JERIII

I was told by our neighbor (who used to be an immigration attorney) that you can, there will just be a fee for it, whereas if we had done it along with the packet, it would've been free. And thanks for the info!

There is no fee if you have filed for AOS. Just include a copy of the NOA for the AOS with the application for advance parole.

If you have not filed for AOS, I don't see what basis you would have for applying for advance parole.

how can you have a green based on marriage before you are married!!!

Actually, it doesn't matter how you got your green card. If you have had a green card for three years, and you have been

married to a USC for three years, you are eligible to apply for citizenship (if you meet the other requirements). For example, if

someone gets an employment-based green card and marries a USC one year later, they will be eligible to apply for citizenship

after three years of marriage (and four of green card).

Why didn't the attorney ask us to send a certified copy?

The worries are killing me!

Does anybody have any idea?

Don't worry.

In most places, you cannot get the original of your marriage certificate - it is kept on file. What you get is a "certified copy." USCIS does not require that you send

originals. In this case, the original is the "certified copy." You sent a copy of that, which is the right thing to do. What they are actually asking for is the copy of the

certified copy.

The reason they ask for a "certified" copy is so that people do not send a copy made BEFORE the marriage is recorded officially.

Your 20 years in the US has no bearing on filing the I-864. It is required in all cases, that's why it is necessary to file the I-864. There are no exceptions.

There are a number of exceptions. From the instructions for the form:

The original poster, if he/she has worked for 20 years, possibly does not need an I-864 filed on his/her behalf.

We only sent tax transcripts.

My wife took some other stuff to the interview, but wasn't asked for anything.

The impression I have is that at naturalization, all USCIS cares about is that you are still married.

just a question, out of curiousity - would you personally want to find out?

I'm really not that brave, so I'll stick to the old "better safe than sorry" and tread lightly

Find out what?

The article you posted in order to explain administrative denaturalization, in fact explains that

it no longer exists. The article explains the Circuit Court's Decision in great detail. Denaturalization requires a petition in court.

Do I think it is a good idea to claim another citizenship when passing through immigration. no. Is it going to land you

in court? No.

Yep,

it's 10 years old. Oh my . . . how old is the Constitution?

You are putting the opinion of a single judge over the written law?

Good for you. I tend to agree with Karin though, but then again, what do I know . . .

About most things, you know a lot, about this, maybe not so much.

The "opinion of a single judge" in question is that of Judge Kleinfeld, who wrote the majority

opinion for a decision of the full Ninth Circuit Court of Appeals, sitting en banc. In that case,

Gorbach v. Reno, the court struck down the practice of administrative denaturalization. Basically,

the court ruled that the written law does NOT allow the Attorney General to set up a denaturalization

procedure outside the courts. (This is all described in the article cited above, and in numerous other

places.)

The US decided not to appeal the case to the Supreme Court, and that was the end of administrative

denaturalization.

Hi everyone,

On monday I got an email notification from USCIS that my AOS was approved, and then another that card production was ordered. Great news...except...I'm moving on Saturday. I will definitely be changing my address with USCIS ASAP (I already called to see if I could change it on Tuesday in anticipation, but was told I had to wait until I had actually moved, which I figured would be the case). However, does anyone know what happens when I go through USPS and forward my mail from the old address to the new one? Will any USCIS mail that arrives at my old address (ie stuff that's in the mail right now) get forwarded to me or will it bounce back to USCIS? If it does get bounced back to them, what next? Will they resend it to the new address? I'm really worried that my green card (if it's on it's way now) is going to get lost in the mail...

Thanks for your help!

P.S. Not sure if this is posted in the right section of the forums, sorry if it's not.

You should talk to either (or both of) your mail carrier and your postmaster. They may be able to put your mail on a hold for a few days, rather than putting in a forwarding order immediately. Then you could pick up your mail. They may also have other suggestions. My post office has always bee very helpful with mail forwarding/storage problems

Approved!

California Service Center (42 applicants, 35 approved 83%)

VJName.............Date of I-751.....NOA1 Date......Biometrics.......Approved....Local DO

Merrill.............10/29/10..........11/01/10.......01/10/10........03/09/11.... (RFE rcvd 3/1, GC rcvd 3/12)

pam&josh............10/29/10..........11/02/10.......12/08/10........02/01/11....

TL&IS...............10/30/10..........11/01/10.......01/11/11........02/28/11.... (card received 3/4)

Kasiraman...........11/01/10..........11/09/10.......12/07/10........01/31/11.... (Early Bio 11/29)

BAN.................11/02/10..........11/03/10.......01/06/11........03/01/11....

LYNNANDAHMED........11/02/10..........11/04/10.......12/02/10........02/11/11....

BFORBARREE..........11/02/10..........11/??/10.......11/26/10........01/25/11.... RFE rcvd 12/09, responded 1/19 GC rcvd 1/28

Nineta..............11/03/10..........11/11/10.......12/22/10........02/08/11.... (Early Bio 12/15)

Yasi................11/04/10..........12/03/10.......12/29/10........03/18/11.... (RFE received 3/05, responded 3/08)(card received 3/24)

Debbylyn............11/05/10..........11/08/10.......12/20/10........02/09/11.... (card redeived 2/14)

saradanielle........11/05/10..........11/12/10.......12/14/10........02/12/11.... (card received 2/14)

linda123............11/07/10..........11/14/10.......12/30/10........02/17/11.... (card received 2/25)

Justagirl24.........11/08/10..........11/09/10.......01/20/11........02/28/11.... (card received 03/05)

Geostefan...........11/08/10..........11/--/10.......01/31/11........--/--/11.... (RFE received 3/11)

my-angel............11/08/10..........11/12/10.......01/14/11........02/28/11.... (card received 3/05)

me262...............11/08/10..........11/10/10.......12/15/10........02/08/11.... 02/14/11...Rcvd GC

SMB x2..............11/08/10..........11/10/10.......12/22/10........03/03/11.... (Late Bio 1/12/11)

Jeff&Sylvia.........11/09/10..........11/12/10.......12/09/10........03/23/11.... (Late Bio 12/10) (Re-take Bio 12/30) (Re-take Bio 2/11)

jimcat..............11/10/10..........11/12/10.......12/20/10........02/11/11.... (card received 2/22)

Xochitl18...........11/12/10..........11/15/10.......01/28/11........03/04/11.... (card received 3/10)

hum tum.............11/12/10..........11/15/10.......12/23/10........02/23/11.... (card received 2/28)

Merlot..............11/13/10..........11/15/10.......01/12/11........03/01/11....

PattyS_Husband......11/13/10..........11/15/10.......--/--/10........--/--/11....

BRI1973.............11/??/10..........11/15/10.......12/23/10........01/26/11....

DisneyLovers........11/15/10..........11/17/10.......12/28/10........02/16/11.... (card received 2/23)

briana10............11/15/10..........11/16/10.......12/29/10........--/--/11....

mbdesousa...........11/15/10..........11/??/10.......01/03/11........02/28/11.... (card received 3/05)

Vsfansfans..........11/16/10..........11/17/10.......12/23/10........--/--/11....

Jupiter07...........11/16/10..........11/18/10.......12/21/10........03/29/11.... Columbus, OH

caligurl............11/16/10..........11/??/10.......12/23/10........--/--/11....

KJC.................11/17/10..........11/18/10.......12/29/10........03/04/11....

SonoranSongbird.....11/18/10..........11/19/10.......12/21/10........02/16/11....

bmtrrbt.............11/??/10..........11/19/10.......12/29/10........02/17/11....

FaustlnAK...........11/18/10..........11/22/10.......02/03/11........02/16/11.... (card received 2/24)

CHRISMATT84.........11/19/10..........11/22/10.......12/21/10........02/22/11.... (card received 3/02)

Abranch.............11/19/10..........--/--/10.......12/22/10........02/10/11.... (Never received NOA1)

timcass_12..........11/19/10..........11/22/10.......12/22/10........02/09/11.... (card received 2/10)

wizardfitz..........11/22/10..........11/30/10.......12/21/10........02/15/11.... (card received 2/19)

patriciaofoz........11/24/10..........11/??/10.......01/07/11........02/23/11.... (card received 2/28)

flipilychee820......11/24/10..........11/26/10.......01/14/11........03/01/11.... (card received 3/05)

Kang Lang...........11/26/10..........11/29/10.......02/01/11........--/--/11.... (Early Bio 01/07)

Stardust72..........11/27/10..........1-/--/10.......01/07/11........--/--/11.... (RFE received 3/05)

Vermont Service Center (41 applicants, 13 Approved 32%)

VJName.............Date of I-751.....NOA1 Date......Biometrics.......Approved....Local DO

Rheiys..............10/29/10..........11/01/10.......12/16/10........03/18/11.... (card received 3/21)

R and F.............10/30/10..........11/02/10.......12/10/10........03/23/11....

AlHayatZween........10/30/10..........11/03/10.......12/30/10........--/--/11....

David & Amy.........11/01/10..........11/08/10.......01/20/11........03/09/11.... (card received 3/14)

Robyn-n-Kris........11/03/10..........11/08/10.......12/20/10........--/--/11....

Sam and Metodi......11/03/10..........11/05/10.......12/08/10........03/18/11.... (card received 3/25?)

w1331...............11/04/10..........11/08/10.......12/17/11........03/07/11....

windycity...........11/04/10..........11/08/10.......01/25/11........03/29/11.... (Early Bio 01/12), Alexandria, VA

Daniele & Jen.......11/04/10..........11/05/10.......12/21/10........02/28/11.... Elizabeth, NJ

Jeriii..............11/04/10..........11/08/10.......12/14/10........03/29/11.... (Early Bio 12/01),(card received 3/31)

B_Weeks.............11/05/10..........11/08/10.......12/22/10........03/03/11.... (card received 3/08)

kingtmac............11/06/10..........11/09/10.......01/18/11........--/--/11....

gemindsims..........11/06/10..........11/08/10.......01/18/10........--/--/11....

grahamandmegan......11/06/10..........11/09/10.......12/22/10........03/03/11.... (Early Bio 12/07)

Lucille.............11/06/10..........11/??/10.......01/25/10........03/30/11....

emerce..............11/10/10..........11/12/10.......12/28/10........--/--/11....

Bobalouie...........11/10/10..........11/12/10.......12/22/10........--/--/11.... RFE Recieved 3-19-11, Dated 3-15-11

rugbydude05.........11/10/10..........11/15/10.......12/28/10........03/29/11.... Elizabeth, NJ

JR&DI...............11/12/10..........11/15/10.......12/27/10........--/--/11....

BLEECKER............11/12/10..........11/15/10.......12/28/10........--/--/11....

DON2008.............11/12/10..........11/16/10.......12/30/10........--/--/11....

TigerTeddyBear......11/13/10..........11/16/10.......12/17/10........--/--/11....

Gypsyangel..........11/16/10..........11/19/10.......12/29/10........--/--/11.... (Early Bio 12/21), Mount Laurel, NJ

Gelato..............11/16/10..........11/19/10.......12/28/10........--/--/11....

LSMA................11/17/10..........11/22/10.......01/25/10........--/--/11....

new2009.............11/17/10..........11/22/10.......01/25/11........--/--/11.... (Early Bio 01/19, Alexandria VA)

GlynandKathy........11/17/10..........11/26/10.......12/21/10........--/--/11.... Bedford, NH

"rylee".............11/18/10..........11/22/10.......01/04/11........--/--/11....

tanyaru.............11/18/10..........11/22/10.......01/27/11........--/--/11.... (Early Bio 01/07), Fairfax,VA

Zee Bee.............11/19/10..........11/22/10.......12/23/10........--/--/11.... (Early Bio 12/16)

babybigpig..........11/19/10..........--/--/--.......02/25/11........--/--/11.... (Never received NOA and got I-551 stamped)

Bigley..............11/19/10..........11/22/10.......12/28/10........--/--/11....

brnie80.............11/19/10..........11/22/10.......01/07/11........--/--/11....

didiladi9...........11/19/10..........11/22/10.......01/03/11........--/--/11....

E-MIGRA ............11/20/10..........11/22/10.......01/27/11........--/--/11.... (Early Bio 01/21, Alexandria, VA)

drl.................11/20/10..........11/22/10.......12/29/10........--/--/11....

EastMeetWest........11/20/10..........11/22/10.......01/03/11........--/--/11....

Nani................11/21/10..........11/22/10.......01/05/11........--/--/11....

ARRTA...............11/27/10..........11/30/10.......01/07/10........--/--/11.... Lawrence, MA

JB_VJ...............11/29/10..........12/01/10.......01/31/10........--/--/11....

Sandrila............11/??/10..........??/??/10.......12/09/10........02/16/11.... (filed in the 3rd week of Nov)

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IF everything that has been said is true, and if the victim is willing to cooperate with the authorities, she may be eligible for a U-visa. If she is, the unlawful entry is waiverable, and she is eligible to adjust status three years after the Visa is issued. (Note that U-visas can be issued to people already in the US.) U-visas are a very complicated bit of immigration law, so consultation with a lawyer who has experience with them is vital.

Thanks JERIII, although it doesn't make sense, it does look like you are correct. Reading the confusing and conflicting information I can find on the Shengen zone, if you have a I-551 permanent resident card you don't need a transit visa for the first or connecting flight. I hope to find out otherwise tomorrow when I talk to the German embassy and will post the results.

Why doesn't it make sense? Traveling within (most of) the Schengen zone is like traveling within the US - no frontier controls. A flight from Germany to Germany is a local flight. You can walk from the flight to baggage claim and then out into Germany without a passport control, just like you can take a flight from New York to Washington without customs/passport control.

If you are flying, for example, Houston-> Frankfurt -> Tbilisi, then you (usually) don't need a visa because you don't enter Germany. You cannot get off the plane in Frankfurt and enter Frankfurt without going through customs. You can change planes to another flight that is leaving the Schengen region. Most European airports are set up so that you don't go through passport/customs if you are going from one flight from outside the EU to another outside the EU. (The US is not set up like this.)

Your problem was that if you fly Houston -> Munich -> Frankfurt -> Tbilisi, you have to clear passport in Munich, because Munich -> Frankfurt is a domestic flight, you can't stay in the

part of the airport that is "protected" for non-EU flights, because the flight to Frankfurt doesn't leave from there.

My wife is a permanent US resident without restrictions with Kazakhstan citizenship. Friday we were going to see her mother in Tbilisi, Georgia and were prevented from getting on the plane in Houston. The gate attendant said since there were two transit points in Germany, Frankfurt and Munich, and they are in the Schengen Zone she would need a transit visa.

Is this correct? Keep in mind it was only for transit and a few hours would be spent inside each airport. Any accurate information will be much appreciated.

Unfortunately, it is correct. If you are going to fly from one city inside the Schengen zone to another one inside, you have to clear passport control and enter the first country, so you

generally need a Visa if you can't enter the Schengen region without one. If you are only stopping at one point in the Schengen region, you generally don't need a visa, because you can stay in the airport secure area and not pass passport control. That said, you always need to check, because citizens of some countries need a visa even in the second case.

Actually I'm flying JetBlue from Maine to JFK on Sunday (50# limit)and Aerosvit JFK-SIP (20 kg) BOTH airlines allow 1 free checked bag, a 10 kg carry on (they never weight it though so "if it fits it ships"), and personal bag or laptop bag.

I just want to note that the only time I have seen an airline weigh carryons, it was Aerosvit out of JFK. This was in 2005 or 6, they were being very picky, and many people were sitting on the floor repacking.

Adding my info to Vermont

California Service Center (27 applicants)

VJName.............Date of I-751.....NOA1 Date......Biometrics......Approved....

pam&josh............10/29/10..........11/02/10.......12/08/10........--/--/10....

Kasiraman...........11/01/10..........11/09/10.......12/07/10........--/--/10.... (Early Bio 11/29)

BAN.................11/02/10..........11/03/10.......--/--/10........--/--/10....

Nineta..............11/03/10..........11/11/10.......12/22/10........--/--/10....

Debbylyn............11/05/10..........11/08/10.......--/--/10........--/--/10....

saradanielle........11/05/10..........11/12/10.......12/14/10........--/--/10....

Justagirl24.........11/08/10..........11/09/10.......--/--/10........--/--/10....

Geostefan...........11/08/10..........--/--/10.......--/--/10........--/--/10....

my-angel............11/08/10..........11/12/10.......--/--/10........--/--/10....

me262...............11/08/10..........11/10/10.......--/--/10........--/--/10....

SMB x2..............11/08/10..........11/10/10.......--/--/10........--/--/10....

Jeff&Sylvia.........11/09/10..........11/12/10.......12/09/10........--/--/10....

Xochitl18...........11/12/10..........11/15/10.......--/--/10........--/--/10....

hum tum.............11/12/10..........11/15/10.......--/--/10........--/--/10....

Merlot..............11/13/10..........11/15/10.......--/--/10........--/--/10....

DisneyLovers........11/15/10..........11/17/10.......--/--/10........--/--/10....

Vsfansfans..........11/16/10..........11/17/10.......--/--/10........--/--/10....

Jupiter07...........11/16/10..........11/18/10.......--/--/10........--/--/10....

caligurl............11/16/10..........--/--/10.......--/--/10........--/--/10....

KJC.................11/17/10..........11/18/10.......--/--/10........--/--/10....

SonoranSongbird.....11/18/10..........11/19/10.......--/--/10........--/--/10....

FaustlnAK...........11/18/10..........11/22/10.......--/--/10........--/--/10....

CHRISMATT84.........11/19/10..........11/22/10.......--/--/10........--/--/10....

Abranch.............11/19/10..........--/--/10.......--/--/10........--/--/10....

timcass_12..........11/19/10..........11/22/10.......--/--/10........--/--/10....

Kang Lang...........11/26/10..........--/--/10.......--/--/10........--/--/10....

Stardust72..........11/27/10..........--/--/10.......--/--/10........--/--/10....

Vermont Service Center (29 applicants)

VJName.............Date of I-751.....NOA1 Date......Biometrics.......Approved....

Rheiys..............10/29/10..........11/01/10.......12/16/10........--/--/10....

R and F.............10/30/10..........11/02/10.......12/10/10........--/--/10....

AlHayatZween........10/30/10..........11/03/10.......--/--/10........--/--/10....

Robyn-n-Kris........11/03/10..........11/08/10.......12/20/10........--/--/10....

Sam and Metodi......11/03/10..........11/05/10.......--/--/10........--/--/10....

windycity...........11/04/10..........11/08/10.......--/--/10........--/--/10....

Daniele & Jen.......11/04/10..........11/05/10.......--/--/10........--/--/10....

Jeriii..............11/04/10..........11/08/10.......12/14/10........--/--/10.... (Early Bio 12/01)

kingtmac............11/06/10..........11/09/10.......--/--/10........--/--/10....

gemindsims..........11/06/10..........11/08/10.......--/--/10........--/--/10....

grahamandmegan......11/06/10..........11/09/10.......--/--/10........--/--/10....

emerce..............11/10/10..........11/12/10.......--/--/10........--/--/10....

Bobalouie...........11/10/10..........11/12/10.......--/--/10........--/--/10....

rugbydude05.........11/10/10..........11/15/10.......--/--/10........--/--/10....

JR&DI...............11/12/10..........11/15/10.......--/--/10........--/--/10....

DON2008.............11/12/10..........11/16/10.......--/--/10........--/--/10....

TigerTeddyBear......11/13/10..........11/16/10.......--/--/10........--/--/10....

Gypsyangel..........11/16/10..........11/19/10.......--/--/10........--/--/10....

Gelato..............11/16/10..........11/19/10.......--/--/10........--/--/10....

LSMA................11/17/10..........11/22/10.......--/--/10........--/--/10....

new2009.............11/17/10..........11/22/10.......--/--/10........--/--/10....

"rylee".............11/18/10..........--/--/10.......--/--/10........--/--/10....

tanyaru.............11/18/10..........--/--/10.......--/--/10........--/--/10....

Zee Bee.............11/19/10..........11/22/10.......--/--/10........--/--/10....

Bigley..............11/19/10..........11/22/10.......--/--/10........--/--/10....

E-MIGRA ............11/20/10..........--/--/10.......--/--/10........--/--/10....

drl.................11/20/10..........--/--/10.......--/--/10........--/--/10....

EastMeetWest........11/20/10..........--/--/10.......--/--/10........--/--/10....

Nani................11/21/10..........--/--/10.......--/--/10........--/--/10....

JB_VJ...............11/29/10..........--/--/10.......--/--/10........--/--/10....

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The chances for an annulment after a relationship of so long is small if you lived together. However is she does get one effectively you were never married and don't qualify for removal of conditions. If she wins then your stay here will be delayed.

You might think that an annulment means that, but it doesn't necessarily, the instructions for removal of conditions specifically state that you can file for a waiver if

Of course, the grounds for the annulment might matter.

As I understand it, Vanessa&Tony have given the correct procedure to follow.

My wife is Moldovan, and one of her friends is an Moldovan LPR who just went through this.

The embassy in DC issued a travel document which she used to return to Moldova. She got her new passport there.

I think the reason that they did this was so that she did not have to go to the embassy/consulate. At any rate, the

embassy suggested this and she got the document without much trouble. There was no emergency.

As in all cases like this, try to call the embassy. Do what they say.

I don't have that much experience with this, but I know you can return to Moldova with an expired passport using the travel document that the embassy will issue. However, I am fairly sure that you will need to get a new passport in Moldova in order to return to the US.

yes i know... this is always done.. but seems i miss understood.. but no need to blaze me saying i grossed you out but thanks for the proper information charles.. it's greatly appreciated.

I posted a link to what i read.. so the person seeing it an also decide what he/she would like to do with the information.

Original Poster-

If you want to go to Mexico, you need to call a Mexican consulate and ask for the updated information. Unless the rules have changed, what is written on the embassy website is incomplete. Green card holders have not needed Visas for Mexico for years now, so unless something has changed... The following is taken from the Boston consulate site:

(This is from http://www.sre.gob.mx/boston/)

The New York consulate website says this:

In fact, Mexico recently changed the Visa rules so that a valid US Visa is enough, see for example, http://www.aeromexico.com/en_us/promotions/fare-sales-and-other-offers/mexican-visa.aspx

At any rate, call them.

First thing, she needs to fire the lawyer.

Then wait until she's eligible to check one of the boxes in part 2 of the N-400. My guess is that the five years with green card will be her first opportunity. She can mail the paperwork up to 90 days before completing the 5 years.

There's no waiver to allow filing after three years if the marital union dissolved, regardless of the reason for dissolution.

This is the one thing I don't like about VJ. We're all so sure we know about everything. And we're all so sure that all the lawyers are wrong.

Guess what, the lawyer is correct. Here's the relevant law:

Sec. 319. [8 U.S.C. 1430]

LPRs who obtain their green card "by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty" are eligible to apply after three years, exempted from the requirement that they have been living with their spouse.

It took me about five minutes to find the relevant policy USCIS memo with a web search.

We all need to be a little more careful about areas of immigration with which we have little experience, like VAWA cases.

Hi Evrybody

I am Back. actually i need advice. my brother just last year to USA from india on student visa. Can he apply for AOS? can i file for him.is there any ways he can get greencard?

thank you

richa

If you mean can he file for AOS simply because he is here on a student visa, no.

I've never heard of anyone doing AOS from a student visa who wasn't interviewed.

My wife did AOS from a student visa. We sent some "proof" with the I-130, and had more at the interview. We were not asked for any of it. The interview was simple and painless.

If you have any specific questions, I'd be happy to try to help, but as Bobby said, AOS from a student visa is straightforward.

I don't if this has been mentioned, but sometimes when I click the "mark unread posts" button (the VJ+), nothing happens. I.e, the icon doesn't change, and the posts have not been marked as read.

I don't really like the new VJ, but I'm afraid my comments aren't going to be very helpful.

- I'm trying to remember what the "go to first unread" button used to look like, and how it used to be placed, I can't quite, but it seems to me that it is harder to quickly go down a page of topics, clicking on those buttons. Is it possible that there used to be more space between the button and the topic header? (This is the way I always browse, by opening topics in new tabs, this feels much harder to do. Enough harder that I am reading fewer topics.)

- The whole look+feel of this site seems to create pages that are harder to read. They have more "pop," but they just don't seem to hang together well. I suspect I will get used to them, but I don't usually have that reaction to websites. I don't know enough about design to make any suggestions, but this site now feels like an awkwardly designed book.

- The site is slower, at least for me. I always open the forums page, then open some of the forums in which there are new posts in other tabs. Formerly, the new tabs opened so fast that I could more-or-less immediately click the button to update the tracking. Now they rarely open that fast. It may be that things are still rebuilding.

Hi everybody!

My husband (filing on my behalf) is not the best record keeper in the world, so he doesn't have his 2008 tax return. His accountant filed it, but somehow failed to send my husband a copy. And due to some tensions between them we might not be able to retrieve that paper. So we have his 2007 tax return, we will have his 2009 1040 too, and his W-2's for 2007-2009. According to his W-2 he is making way above the poverty line so at least we're good here.

My question is: can we send the package with what I listed above and then on the interview explain how the stupid document got lost, or they won't even look at the application without one of the last tax returns? And another question - maybe we could just recreate the 2008 return now somehow?

Thank you!!

Google "Tax transcript" - you can call the IRS and ask them to send (or fax) a copy of the information from the return. It's free, and fast.

Do not send the application in without the tax info.

There's some misinformation in this thread, I think.

First, you CAN apply to convert a visitor visa to a student visa. This is one of the advantages of the visitor visa over the visa waiver program. It does take time.

That said, your friend will need to be accepted into a program that can give him an I-20, and will need to have the funds to pay for the schooling. It will need to be "full-time," although the definition of that is complicated.

The question of whether or not he can go to a community college is not straightforward, but depends on the state. Non-residents are certainly eligible to go in some places (I know lots of international students who have gone to community colleges), but they are usually not eligible for financial aid or for in-state tuition rates.