Club Colombia AOS!

[Matt y Fernanda 0]

I may have made an expensive error. My wife's I-485 was approved today. She will be a conditional resident, because we have not been married 2 years yet. At the time we submitted her AOS paperwork, we did not submit an I-131. Is it too late to submit the I-131 without payment, if I sent in the NOA for her I-485? Or now that the I-485 has been approved, will we need to pay the $305?

[parkpapa 0]

I may have made an expensive error. My wife's I-485 was approved today. She will be a conditional resident, because we have not been married 2 years yet. At the time we submitted her AOS paperwork, we did not submit an I-131. Is it too late to submit the I-131 without payment, if I sent in the NOA for her I-485? Or now that the I-485 has been approved, will we need to pay the $305?

If your wife is here on a K3 visa, you do not need to submit an I-131, as she is permitted unlimited travel to and from the US.

From the USCIS website: Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

Here's the link: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[M&J 0]

Hello!!

I'm planning on going to Colombia for a week or so, and I'm not sure if I should use my married name on the airline ticket. My AP, EAD are in my married name but my passport is in maiden name. somebody know???

Thank you

Marcela

[parkpapa 0]

Hello!!

I'm planning on going to Colombia for a week or so, and I'm not sure if I should use my married name on the airline ticket. My AP, EAD are in my married name but my passport is in maiden name. somebody know???

Thank you

Marcela

It would probably be simpler (especially in dealing with DAS in Colombia) if you use the name in your passport. It would mean a lot less explaining down the road. There WILL be an issue when you come back in the sense that US Immigration will question you about the name difference. As long as you have proper identification documents, however, you will be fine. Personally, I'd be more concerned in dealing with DAS.

Charles

[M&J 0]

Thank you Charles!!!

Another question, will they take my I-94 at the airport?? Do I have to fill a new one on my way back?? or am I a resident??

THANK YOU!!

[parkpapa 0]

Thank you Charles!!!

Another question, will they take my I-94 at the airport?? Do I have to fill a new one on my way back?? or am I a resident??

THANK YOU!!

I'm not sure how they handle the I-94. You're not a resident yet, though, until the AOS clears and you get your green card.

My suggestion would be to call the toll free number that's located on all of your NOA documents and get their advice.

Charles

Edited June 10, 2008 by parkpapa

[Mononoke28 135]

M&J,

I would personally use the name you have on your AP so you don't have any issues coming back. Also take a copy of your marriage certificate so you can show the DAS people in Colombia why your name is different on your ticket than your passport. That's all. You will have to do this every time you travel outside of the US even after you get your green card.

Also, do you have an ID card or drivers license with your new name that you can take with you? The airline will want to see an ID with the name you're using on the ticket and it has to match. If you use your maiden name to travel and your AP has your married name Immigration will definitely question you on it becasue your legal name is your married name.

Diana

Edited June 10, 2008 by Mononoke28

[HAL 9000 96]

Marcela... change your passport info if you can at your nearest Colombian consulate. You will also be able to register for a bunch of other things from home while you're there... including a change of name if you so wish.

[Matt y Fernanda 0]

I may have made an expensive error. My wife's I-485 was approved today. She will be a conditional resident, because we have not been married 2 years yet. At the time we submitted her AOS paperwork, we did not submit an I-131. Is it too late to submit the I-131 without payment, if I sent in the NOA for her I-485? Or now that the I-485 has been approved, will we need to pay the $305?

If your wife is here on a K3 visa, you do not need to submit an I-131, as she is permitted unlimited travel to and from the US.

From the USCIS website: Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

Here's the link: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Yes, but doesn't that change after she receives her green card? At that point the K-3 is invalid, right?

[parkpapa 0]

I may have made an expensive error. My wife's I-485 was approved today. She will be a conditional resident, because we have not been married 2 years yet. At the time we submitted her AOS paperwork, we did not submit an I-131. Is it too late to submit the I-131 without payment, if I sent in the NOA for her I-485? Or now that the I-485 has been approved, will we need to pay the $305?

If your wife is here on a K3 visa, you do not need to submit an I-131, as she is permitted unlimited travel to and from the US.

From the USCIS website: Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

Here's the link: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Yes, but doesn't that change after she receives her green card? At that point the K-3 is invalid, right?

Yes, I believe so. I think then your status is C-1. One of the others further along in the process would know that better than me.

[buck501 0]

Paola traveled on her AP prior to recieving the GC. I bought the tickets in her maiden name, that matched her passport. The AP was in her married name. I sent along a certified copy of our mariae certificate as well as her apps for the GC. She did not have any problems. The only issue that came up was when she returned to Houston POE. They wanted both copies of the AP, she had only one. When we went for the AOS interview the CO also asked why we did not have a copy of the AP with some kind of stamp on it. It was all cleared up after some disscussion between folks at the POE. I would advise taking both copies. I have not seen where that it required but, it must be.

Poala recieved a new I-94 when she re-enterd the US.

[Mononoke28 135]

There you go, an answer from someone who already went through it.

Thanks Buck!

Diana

[M&J 0]

Hello!! Thank you for your replies!!

I bought the ticket on my married name (legal name) because i dont want to have any problems on my way back, my EAD, AP and DL are on my married name. For the DAS I guess my passport, colombian cedula and marriage certificate will do.. Thank you very much!!!

Saludos,

Marcela

[Matt y Fernanda 0]

I may have made an expensive error. My wife's I-485 was approved today. She will be a conditional resident, because we have not been married 2 years yet. At the time we submitted her AOS paperwork, we did not submit an I-131. Is it too late to submit the I-131 without payment, if I sent in the NOA for her I-485? Or now that the I-485 has been approved, will we need to pay the $305?

If your wife is here on a K3 visa, you do not need to submit an I-131, as she is permitted unlimited travel to and from the US.

From the USCIS website: Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

Here's the link: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Yes, but doesn't that change after she receives her green card? At that point the K-3 is invalid, right?

Yes, I believe so. I think then your status is C-1. One of the others further along in the process would know that better than me.

Thank you

[HAL 9000 96]

Hello!! Thank you for your replies!!

I bought the ticket on my married name (legal name) because i dont want to have any problems on my way back, my EAD, AP and DL are on my married name. For the DAS I guess my passport, colombian cedula and marriage certificate will do.. Thank you very much!!!

Saludos,

Marcela

Wise choice Marcela. Just make sure you get your miles deposited in the correct account...