IF AOS submitted and IV fees paid can parent change status in USA

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kanwarjag

Registered Users (C)
I have sponsered my father as relative of US citizen. His application is approved. When I originally applied I requeste dfor Consular processing. Accordingly, I filed AOS form and fees as well as immigration feesfore processing of these forms (IV case IV) has been paid. So now in next step I have to submit DS230. However my father would like to come before his case can be completed ( I beleive it will take at least another three months to process in consular processing). My question is- Can he come at this stage or not? If so than how he will get his GC will he get at port of entry what other processing Mya be need on my part. Another piece of information I would like to add is that he has valid visitor visa.

Thanks
 
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kanwarjag said:
I have sponsered my father as relative of US citizen. His application is approved. When I originally applied I requeste dfor Consular processing. Accordingly, I filed AOS form and fees as well as immigration feesfore processing of these forms (IV case IV) has been paid. So now in next step I have to submit DS230. However my father would like to come before his case can be completed ( I beleive it will take at least another three months to process in consular processing). My question is- Can he come at this stage or not? If so than how he will get his GC will he get at port of entry what other processing Mya be need on my part. Another piece of information I would like to add is that he has valid visitor visa.

Thanks
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He would be turned back at the border or airport if he tried to enter now. In order to enter now on a B visa, he would be REQUIRED to lie in order to get in and that would they make him have to get a section 212(i) waiver for fraud/misrepresentation for which he might (most likely) not qualify.
 
No. Dont do it

NO NO NO. Do not try to get him hear. At the airport the IO will know that he has applied for Immegrant Visa. But he is trying to enter on Non Immegrent visa.
One of my friend DAD went to for a CP in India with a passport having 10yrs M entery visa. the CP Offier told him that the day your son applied for Immegrant Visa or I130, you Non immegrant visa is considered to be cancled. and he put a cancled stamp on it and gave him a immegrant Visa.
If at all he makes it through the border, You should pay the I485 and Biometric fee and medical exam again. and he might have trouble at the Interview for GC in USA.And the IO at the airport can put a stamp on his I94-No AOS- Thats it . You are F*****. My friend ,dont do it because,
1. waste of money
2. Risky
3.Not the right way to do.
4.Inviting problems your self.
He is half way through in process back home , he should be done in 3-4mts. Let the process go smoothly. do not disturb it. Chances of getting Scr***d are more
 
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Continue with Consular Processing

Please continue with CP as it will most likely take less than three months to complete the process.

I (USC) recently filed I-130 for my stepson IR2.

Affidavit of Support received at NVC 08/18/2011

DS-230 received from son at NVC 08/30/2011

NVC file review completed and forwarded to US Embassy New Delhi; Interview letter 09/13/2011

CP IV Interview 10/18/2011 (less than 5 minutes)

Passport received from VFS 10/20/2011 with wrong IV expiration date (09/14/2010)

Corrected IV expiration date, IV reissued 10/25/2011

POE: 11/05/2011 Newark

SSA Card received: 11/14/2011

Your father should continue with CP and he could be here very soon.
 
Father AOS

Thanks guys. I never ment to do any fraud or something of that sort. While I was reading instructtions about this processing it was mentioned if you chnage CP then inform NVC and then tell that he will adjust status in USA. Obviosuly then I was trying to find out if i have done all this processing then can I go other way around and chnage his status in USA or at port of entry or else. So if I undertsand there is no way that he can adjust status in USA now he has to follow CP.
 
Acronym confusion

In immigration practice and among for USCIS, AOS stands for Adjustment of Status and entail filing an I-485 in order to apply for a greencard from inside the U.S.).

In the immigration forums among non-professionals, AOS may also stand for Affidavit of Support. This is confusing to many people. Use of this version of the acronym is extra problematic because there are two different base forms: the very limited I-134 for K-1s and once in a while F-1s and usually inappropriately offered for B-2 non-immigrant visa applicants; the I-864 and various supplements are used for Immigrant Visas and adjustment of status (the real AOS).
 
Process Confusion

The possibility to switch from domestic adjustment to consular processing and vice versa is there for a reason. It is not meant to be used on a whim but rather "out of a genuine need" and based on particular and sometimes peculiar circumstances.

Suppose that Mrs. X files an I-130 for her married daughter. Daughter X is married and has children. The children grow during the over 10 year period while waiting for a visa from grandma (through their mom's mom). The oldest child obtains an F-1 visa to attend university in the U.S. and finally, the I-130 Priority Date becomes "current".

It is too darn expensive and inconvenient to disrupt studies and fly back for Consular Processing. So, after mom (the principal beneficiary) enters on her Immigrant Visa her student child in the U.S. could file an I-485 for adjustment of status (AOS). In this example he was still under 21 when the I-485 was filed BUT if he had been 21 or older then they would need to look into CSPA (Child Status Protection Act) eligibility.
 
Confusion AOS- Affidavit of support

Oh Yes I mean Affidavit of support. APology about the confusion I just started using NVC language.
 
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