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AOS INTERVIEW


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We did our AOS interview today and it was no problem!!!! PASSED!!!!! Green Card on the way. Said we should receive in a few days. VERY FAST process. Only 3 months.

 

After the interview we discussed with the immigration officer the daughter situation about being able to still get K4 because of medical issues with the family members she was staying with. Specifically asking about the issuance of the green card and if the K4 would still be valid. He said no problem because she was listed on the original interview notice for my wife's K3 interview as a child for K4. We have mailed to Guangzhou the P3 with a letter. They requested in an email I sent to just send them address for daughter written in Chinese. We faxed it to them and mailed the original. Hopefully this will all happen as we have been told.

 

I will follow up with interview information later and will keep everyone informed on the K4 progress.

Edited by Lowen/Zhang (see edit history)
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We did our AOS interview today and it was no problem!!!! PASSED!!!!! Green Card on the way. Said we should receive in a few days. VERY FAST process. Only 3 months.

 

After the interview we discussed with the immigration officer the daughter situation about being able to still get K4 because of medical issues with the family members she was staying with. Specifically asking about the issuance of the green card and if the K4 would still be valid. He said no problem because she was listed on the original interview notice for my wife's K3 interview as a child for K4. We have mailed to Guangzhou the P3 with a letter. They requested in an email I sent to just send them address for daughter written in Chinese. We faxed it to them and mailed the original. Hopefully this will all happen as we have been told.

 

I will follow up with interview information later and will keep everyone informed on the K4 progress.

 

Congrats, but double-check on the K4. It seems like there is something about them going out of status when the parent adjusts status. Can't find it right now, though.

 

I hope I'm wrong.

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From Non-immigrant visa for a spouse Dept of State website.

 

Finally, the immigrant parent, upon adjusting status will no longer be in K-3 status, therefore, the child will no longer be in lawful K-4 status, since this is merely a derivative classification, and that child would begin to accrue unlawful presence.
Edited by Randy W (see edit history)
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Congratulations on the Green Card.

 

It appears the IO is wrong concerning K-4 status, according to the DOS who is who issues the visa, they interpret the law saying: the K-3 status no longer exists with the adjustment of status. Without the K-3 status, there is no K-4 status. :o

 

See Item 6 in the following:

K3 Visa Implementation

Finally, according to the USCIS rule, as the immigrating parent, upon adjusting status, "would no longer be in K-3 status, the child would no longer be in lawful K-4 status, since this is merely a derivative classification", and that child would begin to accrue unlawful presence. As the K3/K4 may not change status in the United States to another
Edited by LeeFisher3 (see edit history)
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