Noorah101

1. You can't really delay an AOS process. There's no correspondence in between the time the I-130 is filed and the time USCIS notifies you of the interview date. Typically this time frame is about 6 months. The I-130 that YOU file should be approved in about 5 months, then the case moves to NVC for more correspondence from you.

2. My biggest question would be......If your mother stays in the USA with her current AOS pending, but does not follow through and complete that process (i.e. withdraws before her AOS interview), is her status in the USA still protected, or does that waiting period then become an overstay?

I think Question 2 should be a high-priority question for the next discussion with any lawyer.

Mom could always go back to home country anyway, before her K-3 expires (hopefully it hasn't already). That's a guarantee of no overstay. Also, if she has Advance Parole (AP) in hand already, she won't abandon this AOS process....but even if she doesn't have AP in hand yet, she's planning to abandon this AOS process anyway...so if she leaves without AP, that's a sure way of abandoning this AOS process without really trying.

Rene

Fragger

Hi Rene,

Your second question is a good one and I will be sure to inquire about it. What concerns me, however, is the difference in opinion between Susan and Craig... they're both top-notch apparently, and it makes me nervous that they didn't align together. Craig actually went so far as to pull up a lawful section that reads, almost black and white that an AOS via K-3 is not transferable in its Petitioners.

I don't quite understand your first point. I know the two time line don't QUITE align, but we need to find that right balance of maximum overlap, I guess...

Thanks for your help...

scrubbedexpat099

I do not think there is a difference in opinion.

I would put a small sum of money waging that they effectively said the same thing but you understood it differently.

Appoint one of them and let them handle it.

ian-mstm

Unless I'm mistaken, JCF prefers to be known by his first initial: J.

As for their approach to the problem, I think their end goal is the same although their methods may be different.

I agree with Boiler - choose one and go with it. I will admit that J is probably the more personable of the two!

Ian

S Folinsky

Actually, J can be addressed by either his initial or his entire first name which happens to be J.

For what it is worth, I agree with J's advice.

S Folinsky

There are ways to lollygag on an adjustment. Normally, people want the the thing to be processes yesterday.