Club Colombia AOS!

[parkpapa 0]

Mike,

You mentioned a short time back that I would need to file I-130s for Lorena's sons before we could start the AOS process for her (and them). Am I the petitioner in this case or is she the petitioner, since she is here legally? Can you point me to a link or some kind of black and white instructions on the sequence of events when kids are involved? I don't like to guess or depend on memory for important stuff like this.

Charlie

[HAL 9000 96]

Hi Charlie,

Do the Petition instructions mention anything regarding this issue?

I think you are good to go into AOS since you already have a prior approval for an I-130 for your wife. If the kids came to the US already with a valid visa, why would a visa petition be necessary for them? I think they can be adjusted at the same time as your wife since they're already in the country. Doing more I-130s would be cruel... think of the AOS fees once these additional petitions are approved... Valid visas exist already... so they've been cleared by the State Department and presumably by Immigration.

Let us know what process you take on this.

[parkpapa 0]

Hi Charlie,

Do the Petition instructions mention anything regarding this issue?

I think you are good to go into AOS since you already have a prior approval for an I-130 for your wife. If the kids came to the US already with a valid visa, why would a visa petition be necessary for them? I think they can be adjusted at the same time as your wife since they're already in the country. Doing more I-130s would be cruel... think of the AOS fees once these additional petitions are approved... Valid visas exist already... so they've been cleared by the State Department and presumably by Immigration.

Let us know what process you take on this.

That's what has had me confused. I'm still trying to find some concrete direction on this but there is precious little to be found on the USCIS site. But I will certainly keep everyone informed.

[HAL 9000 96]

I think it may be a question of reading into the AOS paperwork- mainly, the petition to Adjust Status itself. I think it has a section for listing associated adjustees... OR the instructions state that children that came along need a separate petition... not sure now but I think its in the paperwork. Either way, I am pretty sure its not necessary to do another round of I-130s...

[Mike and Adriana 0]

Sorry, just getting back to this thread. Yes, it is my understanding (from this board and based on what we did) that you must file an I-130 for each child. You are the petitioner because your wife is not a U.S. citizen (in fact, right now she's not even a permanent resident alient). You can use the I-130 instruction here on the Visajourney.com site. Keep in mind that you do not have to supply all of the information. Here's what I included:

Cover letter

I-130 form

Check for $190

Marriage certificate which links together me, my step-daughter, and her mother.

English translation of the marriage certificate.

My birth certificate.

My step-daughter's birth certificate (with English translation).

My divorce decree.

No need to include the G-325As

Mike

Mike,

You mentioned a short time back that I would need to file I-130s for Lorena's sons before we could start the AOS process for her (and them). Am I the petitioner in this case or is she the petitioner, since she is here legally? Can you point me to a link or some kind of black and white instructions on the sequence of events when kids are involved? I don't like to guess or depend on memory for important stuff like this.

Charlie

[Mike and Adriana 0]

From where are you getting this information? Do you have a step-child who immigrated from Colombia? I'm curious because your information is totally contrary to what I researched and what I did. Remember, the visas resulting from the I-129F are "nonimmigrant visas." I believe the I-130 is required for each beneficiary if you eventually want to adjust status as an immigrant (i.e., get a green card).

Why is doing another I-130 cruel? I knew very early on that this (filing the I-130 for my step-daugher) was necessary and posted so on the Colombia Club thread. All you do is file the form and pay the money. There is no additional embassy interview necessary. When the paperwork for my step-daughter's embassy interview arrived, we just ignored it. All you need to do is submit the I-130 petition approval with the AOS I-485 for your step-child.

Hi Charlie,

Do the Petition instructions mention anything regarding this issue?

I think you are good to go into AOS since you already have a prior approval for an I-130 for your wife. If the kids came to the US already with a valid visa, why would a visa petition be necessary for them? I think they can be adjusted at the same time as your wife since they're already in the country. Doing more I-130s would be cruel... think of the AOS fees once these additional petitions are approved... Valid visas exist already... so they've been cleared by the State Department and presumably by Immigration.

Let us know what process you take on this.

AOS must be filed separately for each beneficiary - spouse and step-child.

I think it may be a question of reading into the AOS paperwork- mainly, the petition to Adjust Status itself. I think it has a section for listing associated adjustees... OR the instructions state that children that came along need a separate petition... not sure now but I think its in the paperwork. Either way, I am pretty sure its not necessary to do another round of I-130s...

[Mike and Adriana 0]

INFO FOR ANYONE WHO NEEDS TO RE-SCHEDULE THEIR AOS APPOINTMENT:

As soon as my wife and step-daughter received their AOS appointment in April, we knew the data would not work (as my wife and step-daughter were to be in Colombia for my wife's mother's surgery). So, we knew we needed to re-schedule, which I assume the USCIS does not like to do, if not absolutely necessary.

The I-797 you get with the AOS appointment also lists a phone number you can call if you need to re-schedule. It took me quite a bit of time to actually get a live person instead of pre-recorded messages. Tip - if you want to talk to a live person, hit the button (#2, I think) for "change of address." Anyway, the lady I spoke with said that they could not change the appointment date...that I would have to write a letter to the office at which the interview was scheduled (would not provide phone number or e-mail address).

So the next step was to send a certified letter to the local office and ask for a new appointment date. We sent the first letter in April and got no response. We sent a follow-up in May, including a copy of their plan reservation. Again, no response. Obviously, we were not happening and were trying to determine our options, which could include 1) flying them both back for the interview for about 3 days (at a cost of about $1,000 or more) or 2) assuming that the AOS petitions would be denied (due to failure to show for the interview) and re-file the I-485s. Additional pressure is caused by the significant increase in fees for the I-485 on July 31.

In the end, I decided that it made no sense to fly them back from Colombia for 2-3 days. For all I knew, the original appointment had been cancelled based on my letters. So the only question now was whether we'd get a new appointment date or would have to re-file the I-485. To determine this, I decided to attend the appointment alone, since I'm still here in the U.S.

I put together all of the necessary documents for the interview - all of the items listed on the appointment sheet as well as proof of relationship. I took all of that and drove 1 hour to the Orlando office of USCIS. I managed to talk my way pass the guard (since I was, after all, the petitioner) and then eventually spoke to the guy who was in charge of my wife's case. He said he was surprised to see me. He said he had received both of my nice letters (which he said were well written - go figure that comment) and that he knew of my mother-in-law's surgery. He said he was surprised to see me...that he did not expect me to show up since the appointment would be re-schedule. He said something to the effect of "I guess I should have called you." Yes, you should. But I did not say a word. He was pleasant and I think he'll be our interviewer eventually. The only thing he could not tell me is WHEN the new interview will be scheduled. We'll just have to wait.

So, just letting you know. When this issue first arose, I posted the question of re-scheduling in this forum and no one had any information. So, I guess now we do have some information.

Mike

[HAL 9000 96]

From where are you getting this information? Do you have a step-child who immigrated from Colombia? I'm curious because your information is totally contrary to what I researched and what I did. Remember, the visas resulting from the I-129F are "nonimmigrant visas." I believe the I-130 is required for each beneficiary if you eventually want to adjust status as an immigrant (i.e., get a green card).

Why is doing another I-130 cruel? I knew very early on that this (filing the I-130 for my step-daugher) was necessary and posted so on the Colombia Club thread. All you do is file the form and pay the money. There is no additional embassy interview necessary. When the paperwork for my step-daughter's embassy interview arrived, we just ignored it. All you need to do is submit the I-130 petition approval with the AOS I-485 for your step-child.

Hi Charlie,

Do the Petition instructions mention anything regarding this issue?

I think you are good to go into AOS since you already have a prior approval for an I-130 for your wife. If the kids came to the US already with a valid visa, why would a visa petition be necessary for them? I think they can be adjusted at the same time as your wife since they're already in the country. Doing more I-130s would be cruel... think of the AOS fees once these additional petitions are approved... Valid visas exist already... so they've been cleared by the State Department and presumably by Immigration.

Let us know what process you take on this.

AOS must be filed separately for each beneficiary - spouse and step-child.

I think it may be a question of reading into the AOS paperwork- mainly, the petition to Adjust Status itself. I think it has a section for listing associated adjustees... OR the instructions state that children that came along need a separate petition... not sure now but I think its in the paperwork. Either way, I am pretty sure its not necessary to do another round of I-130s...

I was looking at the I-485 instructions yesterday and I am pretty sure that the need for additional 130 petitions are not necessary. At least in the case that Charlie's wife would have been a K-1. Additional AOS applications, though, is most likely true. Even though, Part 3 of the I-485 has a pretty big box for derivatives (kids), their A# (check the NOA2 and State Department paperwork from the Embassy), and whether they are co-applicants (Applying with you?). This may imply that they're covered OR that a separate I-485 is needed. Again, if this is what the law requires, then yeah, a separate AOS would be required. Where we're at odds is with the question of doing another waiting round of I-130s for the kids, this itself establishing a visa for the kids that would be in a way repetitive, no?

The eligibility category falls as such for one I-485:

K-1 Fianceé(e) (and K-2 dependents) whose form I-485 is based on an approved Form I-129F.

Just on top of that in the eligibility category it states:

Spouse, parent, unmarried son/daughter under age 21 of a US Citizen with an approved or concurrently filed Form I-130.

Beneficiary of an approved Form I-130 filed by a qualifying relative; Qualifying derivative, family-based beneficiary.

In the actual PDF I got from USCIS today:

Who May file?

"Based on being the spouse or child (derivative)- at the time another adjustment applicant (principal) files to adjust status or at the time a person is granted permanent resident status in an immigrant category that allows derivative status for spouses and children."

+++

I'm not arguing against Mike's procedure. I am absolutely sure it will not pose a danger to have the kids' status as immigrants if Charlie were to do the same. In fact, the best possible advice in this case would be to consult, not necessarily secure, the services of an actual immigration attorney that could more quickly clarify the issue. I'm sure many, many kids have attained the same residency status that Charlie's new family members and the procedure itself should not be that tricky in investigating. In fact, I am sure the procedure is the same for all the other 190+ countries out there that have had some kind of AOS immigration to the US with children in tow.

Now as for my personal experience, no, I have not personally brought kids from Colombia. I'm hoping, though, to create a couple of hybrid puertorican-colombianitos sometime in the next couple of years. I have gone through an AOS back quite a few years back with my ex, from F-1 status to inconditional permanent residence, but she is very well off back in her native Spain and has given me her blessing in this new relationship.

[HAL 9000 96]

Again, reminding ourselves that the kids made it to the US on a valid visa is at the heart of the debate here.

Technically, then, they have been petitioned for already.

[HAL 9000 96]

Or, if the basis for establishing eligibility for AOS for the kids needs to be done, then the torture of having to wait for the AOS fee for each kid to rise at the end of this month can be avoided by filing both I-130 and I-485 petitions concurrently. This I did in the case of my ex without any drawbacks or any need for any embassy interviews since, according to the notices of action received, the case was streamlined from having established eligibility directly to the concurrently filed AOS. The same eligibility basis would then apply in this scenario and since it worked for me without any problem, then it should be OK.

In fact, an immigration inspector at the MIA field office that is a family friend personally assured me the procedure was OK in our case.

[parkpapa 0]

Okay gang.... I did finally find a (relatively) clear explanation of what to do for the AOS for the kids. Maviwaro, you are correct in your assumption IF I had brought the kids here on a K-2 (with Lorena as my fiancee, or a K-1). However, with a K-4 for them, I have to submit an I-130 for each one. Same thing with the AOS. A separate I-485 will have to be submitted also. The good news is that I only have to do one proof of support (I-864) and do not have to submit biographic info for the boys (the I-325).

Aside from the expense, which will only get worse after the end of the month, there is one bright sign. I can submit ALL of that stuff in one envelope at one time. All must be kept in separate packets (by person).

For those interested, a good source of information on the whole process is a book published by Nolo press. The book is prepared by a lawyer, so the information is sound, though it is sometimes not as complete as one might like. However, it is much clearer than the information on the USCIS or State Dept. sites. And it's cheaper than a lawyer!

Charlie

[HAL 9000 96]

Aside from the expense, which will only get worse after the end of the month, there is one bright sign. I can submit ALL of that stuff in one envelope at one time. All must be kept in separate packets (by person).

Good fact finding Charlie. Indeed it was more so the waiting caused by sending in any further petitions before an AOS process that would be indeed VERY expensive without any guaranteed improvements in time.

Furthermore, YES, individual I-130s MUST be filed for the kids, as Mike indicated above. A little bit of browsing here in our guides will clarify that:

http://www.visajourney.com/faq/k3k4visa-aos.html

and here:

http://www.visajourney.com/faq/k3k4visa-outline.html

So... a State Department approval on a Visa for a K-3 Spouse only obtains K-4 visas for the kids, but it does not provide for an eligibility basis for an AOS for the same kids on the USCIS part. Seems like quite a loophole for USCIS to take advantage of. At least they'll allow you to concurrently file the petitions and AOS forms concurrently. That way under the forthcoming circumstances they won't bleed you too much.

[Mike and Adriana 0]

Yes, but let's also remember that they are here on a temporary, nonimmigrant visa - the K-4. Therein lies the big difference.

Again, reminding ourselves that the kids made it to the US on a valid visa is at the heart of the debate here.

Technically, then, they have been petitioned for already.

[Mike and Adriana 0]

I don't look at it this way....like the USCIS is trying to take advantage of anyone. We all have choices. Those of us who applied for K-3/K-4 did so because we wanted our wife/children to get here to the U.S. more quickly. The price we have to pay is filing I-130 and AOS for everyone. You can make the choice to go the IR-1/CR-1 route and avoid some of these problems and expenses if you want. It's a matter of choice.

So... a State Department approval on a Visa for a K-3 Spouse only obtains K-4 visas for the kids, but it does not provide for an eligibility basis for an AOS for the same kids on the USCIS part. Seems like quite a loophole for USCIS to take advantage of. At least they'll allow you to concurrently file the petitions and AOS forms concurrently. That way under the forthcoming circumstances they won't bleed you too much.

[Mike and Adriana 0]

So you found out that the process is as I said for K-3/K-4s? Of course. Guys, I take this very seriously. I know that bad advice can be a big problem. I am not going to state my opinion and disguise it as fact. If I am not sure on something or am expressing an opinion, I'll tell you. Otherwise, I'm stating fact. I am not going to try to lead anyone astray. If you feel better doing your own research (or hiring an attorney), so be it....but then why are you here?

In my opinion, the AOS process is very, very simple. Unless you have a complicated situation, you do not need any other resources. Just follow the instructions. By getting the visa for your wife and children, you've finished the hardest part. AOS is not hard. It's just going to get expensive. But that's the commitment we all made when we decided to marry a Colombian.

Okay gang.... I did finally find a (relatively) clear explanation of what to do for the AOS for the kids. Maviwaro, you are correct in your assumption IF I had brought the kids here on a K-2 (with Lorena as my fiancee, or a K-1). However, with a K-4 for them, I have to submit an I-130 for each one. Same thing with the AOS. A separate I-485 will have to be submitted also. The good news is that I only have to do one proof of support (I-864) and do not have to submit biographic info for the boys (the I-325).

Aside from the expense, which will only get worse after the end of the month, there is one bright sign. I can submit ALL of that stuff in one envelope at one time. All must be kept in separate packets (by person).

For those interested, a good source of information on the whole process is a book published by Nolo press. The book is prepared by a lawyer, so the information is sound, though it is sometimes not as complete as one might like. However, it is much clearer than the information on the USCIS or State Dept. sites. And it's cheaper than a lawyer!

Charlie