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Delimma, with F1/F2 visas doing CP

W

wwwh355

Registered Users (C)
HI everyone.
I need some suggestions.
I, a primary applicant, am currently doing PHD in USA under F1 visa.
My wife came with me under F2 visa.
Her due day of baby is in May.
Our interview data is set in the middle of APR.
She can not take airplane because of having a baby.
=====
I plan to go back myself on the interview date and of course postpone hers to July( I will contact embassy about this b4 my interview of course).
=====
Is there any safer way to do this?
=====
I asked embassy, they said if we both postpone out interview, out potential visa numbers will be taken by next applicants.
They will request visa numbers on 1st day of every months.
Meaning, if we postpone both of our interview to July, they first will try to locate visa numbers on JUL 1st, and than they will give us an interview date in july if they got 2 visa numbers for us. It is possible that there are no more visa numbers available.
=====
If I go as I planned, my F1 visa will be canceled b4 my interview, which means my wife's F2 will be canceled too.
Meaning, my wife will stay in US without VISA.
I wonder if I will be attacked by this situation during the interview.
=====
Doing AOS might be another options also, however I am not confident about their ability of making things fast enough (eg. finished b4 Sep 30th)
 
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wwwh355 said:
HI everyone.
I need some suggestions.
I, a primary applicant, am currently doing PHD in USA under F1 visa.
My wife came with me under F2 visa.
Her due day of baby is in May.
Our interview data is set in the middle of APR.
She can not take airplane because of having a baby.
=====
I plan to go back myself on the interview date and of course postpone hers to July( I will contact embassy about this b4 my interview of course).
=====
Is there any safer way to do this?
=====
I asked embassy, they said if we both postpone out interview, out potential visa numbers will be taken by next applicants.
They will request visa numbers on 1st day of every months.
Meaning, if we postpone both of our interview to July, they first will try to locate visa numbers on JUL 1st, and than they will give us an interview date in july if they got 2 visa numbers for us. It is possible that there are no more visa numbers available.
=====
If I go as I planned, my F1 visa will be canceled b4 my interview, which means my wife's F2 will be canceled too.
Meaning, my wife will stay in US without VISA.
I wonder if I will be attacked by this situation during the interview.
=====
Doing AOS might be another options also, however I am not confident about their ability of making things fast enough (eg. finished b4 Sep 30th)
Click to expand...

Hi wwwh,

I am in a same situation F1 PhD in the states. I have no wife so it is a little easier but I need a J1 waiver which is just as hard. Your case is pretty complex.

If your number becomes current in April you should have enough time to do AOS through USCIS. It is not too late to switch from consular processing to AIS. See this thread
http://forums.immigration.com/showpost.php?p=2021986&postcount=1420

In your case I recommend:

1) Get a good immigration lawyer. It should not cost more than $1000 -2000.
2) On April 1 2009 file your documents with USCIS via AOS and you can go for interviews here in America. See this http://forums.immigration.com/showthread.php?p=1966921#post1966921
3) Cross your fingers and good luck with the baby.
 
HI ivanmladek:
Thanks for your suggestion.
I think I will at least consult with a lawyer b4 I make decisions.
I booked the flight already tho LOL.
However, if my wife's GC is not considered important.
Is it better I just go and get mine first, in your opinion?
 
wwwh355 said:
HI ivanmladek:
Thanks for your suggestion.
I think I will at least consult with a lawyer b4 I make decisions.
I booked the flight already tho LOL.
However, if my wife's GC is not considered important.
Is it better I just go and get mine first, in your opinion?
Click to expand...

Hi www,

Your case is really complex and if your wife does not get her green card via the diversity visa lottery then to get it through family preference takes years. I am not furthermore sure what would happen to her F2 visa. Be VERY careful and consult a lawyer before you fly home. Send me a private message if you want my lawyer from Virginia, they are very good. Once again, don't fly anywhere until you talked to a lawyer.
 
Thank you, I just checked with the school's ISSO.
They refer me to school's immigration attorney.
ISSO said once I made my POE, my wife's F2 will be canceled at that time ( which is not good)
However, the bottom line is, at least one of us must get GC, this is better than having AOS and get nothing (which is less likely but possible).

BTW, I asked some other attorneys, they said AOS will take 6 months.
We are right at the boundary....sign.

Anyway, I will meet immigration attorney of my school tomorrow (Free of charge)
Thank you ivanmladek again. I will PM you if I need more help.
 
AOS vs CP

This is a very hard personal decision to make, I personally I'm on F1 and cannot still make my mind whether to proceed with AOS or CP.
I've been doing extensive research a bout these things to a point where I'm seriously thinking of changing my major to Law (immigration).
According to my knowledgeable attorney and what I've been reading in this forum and elsewhere:

There are several significant disadvantages to applying for AOS. First, there is the delay involved in AOS processing.
A second disadvantage is the discretionary decision making authority of USCIS officers. Where one officer may see nothing, another may see preconceived intent or presumed fraud. In such case, the officer has the discretionary authority to deny the adjustment of status application. This is very similar to the authority of consular officers deciding nonimmigrant visas (consular officers do not have similar authority when they decide immigrant visas).
A third and final disadvantage to AOS processing involves the legal grounds for denying an application. Anything that would result in a denial of an application for an immigrant visa at a consular post abroad automatically requires a denial of an application for AOS in the United States. In addition, there are several independent grounds that require the denial of an AOS application, but not the denial of a consular immigrant visa application.

One of the greatest and most persistent myths about AOS processing is the belief that if an AOS application is denied, the applicant can easily return to non-immigrant status and go on as if the AOS application had never been made. This is simply not true. If a person is denied AOS because of serious personal misconduct, they may well be taken into custody immediately and held until they can be physically removed. Even when this is not the case, and a denied applicant is not taken into custody, he or she must leave the United States within a very short period of time and will find it extremely difficult to ever return. It is the extremely rare case in which a denied AOS applicant is allowed to remain in the U.S. or easily re-enter.
Wish you Luck buddy.
 
If u're number is current in April, I would suggest that you go ahead and do AOS as you have plenty of time. USCIS has been very good lately in getting DV I-485 applications adjusted on time.
Don't risk going overseas without ur family. As soon as ur F-1 visa is cancelled, ur wife would be an illegal immigrant in the US and that can affect her immigrant visa application if she decides to go back to the US embassy in ur country for the interview.
If you are current in April or May, E-mail and also write Kenturky Folks(the guys that let u know that u've won the lottery, cant remember the name) about your intent to change to AOS. And at thesame time, u should be sending ur dv fees to the Pennsylvania office (It was $345 last yr/person i think) immediately.
I would also suggest that u file your 1-485 with USCIS at thesame time and then present the receipt from KCC that you paid for the visa fee at the USCIS interview.
Ur case is not as bad as you think thou. U absolutely do not need a lawyer unless you want to spend some extra money. I will call KCC first thing monday morning just to make sure that ur file has not yet been sent to the US embassy in ur home Country. if its not been yet, then u are one lucky man. PM me and we can have a good conversation.
 
Thank you John
I am current in APR, interview date is on 14th
I called KCC, they told me to contact embassy, because the files are already there.
However, My wife decided to go with me, so the final constraint is over.
I will check with her OB/GYN doctor, she is so far stay on the healthier side.
Thank you, all of you for these constructive suggestions.

Since we decided to go back, we will depart ASAP to reduce risks of the mother and baby.

I wonder if the baby born in my country, he can still join my case?
 
wwwh355 said:
Thank you John
I am current in APR, interview date is on 14th
I called KCC, they told me to contact embassy, because the files are already there.
However, My wife decided to go with me, so the final constraint is over.
I will check with her OB/GYN doctor, she is so far stay on the healthier side.
Thank you, all of you for these constructive suggestions.

Since we decided to go back, we will depart ASAP to reduce risks of the mother and baby.

I wonder if the baby born in my country, he can still join my case?
Click to expand...

if you get the greencard after the child is born, u DONT need a visa for the kid to enter the US. The kid will be given permanent residence at the US port of entry as both parents are US residents.
darn, this kid would lose an oppurtunity to be US president in future as he might be born overseas.darn it.
 
Well, I will try to go back to USA ASAP = =
haha
So you mean, even if my baby is born after our interview, he can still get a greencard?
 
wwwh355 said:
Well, I will try to go back to USA ASAP = =
haha
So you mean, even if my baby is born after our interview, he can still get a greencard?
Click to expand...

yes, as long as he is less than 2 yrs when he shows up with his permanent resident parent(s) at a US port of entry.
 
wwwh355 said:
Well, I will try to go back to USA ASAP = =
haha
So you mean, even if my baby is born after our interview, he can still get a greencard?
Click to expand...

Hi WWW,

I wish you guys all the best of luck at the embassy. Given that you are getting a PHD on an F1 I cannot imagine you guys having any problems. All the best for the baby. Just make SURE you were never before on an J1 visa which would most likely prevent you from getting a GC. Just please please make sure you check.
I was on J1 six years ago and it is causing me tremendous headaches and I will most likely have to postpone my May interview in Europe until June or even July until I get a waiver.
 
ivanmladek said:
Hi WWW,

I wish you guys all the best of luck at the embassy. Given that you are getting a PHD on an F1 I cannot imagine you guys having any problems. All the best for the baby. Just make SURE you were never before on an J1 visa which would most likely prevent you from getting a GC. Just please please make sure you check.
I was on J1 six years ago and it is causing me tremendous headaches and I will most likely have to postpone my May interview in Europe until June or even July until I get a waiver.
Click to expand...

Thank you Ivan
Why is J1 visa so problematic like this?
I never hold J1 b4
Good luck to you too
 
You never know what ambitions your child is going to have. Please, think about it. Don't deny him/her the chance to become the President.
 
darkhorse said:
You never know what ambitions your child is going to have. Please, think about it. Don't deny him/her the chance to become the President.
Click to expand...

lol. Please only a few people can become president of the United States. The kid can be whomever he wants in the world without being the president. Anyways, the section in the constitution that says only a natural born US citizen can become president will probably be changed in the near future as more immigrants become citizens.
 
I found something about bringing " finally borned after the interview" baby after your interview.
=========
Children may be admitted as new immigrants without presenting an immigrant visa
under two circumstances:
A child born to an accompanying parent after issuance of an immigrant visa to
the parent but prior to the parent's initial admission as an immigrant (XE3, XF3,
XR3 or XN3); or
A child, under 2 years of age, born during a temporary absence of a lawful
permanent resident mother if the child is accompanying the parent who is
reentering the United States as a returning resident for the first time after the
birth of the child (NA3).
=================
So if parents are not yet made their 1st POE, there is acctually no age limit to the child for getting a GC.
However, Parents theirself must make the POE within 6 monthes after their interview process.
Just a FYI for all of you, might not that useful.
 
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