other children would "follow to join" and do consular processing after your AOS is approved. For follow-to-join, you would file I-824, either with your I-485, or after it's approved. In any case, they will wait until after the AOS is approved before starting the consular process for the others.

For follow to join I read that it does not apply if you are an LPR because you were sponsored by an immediate relative of a U.S. Citizen? This is our case my mother sponsored us. Can we still file I-824?

[newacct 688]

For follow to join I read that it does not apply if you are an LPR because you were sponsored by an immediate relative of a U.S. Citizen? This is our case my mother sponsored us. Can we still file I-824?

If you are over 21 or married, then you are not an Immediate Relative. (Plus you talk about "cut off dates"; those can only exist for non-Immediate Relative categories.) (If you were an Immediate Relative, then you cannot have derivative beneficaries anyway, no matter how you do it.)

[iBillz 1]

If you are over 21 or married, then you are not an Immediate Relative. (Plus you talk about "cut off dates"; those can only exist for non-Immediate Relative categories.) (If you were an Immediate Relative, then you cannot have derivative beneficaries anyway, no matter how you do it.)

Oh I understand. I am in the F1 category I didn't realize that because I am above 21 I am not an "immediate relative" ok so can we do this even if my other 2 children will be with me in the U.S.? So my one son will get AOS along with me, my two minors (under 14) will stay here and my eldest daughter will be studying abroad. Should I file the I-824 for the rest of them after we get the AOS accepted? Or when should I file I-824

EDIT: due to double post

Edited October 22, 2015 by iBillz

[newacct 688]

Oh I understand. I am in the F1 category I didn't realize that because I am above 21 I am not an "immediate relative" ok so can we do this even if my other 2 children will be with me in the U.S.? So my one son will get AOS along with me, my two minors (under 14) will stay here and my eldest daughter will be studying abroad. Should I file the I-824 for the rest of them after we get the AOS accepted? Or when should I file I-824

EDIT: due to double post

I am not very familiar with follow-to-join but from reading some posts online it seems that people mostly file I-824 either together with I-485, or when I-485 is approved.

[NigeriaorBust 4,087]

What are the ages of all your children ?

[iBillz 1]

What are the ages of all your children ?

Daughter just turned 21, son is 19, two others are 13 and 6. Will the eldest be able to do follow to join? She is 21 however because of CSPA, will her age be protected?

[Pitaya 2,577]

~Moved from Fam.-based AOS to WStudentT-based AOS Forum~

~Adjusting from Student visa~

[Jojo92122 1,924]

Daughter just turned 21, son is 19, two others are 13 and 6. Will the eldest be able to do follow to join? She is 21 however because of CSPA, will her age be protected?

What is your basis for AOS?