Worried

[cheep-cheep 0]

Peace & Blessings!

Hi.. I know i asked too many questions lately but I really need some help and advice and this one is really bothering me the most. I got here last year may 2009 and I have 2 year to stay here and within that 2 year I need to change my status to permanent resident. My visa (k-3)will expire next year april of 2011 and we will be sending my AOS on sept I know why just now we're changing my status. Its because last year my husband is still studying and he only had a part-time job. So we wanted to wait until we have enough income to do it so he can prove that he can support me. So now he have 2 jobs and his income is above the poverty rate add the fact that im working too and making good money.

So from september to april we only have 7 months left and I am hoping that before my visa will expire we'll be able to get my green card. of course if we did everything right to avoid delays. Ok, so worst case scenario what if, for some reason it took more than 6 months and i have to go home before my visa will expire and we'll have our interview date I'm in the Philippines and he's here. what will happen if i cant show up in the interview?

Sorry, its been bothering me and stressing me alot. I wish you guys can give me some advice...

Thank you so much!

[cheep-cheep 0]

Random question

Do we need to include my husbands 3 years income tax return even if they are only asking for the current?

[VanessaTony 3,567]

I don't understand. Do you think you MUST leave before your visa expires? Because that's not the case. Once you file AOS you are "AOS pending" and you do not leave. If you leave while AOS is pending (without an AP document) you abandon your process and will have to start a new visa to re-enter the US (like an CR-1/IR-1).

If you're talking about visiting home on an AP document while AOS is pending then you would have to either reschedule the interview, or hop on a plane and come back to the US for your interview. again, if you leave WITHOUT the AP document your process is cancelled. You DO NOT have to leave the country before your visa expires as long as you have filed AOS.

As for the tax returns.. you only NEED to submit the last tax year but you must have at least filed the previous years and write that information on the I-864. I included all 3 previous years just for good measure.

[cheep-cheep 0]

First of all thank you for the response.

What im talking about is what if the process for my AOS of will take more than 6 months (my visa will expired next year april 7 months from now) do i have to leave the country? its still confusing?

Ok, lets put it this way. I still have 7 months before my visa will expired. What if my AOS takes more than 7 months therefore my visa is expired. If that happens do I need to go back to the Philippines because my visa is expired or I can stay here while my AOS is in the process.

[Darnell 8,478]

ah - when you file for AOS, don't forget to file the I-131 with it - the fee is waived when you submit it with the I-485.

if you are out of the USA currently, I suggest you review your 'durations' - as if more than 6 months out of USA, you are looked at, hard, when you return to USA.

[trillium13 84]

First of all thank you for the response.

What im talking about is what if the process for my AOS of will take more than 6 months (my visa will expired next year april 7 months from now) do i have to leave the country? its still confusing?

No, you stay here while it is processing.

Ok, lets put it this way. I still have 7 months before my visa will expired. What if my AOS takes more than 7 months therefore my visa is expired. If that happens do I need to go back to the Philippines because my visa is expired or I can stay here while my AOS is in the process.

[VanessaTony 3,567]

First of all thank you for the response.

What im talking about is what if the process for my AOS of will take more than 6 months (my visa will expired next year april 7 months from now) do i have to leave the country? its still confusing?

Ok, lets put it this way. I still have 7 months before my visa will expired. What if my AOS takes more than 7 months therefore my visa is expired. If that happens do I need to go back to the Philippines because my visa is expired or I can stay here while my AOS is in the process.

As I said, you DO NOT LEAVE the US once your AOS is processing UNTIL you get the AP document (file form I-131). You DO NOT HAVE TO leave the US once your visa has expired AS LONG AS you have filed AOS. So, file AOS sometime in the next 6 months and you're fine. Your visa no longer matters (once you've filed AOS) because you are waiting for your greencard.

Edited August 21, 2010 by Vanessa&Tony

[finallyfree 2]

First of all thank you for the response.

What im talking about is what if the process for my AOS of will take more than 6 months (my visa will expired next year april 7 months from now) do i have to leave the country? its still confusing?

Ok, lets put it this way. I still have 7 months before my visa will expired. What if my AOS takes more than 7 months therefore my visa is expired. If that happens do I need to go back to the Philippines because my visa is expired or I can stay here while my AOS is in the process.

No, you do not have to go back to the Philippines when your visa expires while your AOS is pending.

[finallyfree 2]

As I said, you DO NOT LEAVE the US once your AOS is processing UNTIL you get the AP document (file form I-131). You DO NOT HAVE TO leave the US once your visa has expired AS LONG AS you have filed AOS. So, file AOS sometime in the next 6 months and you're fine. Your visa no longer matters (once you've filed AOS) because you are waiting for your greencard.

K-3 visa holders doesn't need the AP document to leave the U.S. But it need to be still valid upon re-entry.

Edited August 21, 2010 by finallyfree

[VanessaTony 3,567]

K-3 visa holders doesn't need the AP document to leave the U.S. But it need to be still valid upon re-entry.

I know a K3 can use their visa to enter and re-enter multiple times (BEFORE filing for AOS), but I've always read that ANYONE who files for AOS CANNOT leave while it is pending as it's seen as abandoning status, unless they have an AP document...

**Edit - okay I googled this one and found that yes you can leave while it's pending so there's the advice.

You DO NOT HAVE TO leave before your visa expires BUT if you wanted to visit home, you would need to be back before your visa expires otherwise they won't let you in.

Edited August 21, 2010 by Vanessa&Tony