Daughter visiting US citizen mom in the US, lost job back home and would like to stay (merged)

[edsperfect 25]

My wife, a US citizen filed a 130 for her daughter back in 2012. By now she should have had here interview in Moscow Russia except for the pandemic closed everything down there along with trump helping and of course now the dispute between us and russia has closed everything again. She has been here at least a dozen time so she used her tourist visa last week to come to see her mom and so mom could see the grandaughter. Now today she gets an email from her boss and some of the workers that her and everyone in the company is fired. With her job came an apartment, salary, car and nannie.

 

Now she has no job, no car, no apartment to return to with her child. Really screwed. Would she be in a possition to file for a change of status since she has nowhere to go back in russia and should already have been here except for the pabdermic and trump?

[Timona 4,207]

No. You cannot AOS for her.

1. How old is she?
2. Is she married?

[edsperfect 25]

13 minutes ago, Timona said:

No. You cannot AOS for her.

1. How old is she?
2. Is she married?

she is 39 and divoced

[Timona 4,207]

You cannot AOS for her.

Her best bet is to go back to Russia before she accumulates unlawful stay and wait for embassy call.

Since she's 39 years old, she was 30 years old when the mom petitioned. Was she married in 2012? If so, when did she divorce and did you inform embassy?

[Boiler 45,525]

If her PD is current and she is in status she can AOS

[SusieQQQ 11,586]

7 minutes ago, Boiler said:

If her PD is current and she is in status she can AOS

This

And I presume by “if not for yada yada she would be here already” means her PD is current 

 

With the caveat that applying AOS a week after arriving is going to look a little suspicious. Does she have a 6 month stay authorized? Is her child named as a derivative on the petition and with her?

 

 

Edited June 22, 2021 by SusieQQQ

[Timona 4,207]

5 minutes ago, Boiler said:

If her PD is current and she is in status she can AOS

 

Then I stand corrected. Thanks

 

[Timona 4,207]

6 minutes ago, SusieQQQ said:

This

I presume by “if not for yada yada she would be here already” means her PD is current 

 

With the caveat that applying AOS a week after arriving is going to look a little suspicious 

 

 

 

1. I really do not think it is current. Or am I reading the bulletin for June 2021 wrong?
2. And we still do not know if she was married/ divorced in 2012 to see if she fell on F2B of F3. Or does this not matter? OR
3. Even if the mom was a USC in 2012...

 

I must admit I do not know a lot about these Bulletins. So I may be wrong with my assumptions/ my thinking. 

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-june-2021.html

 

Edited June 22, 2021 by Timona

[SusieQQQ 11,586]

9 minutes ago, Timona said:

 

1. I really do not think it is current. Or am I reading the bulletin for June 2021 wrong?
2. And we still do not know if she was married/ divorced in 2012 to see if she fell on F2B of F3. Or does this not matter?

 

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2021/visa-bulletin-for-june-2021.html

 

It doesn’t matter what she was then, it matters what she is now.  If she is single or divorced, the she is F1 (NOT F2B - parent is a USC) and is current. (If she is married then she is F3 and not current, but a spouse has not been mentioned anywhere.) Not sure what you are reading but F1 in June is current for priority dates before 1 Nov 2014, OP says the petition was filed 2012.

 

FYI the only time what she was before would matter would be if she had a F2 petition (child/son/daughter of LPR was filed) and she got married before parent became a USC. Other than that situation, when the petition is voided, there is just a move between either F2B and F1 (if parent becomes citizen) or F1 and F3 (depending on change in marital status) retaining original priority date.

Edited June 22, 2021 by SusieQQQ

[Timona 4,207]

22 minutes ago, SusieQQQ said:

It doesn’t matter what she was then, it matters what she is now.  If she is single or divorced, the she is F1 (NOT F2B - parent is a USC) and is current. (If she is married then she is F3 and not current, but a spouse has not been mentioned anywhere.) Not sure what you are reading but F1 in June is current for priority dates before 1 Nov 2014, OP says the petition was filed 2012.

 

FYI the only time what she was before would matter would be if she had a F2 petition (child/son/daughter of LPR was filed) and she got married before parent became a USC. Other than that situation, when the petition is voided, there is just a move between either F2B and F1 (if parent becomes citizen) or F1 and F3 (depending on change in marital status) retaining original priority date.

 

Understood.

 

 

Edited June 22, 2021 by Timona

[Timona 4,207]

@edsperfect follow what @Boiler & @SusieQQQ advised. I was wrong. I apologize. From what I gather, if her PD is current (which she is), she can adjust but has to be in status. Good luck with her journey 🤝

[edsperfect 25]

1 hour ago, Boiler said:

If her PD is current and she is in status she can AOS

what is a PD

[Lil bear 4,219]

Just now, edsperfect said:

what is a PD

Priority date 

[SalishSea 17,836]

2 hours ago, edsperfect said:

My wife, a US citizen filed a 130 for her daughter back in 2012. By now she should have had here interview in Moscow Russia except for the pandemic closed everything down there along with trump helping and of course now the dispute between us and russia has closed everything again. She has been here at least a dozen time so she used her tourist visa last week to come to see her mom and so mom could see the grandaughter. Now today she gets an email from her boss and some of the workers that her and everyone in the company is fired. With her job came an apartment, salary, car and nannie.

 

Now she has no job, no car, no apartment to return to with her child. Really screwed. Would she be in a possition to file for a change of status since she has nowhere to go back in russia and should already have been here except for the pabdermic and trump?

Did she just so happen to bring all of her and her child’s personal belongings on ‘vacation’?    
 

She doesn’t even have to go back to clean out the apartment and tie up loose ends, obtain her child’s school records etc?   What about the other parent?

Edited June 22, 2021 by Jorgedig

[SusieQQQ 11,586]

40 minutes ago, edsperfect said:

what is a PD

Priority date - the date the petition was accepted by uscis. It should be listed on the receipt notice and all related notices you have received from uscis regarding the case.