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

[SusieQQQ 11,586]

1 minute ago, Jorgedig said:

Did she just so happen to being 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?

The thought did cross my mind, however given the situation with the Moscow embassy I am inclined to have some sympathy here. (Yes, this is actually SusieQ not an imposter typing)

[edsperfect 25]

1 hour ago, Timona said:

 

Understood.

 

 

SHE WAS DIVORCED BEFORE WE FILED FOR HER AND THE CHILD IS ALSO INCLUDED. Her PD date is jan 2012 and the charts say she is eligigable. In fact we have gotten seversal letters from govt saytuing all paper work is completed and the only thing left is the interview. As soon as the embassy gives them a date the immigration people will send the file to moscow

[SusieQQQ 11,586]

23 minutes ago, edsperfect said:

SHE WAS DIVORCED BEFORE WE FILED FOR HER AND THE CHILD IS ALSO INCLUDED. Her PD date is jan 2012 and the charts say she is eligigable. In fact we have gotten seversal letters from govt saytuing all paper work is completed and the only thing left is the interview. As soon as the embassy gives them a date the immigration people will send the file to moscow

How old is the child btw? If under 18 may need some sort of parental consent

[edsperfect 25]

2 hours ago, SusieQQQ said:

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.

oh ok.

 

Actually she sent a friend over to the apt to pick up some records she might need. get the childs toys and clothing give it away along with hers. not worth the money it would cost to fly over and back

[Timona 4,207]

3 hours ago, edsperfect said:

SHE WAS DIVORCED BEFORE WE FILED FOR HER AND THE CHILD IS ALSO INCLUDED. Her PD date is jan 2012 and the charts say she is eligigable. In fact we have gotten seversal letters from govt saytuing all paper work is completed and the only thing left is the interview. As soon as the embassy gives them a date the immigration people will send the file to moscow

 

Yes. I was wrong. I already apologized and referred you to the correct procedure which was posted by others. 

[igoyougoduke 1,656]

22 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?

Yes she can file AOS if her priority date is current . as of now F1 category has a date of 

15NOV14 which means if her i-130 was filed before 15NOV2014 than she can file adjustment of status which on approval will grant her green card.

 

 

[edsperfect 25]

On 6/23/2021 at 1:42 PM, igoyougoduke said:

Yes she can file AOS if her priority date is current . as of now F1 category has a date of 

15NOV14 which means if her i-130 was filed before 15NOV2014 than she can file adjustment of status which on approval will grant her green card.

 

 

thank you everyone for yourvhelp

[edsperfect 25]

First i thank everyone for the information supplied. So I downloaded the AOS form and instructions. Now we filed a 130 for her in 2012 and supplied all the information that they seem to require again for the AOS form. Do we have to file all that documentation again about birth certificates, divorce papers, places worked etc? Or will the info in the 130 AND all the other forms we filed be enough?

[JourneyFromA2 85]

23 hours ago, edsperfect said:

thank you everyone for yourvhelp

best of luck to your daughter!

[Ontarkie 14,227]

~~Related question merged. Please keep related questions to this thread. Also moving this thread to the AOS from WOrk, Student and Tourist Visas as this is an AOS process now.~~

[VisaDonnie 54]

On 6/22/2021 at 3:30 PM, 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?

Maybe its just me but I am confused by this post. First Trump has nothing to do with the Pandemic so lets leave politics out of this.

 

How can an I-130 filed back in 2012 still be valid? Even the AOS medical exam is only good for 6 months and I would think you would need to get the Biometrics done again before you even get to an interview. Is she here in the USA? How was she visiting on a B1/B2 Visa? How long was she given to stay here? There are so many angles to this.

[Boiler 45,525]

Her PD is current

 

She is in here in status on a B.

[healthteacher 18]

They Can AOS if PD is current and they are 'in status'. What exactly is in status?

Does it just mean here legally? Does that apply for being here with a VWP or ESTA or tourist visa as well ?

[Boiler 45,525]

When you enter you are given a date you have to leave by, 90 days in the case of VWP. Stay longer and you are out of status.

[edsperfect 25]

2 hours ago, Boiler said:

When you enter you are given a date you have to leave by, 90 days in the case of VWP. Stay longer and you are out of status.

i think with a b2 you have 6 months