Help with the process

[Tiago Moro 0]

hi guys...me and my wife got married on july second 2008 and my visa expires on 15th of august. we are trying to put the packet of i130, aos, ead, and advanced parole together but we have a lot of doubts my questions are:

can i stay in us after my visa expires?

in the packets do i have to repeat the documents? ex: the all ask for passport types photos do i have to send photos for each or just one for all? same question for the other documents, birth certificates, i-94, passport copies, and g325a forms.

should i send my certified translation of my birth certificate or just a copy of the certified translation?

do i need to send my orginal birth certificate in my languague? in case affirmative do i have to send the original or just a copy?

how should i divide the sub-packets (ead, advanced parole, aos and i130) inside the envelop?

any other tips that you guys have for me would be great!

im worried about this... and i would appreciate help...because im running out of time and i dont want leave my wife behind...

thank you in advance

Tiago

[Darren&Laura 3]

hi guys...me and my wife got married on july second 2008 and my visa expires on 15th of august. we are trying to put the packet of i130, aos, ead, and advanced parole together but we have a lot of doubts my questions are:

can i stay in us after my visa expires?

in the packets do i have to repeat the documents? ex: the all ask for passport types photos do i have to send photos for each or just one for all? same question for the other documents, birth certificates, i-94, passport copies, and g325a forms.

should i send my certified translation of my birth certificate or just a copy of the certified translation?

do i need to send my orginal birth certificate in my languague? in case affirmative do i have to send the original or just a copy?

how should i divide the sub-packets (ead, advanced parole, aos and i130) inside the envelop?

any other tips that you guys have for me would be great!

im worried about this... and i would appreciate help...because im running out of time and i dont want leave my wife behind...

thank you in advance

Tiago

can i stay in us after my visa expires?

Yes, you will legally be out of status, and possibly rarely could have removal procedings instigated against you, but this would be very unusual. A lot of people don't bother filing for AOS for a year or more after entering on a K1. Sooner rather than later would always be advised though.

in the packets do i have to repeat the documents? ex: the all ask for passport types photos do i have to send photos for each or just one for all? same question for the other documents, birth certificates, i-94, passport copies, and g325a forms.

I'm not 100% what you are asking here, but if duplicate forms/photos are asked for, treat every aspect and form in this process as a totally separate entity and supply whatever is asked for. Copies of documents are acceptable unless otherwise specified in the documentation.

should i send my certified translation of my birth certificate or just a copy of the certified translation?

Just send a copy, but take any originals with you to the interview.

do i need to send my orginal birth certificate in my languague? in case affirmative do i have to send the original or just a copy?

Again, you will require an English translated original at the interview stage along with an original birth certificate in your native language, but copies of both the translated birth certificate and a copy of your birth certificate will suffice for the application.

how should i divide the sub-packets (ead, advanced parole, aos and i130) inside the envelop?

I just folded a piece of bright orange card around every different sub-packet and printed on it what the application was for, then secured it in place with two paperclips.

Hope this helps.

Darren.

[payxibka 10,045]

can i stay in us after my visa expires? YES

in the packets do i have to repeat the documents? ex: the all ask for passport types photos do i have to send photos for each or just one for all? Each application should stand alone, send 2 for each

same question for the other documents, birth certificates, i-94, passport copies, and g325a forms. Repeat when needed but the I-765 & I-131 do not have big evidentiary requirements.

should i send my certified translation of my birth certificate or just a copy of the certified translation? Copies are OK

do i need to send my orginal birth certificate in my languague? in case affirmative do i have to send the original or just a copy? Copies are OK

how should i divide the sub-packets (ead, advanced parole, aos and i130) inside the envelop? Paper clips

Edited July 15, 2008 by fwaguy

[Tiago Moro 0]

thank you guys....one more question...do i have to get the noa for the aos before my visa expires? if i dont get my noa by then i have to leave us? thanks for your help so far....

[Darren&Laura 3]

thank you guys....one more question...do i have to get the noa for the aos before my visa expires? if i dont get my noa by then i have to leave us? thanks for your help so far....

Not at all. You'll be fine. I didn't even apply for AOS until a couple of weeks after my I-94 had expired - some people leave it many months or even years. There really is no rush to adjust status so long as you got married within 90 days of entering on your K1 visa, but applying sooner rather than later is always better so you can enjoy the full benefit of being a permanent resident sooner.

[Tiago Moro 0]

thanks but i didnt enter as a k1 holder...i entered as a visitor...so this is why im concerned about it

[Darren&Laura 3]

thanks but i didnt enter as a k1 holder...i entered as a visitor...so this is why im concerned about it

Sorry, . My mistake I thought you were on a K1, (must have had you confused with someone else I replied to.)

If you entered as a visitor and got married you may need to prove to the authorities that you did not commit visa fraud and had no intention of staying in the USA prior to your visit. Be prepared for this.

I have absolutely no experience in your circumstances so will leave it to someone else who is more aware of what would happen now. What I do know is that it is imperative that you contact USCSI prior to your Visa expiring otherwise you could be looking at a ban from reentering the USA.

[Kathryn41 3,205]

thanks but i didnt enter as a k1 holder...i entered as a visitor...so this is why im concerned about it

Once you submit the AOS application your status becomes "AOS applicant" whether you entered as a K-1, a K-3 or a visitor. One question that may have an impact on your plans: did you enter with the intent to get married and stay, or did you enter with no intent to get married, and marriage just sort of came along?

The reason I ask is that if you entered with the intent of getting married and staying on this visit, that is not legal and you shouldn't be applying for AOS. To do so is considered visa fraud. You need to be applying for a spousal visa (K-3 or CR-1) which is processed from outside of the US. In that case, out of status time can become a problem if you accumulate more than 180 days out of status. If you had no intentions of getting married on this visit when you arrived in the US, then there is no problem applying for an AOS from within the US after marriage.

Good luck.

Edited July 15, 2008 by Kathryn41

[Tiago Moro 0]

i didnt enter in us with intention of getting married....i entered to visit my cousins that live in texas....my wife is from wisconsin....we met in texas and started to date.....then i came to wisconsin to meet her family....and stay for a couple of weeks...but i couldnt leave her...no intentions of getting married what so ever before i came here....lol....but the question remains....do i have to receive the noa before my visa expires? if i dont get the noa and my visa do expire....should i leave the country? or what are other options! thanks a lot for your help!!

[Singers 0]

First: DO NOT LEAVE THE COUNTRY.

You do not have to have a NOA in your hands before your visa expires. You are "pending AOS" once you submit your paperwork.

If you do not submit the paperwork before your visa expires you will be 'out of status' This will be forgiven at interview (which you will have) as long as you do not leave the country. Not a great idea but it's still ok.

You can apply for Advanced Parole but do not use it. They do NOT have to let you back in the country even if you have AP. It is just a risk that is not worth taking.

This thread should be moved to the sub-forum.

[Tiago Moro 0]

thank you singers....we are gonna send the packet before my visa expires for sure...just having a hard time to put the affidavit of support together...i took the medicals this week and should get the i693 done this friday...after that just need to find her tax returns papers...and send it all....if you have anymore tips...i would aprecciate...VJ is helping me a lot with that...thank you all