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ray_and_mally

Should we renew my wife's visa before or while wating for AOS process?

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Hey everyone!

Just a quick question, well, after I bring you up to speed first! :) My wife and I are about to send out our I-485/AOS package BUT, before we do it, thought I'd get some input from you guys about one part that's troubling me.

My wife got her Colombian passport renewed back in early 2012 BUT, her US Visa is going to expire in October 2014 which is only a few weeks away. Given that her US Visa will definitely expire while we're waiting for the AOS process to unfold, should we get her US Visa renewed BEFORE we send in the I-485/AOS package and include photocopies of the freshly renewed US Visa in our package rather than photocopies of the one that's about to expire?

Also, if we should renew her US Visa, where should we go to do it? The US Embassy in Atlanta? I say Atlanta because that's the closest one to us.

Please keep in mind that she's in the US on an overstayed/expired I-94 AND she entered on a B2 (if that factors into your responses).

I really appreciate the input of all on this forum. You've helped us make sense of a potentially confusing process. We've front loaded our I-485/AOS package as much as possible, it's just that her expiring US Visa that's nagging me. I'm not sure what to do about this bit.

A thousand thanks in advance!

Ray

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Her B2 was voided the minute she overstayed.

Atlanta? There are no US Embassies in the US. I thought the Embassy in Columbia was in Bogota.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Hey everyone!

Just a quick question, well, after I bring you up to speed first! :) My wife and I are about to send out our I-485/AOS package BUT, before we do it, thought I'd get some input from you guys about one part that's troubling me.

My wife got her Colombian passport renewed back in early 2012 BUT, her US Visa is going to expire in October 2014 which is only a few weeks away. Given that her US Visa will definitely expire while we're waiting for the AOS process to unfold, should we get her US Visa renewed BEFORE we send in the I-485/AOS package and include photocopies of the freshly renewed US Visa in our package rather than photocopies of the one that's about to expire?

Also, if we should renew her US Visa, where should we go to do it? The US Embassy in Atlanta? I say Atlanta because that's the closest one to us.

Please keep in mind that she's in the US on an overstayed/expired I-94 AND she entered on a B2 (if that factors into your responses).

I really appreciate the input of all on this forum. You've helped us make sense of a potentially confusing process. We've front loaded our I-485/AOS package as much as possible, it's just that her expiring US Visa that's nagging me. I'm not sure what to do about this bit.

A thousand thanks in advance!

Ray

Since she has over-stayed her current I-94, it would be a waste of time and money to renew her tourist visa. She needs to wait for her GC before travelling anywhere. If you mean the Columbian Consulate in Atlanta to issue a US tourist visa you really need to understand international travel requirements. First, she has a Columbian passport. Second, she needs a US visa issued by the US department of state (DOS) in her Columbian passport in order to enter the US or she needs an advance parole (AP) card or she need her green card (GC). As there are no US consulates or Embassies inside the US and the US does not extend the validity period of any visas once issued, she must apply for and receive her new tourist visa in another country. Once she leaves without her GC or AP her adjustment of status (AOS) will be considered abandoned. Now she is outside the US with no tourist visa. She can apply, but having a US husband makes it almost impossible for her to get a new tourist visa. So your only option at this point would be to file for a spousal visa and wait the approximately 1 year for her to receive the CR-1/IR-1 visa.

File your AOS and file the I-131 for the AP so she can travel while waiting for the GC. If all goes well she will not need the tourist visa ever again. Whatever she does, she cannot leave the US without the AP or GC without causing a lot of problems for her return to the US.

Good luck,

Dave

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Since she has over-stayed her current I-94, it would be a waste of time and money to renew her tourist visa. She needs to wait for her GC before travelling anywhere. If you mean the Columbian Consulate in Atlanta to issue a US tourist visa you really need to understand international travel requirements. First, she has a Columbian passport. Second, she needs a US visa issued by the US department of state (DOS) in her Columbian passport in order to enter the US or she needs an advance parole (AP) card or she need her green card (GC). As there are no US consulates or Embassies inside the US and the US does not extend the validity period of any visas once issued, she must apply for and receive her new tourist visa in another country. Once she leaves without her GC or AP her adjustment of status (AOS) will be considered abandoned. Now she is outside the US with no tourist visa. She can apply, but having a US husband makes it almost impossible for her to get a new tourist visa. So your only option at this point would be to file for a spousal visa and wait the approximately 1 year for her to receive the CR-1/IR-1 visa.

File your AOS and file the I-131 for the AP so she can travel while waiting for the GC. If all goes well she will not need the tourist visa ever again. Whatever she does, she cannot leave the US without the AP or GC without causing a lot of problems for her return to the US.

Good luck,

Dave

Thanks Dave! I just needed clarification that her B2 Visa was dead as soon as she overstayed. We are most definitely not going to travel outside the US until her approval comes. I just wanted to make sure about her Visa is all. Her Colombian passport is still 100% valid, it's just her B2 visa that I was wondering about because it expires in October. Now I understand her B2 is a non-factor and we should worry about that after the AOS is approved. Again, I appreciate you taking time out to guide me along on this. I guess I'm just getting stressed because I want to file everything as 100% correct as possible.

Cheers!

Ray

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Thanks Dave! I just needed clarification that her B2 Visa was dead as soon as she overstayed.

Correct


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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