Club Colombia AOS!

[Harold08 0]

Do you guys think it is ok for me to just send in what i said (last years taxes) and get the copy of the taxes that i am missing (3rd year) and have it ready just in case they ask for it later?

[edsalbo 0]

hi!, I'm sorry if this reply is not exactly about what youre discussing about, but it certainly IS k3/AOS-related.

I recently posted a topic in the AOS general info section. Im colombian too.

I have been living as an international student on a F-1 student visa for 9 months in the US. Soon I'll be marrying my girlfriend and soon after that i'm thinking of voluntarily going back to colombia to avoid USCIS accusations due to the fact that I came here on a F-1 non-immigrant visa and now im getting married thus staying in the US, which apparently contradicts my initial intentions when coming here. If that is in fact the best thing to do (I would appreciate ideas about wether or not this is "the right way"):

- is it true that if a US citizen spouse files an I-130 for its foreign spouse (who is in his country) in order to begin a K3 process, and at some point the I-130 is approved prior to the issuance of the K3; both parties can start a AOS process right away without necessarily continuing a K3 process?

-and if this were true: Is it "logical" or better to file the I-130 and purposefully wait its approval to then start a AOS? and not a k3?

I'm really confused, and I would appreciate any help.

thank you.

Edited January 4, 2009 by edsalbo

[edsalbo 0]

hi!, I'm sorry if this reply is not exactly about what youre discussing about, but it certainly IS k3/AOS-related.

I recently posted a topic in the AOS general info section. Im colombian too.

I have been living as an international student on a F-1 student visa for 9 months in the US. Soon I'll be marrying my girlfriend and soon after that i'm thinking of voluntarily going back to colombia to avoid USCIS accusations due to the fact that I came here on a F-1 non-immigrant visa and now im getting married thus staying in the US, which apparently contradicts my initial intentions when coming here. If that is in fact the best thing to do (I would appreciate ideas about wether or not this is "the right way"):

- is it true that if a US citizen spouse files an I-130 for its foreign spouse (who is in his country) in order to begin a K3 process, and at some point the I-130 is approved prior to the issuance of the K3; both parties can start a AOS process right away without necessarily continuing a K3 process?

-and if this were true: Is it "logical" or better to file the I-130 and purposefully wait its approval to then start a AOS? and not a k3?

I'm really confused, and I would appreciate any help.

thank you.

sorry for posting twice.

[HAL 9000 96]

Do you guys think it is ok for me to just send in what i said (last years taxes) and get the copy of the taxes that i am missing (3rd year) and have it ready just in case they ask for it later?

Sure... you can do that. If they don't ask for them, then you have them for yourself.

[HAL 9000 96]

hi!, I'm sorry if this reply is not exactly about what youre discussing about, but it certainly IS k3/AOS-related.

I recently posted a topic in the AOS general info section. Im colombian too.

I have been living as an international student on a F-1 student visa for 9 months in the US. Soon I'll be marrying my girlfriend and soon after that i'm thinking of voluntarily going back to colombia to avoid USCIS accusations due to the fact that I came here on a F-1 non-immigrant visa and now im getting married thus staying in the US, which apparently contradicts my initial intentions when coming here. If that is in fact the best thing to do (I would appreciate ideas about wether or not this is "the right way"):

- is it true that if a US citizen spouse files an I-130 for its foreign spouse (who is in his country) in order to begin a K3 process, and at some point the I-130 is approved prior to the issuance of the K3; both parties can start a AOS process right away without necessarily continuing a K3 process?

-and if this were true: Is it "logical" or better to file the I-130 and purposefully wait its approval to then start a AOS? and not a k3?

I'm really confused, and I would appreciate any help.

thank you.

sorry for posting twice.

Sounds like you could be a good candidate for the CR-1 visa instead of the K-3 route.

I do know that some people in the past after 911 have filed the I-130 petition for a student studying English in the states and concurrently filing the I-485 paperwork in the same package without any problems. In other words, if the 130 and 485 are filed while your F-1 status is valid, then you technically do not need to leave the US.

This is as long as your fiancee is a USC. The 130 makes you eligible for AOS within the USA if approved and since the 485 is filed concurrently, then you go straight into AOS. Your best bet is to keep asking here and possibly ask for an appointment with an honest immigration attorney that won't push to be hired for something that can be done by yourselves.

[Mononoke28 134]

Do you guys think it is ok for me to just send in what i said (last years taxes) and get the copy of the taxes that i am missing (3rd year) and have it ready just in case they ask for it later?

Harold, the I-864 only asks for copies of the tax returns of the most recent year. However, most of us sent copies of the last three years to cover all bases. It's a just in case type of thing. If you don't have them, then don't worry about it but be ready to send them to them if they ask for more info.

I think you're good to with what you have, just make sure you send the package via Certified Mail with Return Receipt so you can keep track of it just in case it goes missing.

Diana

[Mononoke28 134]

hi!, I'm sorry if this reply is not exactly about what youre discussing about, but it certainly IS k3/AOS-related.

I recently posted a topic in the AOS general info section. Im colombian too.

I have been living as an international student on a F-1 student visa for 9 months in the US. Soon I'll be marrying my girlfriend and soon after that i'm thinking of voluntarily going back to colombia to avoid USCIS accusations due to the fact that I came here on a F-1 non-immigrant visa and now im getting married thus staying in the US, which apparently contradicts my initial intentions when coming here. If that is in fact the best thing to do (I would appreciate ideas about wether or not this is "the right way"):

- is it true that if a US citizen spouse files an I-130 for its foreign spouse (who is in his country) in order to begin a K3 process, and at some point the I-130 is approved prior to the issuance of the K3; both parties can start a AOS process right away without necessarily continuing a K3 process?

-and if this were true: Is it "logical" or better to file the I-130 and purposefully wait its approval to then start a AOS? and not a k3?

I'm really confused, and I would appreciate any help.

thank you.

edsalbo,

You have different options.

First, there is absolutely nothing wrong with filing for your permanent residence while you're in the US if your initial intention to come to the US was to study. If you had gone to the embassy to get your visa in order to get married and become a permanent resident instead of using to study, then that's fraud. But if that was not your intention you can get married to your US citizen girlfriend and file an I-130, an I-485 and an I-765 to adjust status from your F1 visa and to get a work permit while it is being reviewed and approved.

IF you choose to get married first and go back to Colombia so your wife can file for either a CR1 or K3 visa, you need to make sure that you did not overstay your F1 visa. If you did, they will deny you and you will then have to file a waiver to have your visa approved. Again, the key factor here is that you do not overstay your F1 visa, so if you did, the best thing is for you to stay put here in the US and file from here.

Diana

[HAL 9000 96]

Ditto, Diana. Very well explained.

[margara&john 0]

Hi everyone,

NOA's for AOS, EAD, and AP arrived yesterday. Now we are just witing for the RFE on the EADs. I somehow managed to send only 2 photos each for Margarita and Daniela. I needed to send 2 for AOS and 2 additional for EAD. I'm so upset with myself, but there isn't much I can do about it now.

John

[HAL 9000 96]

Hey John... who knows? Maybe they'll not really care since they can use the Biometrics picture file. At least if you do get the RFE for that, it will be fast for you to comply.

[Mononoke28 134]

Yuppers. Just have the photos ready to be sent as soon as you get your RFE for them. But that's only IF you get an RFE.

Diana

[Harold08 0]

Ok guys so i sent the whole packet yesterday. Let's hope everything goes well and that the AOS gets approved right after our 2nd year anniversary so that my wife can get the 10 year card. Thanks for the explanations guys.

[Mononoke28 134]

Getting the 10 year green card instead of the conditional one would be the perfect scenario Harold.

Good luck!

Diana

[margara&john 0]

One step further along Harold. Congrats

Margarita got her Driver's permit today! The Wisconsin DMV accepted her expired I-94 and Visa accompanied by the 797 NOA for AOS. I'm not sure if they should have let her, but I'm not going to argue. On the WI DMV website it says they accept this but there is an asteric. Below it explains that the NOA must provide conclusive proof of legal residence. Unfortunately we were disapointed to find out that WI mails the permit to the house. We thought Margarita was going to drive home today. Margarita has never driven a car before. We were hoping to start lessons today, but we'll have to wait a few days more. No big deal. For those from WI.... change your WE Energies (gas/electrical utility company in WI) to have your new spouses name on the bill at least one month before applying for license. The DMV requires proof of residency, and they are very picky about what they will accept. It must be a utility bill or bank account that shows activity.

Have a wonderful Wednesday

john

[HAL 9000 96]

Wow John that's great news. Please teach her well so I can drive up your way and not feel stressed on the interstate. j/k

Its awesome you found that info on the WI DMV site...