Club Colombia AOS!

[ColombianoGringo 0]

One more note about my wife's POE. I just asked her and she said that the entry officer did not give her back her I-94. I will double check this evening, but I don't ever recall seeing it when looking at her passport and other travel documents upon her arrival. I read that we can request a replacement from USCIS so I suppose that will be necessary before filing AOS.

[Mononoke28 135]

It has been a while since I have posted. Sounds like things are moving along for folks, some slower then others.

I made a mistake when I did not bring Paola's son to the US with her at the same time. We recieved notice that he has to have an interview for his GC. They will not let me inturpet for him. I will need to figure out where to get someone for that task.

I should back up some..................I have sold my biz, moved to the Seattle area. We had Paola's interview in Oregon where we were told that we would not need another interview for her son. He is 14 years old. Now I have to provide all the same info as before. Proof of marriage, divorce papers, bank statements ect. I took some time off after selling the biz in March. I have got a job as of the 1st of Aug. Not much employment history and no income for April thru Aug. We were told they will not accept the money I recieve from the sale of my biz as proof of support. Sheesh, he is fourteen. What are they going to do, send him back to Colombia to live on the streets? In the mean time Paola's application for the 10 year GC is comming up in 9 months. More hassel I spose.

Hey Buck! Nice to see you again. Don't worry about the income issue as long as you have tax returns from last year and recent pay stubs from your new. Oh and letter of employment. That's what most of us showed at the embassy and sent for AOS and didn't have any issues, so you shouldn't either. The I-864 clearly states that you only need that last year's tax returns and nothing more.

Diana

[Mononoke28 135]

Hi everybody,

I finally decided to start looking into AOS and I have a few questions. I figured I'd rather ask the Colombia Club usual suspects instead of the VJ community at large. I just prefer the people I've come to like and trust.

First off, I am a bit concerned because I don't think that my wife's POE was handled correctly by ICE. I had always heard that she would be sent to a special office for additional processing. Well, she wasn't. The POE officer didn't speak Spanish and didn't' seem to know what to do so he just stamped her passport and sent her on her way. They didn't even look at her big envelope or give her any other forms. Is this going to cause any trouble for us? If so, what should we do about it?

Also, I am curious as to whether we should wait a while before filing AOS. We were married in June 2007 and my understanding is that if her AOS is approved before June 2009, she will be given Conditional Permanent Residency and will have to file for Removal of Conditions at some point in the future. We aren't in a particular hurry because there is no need for her to work. I suppose the only drawback to waiting is that she can't get a drivers license although there is no big hurry there either. When would be a good time to file AOS to make sure that it is approved after next June and thereby avoid Removal of Conditions?

Thanks a lot,

CG

Hey CG,

If I were you, I would wait. Mainly because you have said that she does not need to work, so no need for the EAD and K3 visa holders can fly back to the US if they leave the country for whatever reason, so no need for the AP. And if you say she doesn't need a driver's license for now, then why not wait until March or April to file which is in less than 6 months? That way you'll get the 10 year green card instead of the conditional one.

And yes, you need the I-94 to file.

Diana

Edited October 22, 2008 by Mononoke28

[ColombianoGringo 0]

Thanks Diana,

I was looking at the fee schedule and it seems like even if she did need or want to work, it would make more sense to just request EAD now and wait to file AOS. The EAD fee is only $340, whereas the Removal of Conditions is $545. I realize that EAD is free when you pay the AOS fee, but it would still appear to be $205 cheaper to pay for EAD separately now and file AOS next year to avoid the hassle and expense of Removal of Status.

Is there something I'm missing in that scenario? Otherwise, is there some way to file AOS in order to get EAD, but slow down the process enough to the point that she wouldn't be approved until late next year?

She might get bored and decide she wants to work part time. Also, I have a side company for which she could work. I don't know if that would require EAD since we wouldn't necessarily have to cut her a paycheck.

This is all hypothetical since she seems pretty content to stay at home and chill for the moment. After all, she worked and went to university full time for many years. I don't see anything wrong with her taking it a bit easier these days. I am not exactly hating her awesome home cooking either. Going home for a great home cooked lunch is pretty great

CG

[HAL 9000 96]

IMO, CG... if she'd like to work PT or FT for your side gig... make sure everything is legit. Are you guys going to consider naturalization at some eventual point? That might influence your decision as a matter of time to do AOS. The sooner the better, IMO.

[Mononoke28 135]

CG,

It still makes more sense to wait until next year to file for AOS. You can file for her EAD now and only pay $340 but you still have to pay the $1,010 fee for AOS next year, so it would be $1,350 total. If you don't file for EAD now and wait to file for AOS, it's only $1,010 and you still won't have to file to Remove Conditions. Besides, she would only be able to use her EAD card for about 4 months if you file now since it would take the USCIS at least 3 months to approve approve it.

It's a bit personal but I personally think that she is in a very fortunate position where she doesn't have to work and is able to focus on studying English full time is she wishes to do so. Not a lot of people can afford to do that, so this would be the perfect time to take advantage of that AND get her 10 year green card next year. I've told my husband to do that as well and study, study, study but he still wanted to work to help out a bit. The good thing is he came in with a CR1 visa but for me the most important thing is to learn English 100%.

Diana

[ColombianoGringo 0]

I think that either way, we are just going to wait until next year to file for AOS. The biggest hassle is that she won't be able to get a drivers license until then. We are going to talk about EAD, but that remains low on the priorities for the moment.

As far as the English, she know some from taking classes during college, but she needs a lot of work to get to a good level. Unfortunately, we procrastinated and waited too long to get her registered for classes this semester. There was a free class at the local junior college that she tried, but it was pretty pointless. There was only one class for all proficiency levels and the teacher taught the same thing to everyone at the same time. She felt lost and decided to not continue. We opted to get her started using Rosetta Stone for the time being. She likes it and is progressing through the lessons. She will start more formal classes in a few months. Either way, learning English and finishing her law school thesis are the biggest priorities right now.

[Mononoke28 135]

Besides, the holidays are coming up and who wants to work or go to school during that time?

Diana

[HAL 9000 96]

Besides, the holidays are coming up and who wants to work or go to school during that time?

Diana

Diana Shhhhh...

CG- remember that that law degree, once completed, may open up many doors for her over there as soon as she gets her credentials evaluated stateside. Perhaps not as an attorney (with all the extra state bar exams, etc), but certainly in the business world.

[ColombianoGringo 0]

That's what we're hoping for. She definitely couldn't sit for the bar exam with that degree from Colombia, but she could use it to get some other professional job. She was a branch manager for a large staffing company in Colombia so she might pursue something in that field. I happen to know a lot of people in that field here in town so she would have an easy time getting her foot in the door. However, she still needs to improve her English so she can really do well. Good bilingual skills would be an asset here in Houston.

[HAL 9000 96]

Wow that's cool. My wife is in the Industrial/Organizational Psych sector so she will go into HR administration eventually. Lots of cash in that field with very little downsizing I hear. But yes... first is English.

[Juan Carlos 0]

CG, good to see you again, my tocayo friend.

I don't remember when was the last time I posted, but basically I've enjoyed the first few weeks with my wife at home. It is such an amazing feeling! I am sooo glad the previous stage is over.

She is adjusting to the US, and struggling a bit with the language. For that reason, I decided to apply for AOS and EAD as quickly as possible (there is no way I can drive her to her english classes *need to work*, and I know eventually she'd like to get a job). So I sent all the documents on Oct 16th. Today I got NOA1, dated Oct 22nd. Hopefully we'll be able to start the new year with a SS card.

Both receipts came with "MSC" letters for the case number, but I noticed the National Benefits Center only handles the EAD cases, not the I-485s. Do you know if the case gets transfered to the field office, or how does it work from here?

Thanks, guys.

Juan Carlos.

[HAL 9000 96]

Halloween Bump

Any scary AOS stories to tell?

[paisita411 0]

CG...the K3 visa your wife came with will allow her to get a drivers license. She will need to take her passport to the DMV along with her I-94. We had no problem with Oscar's DL. There are many DMVs that have practice tests online. We went on several DMV sites around the country and Oscar passed the written test in two tries.

I agree, English is a priority, but sitting at home won't help. Oscar is taking continuing education courses at a local university and is one course from the last level. I'm soooo proud of him. He's been just shy of a year and is speaking almost fluently. But a lot of that has to do with being able to work in an environment where only English is spoken. Like in Diana's case, Oscar didn't have to work to support us, but he didn't feel right sitting at home (really, that's an understatment..he was going crazy while waiting for the EAD). Being able to work has allowed him to meet people, and most importantly, practice speaking English.

We waited a while to file the AOS too, with same thinking you have. We wanted to avoid the temporary card. Well our 2 year anniversary was in July and funny thing is we prayed all that the card wouldn't arrive. That was in July, now we're on pins and needles waiting for our interview/approval.

I don't think that if you apply now for the AOS, you'll be approved before six months, but to ensure that you don't, you can always file the AOS and purposley omit some documentation (vaccines, tax returns..), that will gaurantee you a place in line, save you the seperate EAD filing fee and prompt issuance of an RFE that you can 'hold on to' for a few months to make sure you're beyond the 2 year anniversary.

That's just food for thought.

Dre

[paisita411 0]

CG...the K3 visa allows your wife to get a drivers license. My husband also came here on a K3 and we had no trouble getting his license. She will need to take her passport to the DMV along with her I-94.

I agree that learning English is a priority for her, but sitting at home won't help. While my husband is taking continuing education courses at a local university. In 12 mos he's been here he is speaking English fluently and is one course shy from completing the ELS program. I credit his achievement no only to his tenacity and discipline with his studies, but also to being able to work in an environment where only English is spoken. Like in Diana's case, Oscar didn't have to work to support us, but he didn't feel right sitting at home (really, that's an understatment..he was going crazy while waiting for the EAD). Being able to work has allowed him to meet people, and most importantly, practice speaking English. He'll be the first to say that he was able to apply all he was learning once he was forced to converse with others. Before that it was all theoretical, because unfortunately for him, we don't speak to each other in English. (I tried, but it didn't work) Even if she did some volunteer work at a local church or school, this would give her the opportunity to practice.

We waited a while to file the AOS too with same thinking you have. We wanted to avoid the temporary card. We filed in Feb, 5 mos prior to our 2 year anniversary. We still haven't been approved or had an interview. My husband got his EAD in April, about 2 mos after filing and nothing else since. At least he now has a Social Security number. With that I was able to add him to my bank account and he has started establishing credit.

I don't think that if you apply now for the AOS, you'll be approved before six months, but to ensure that you don't, you can always file the AOS and purposley omit some documentation (vaccines, tax returns, ect..). That will gaurantee you a place in line, save you the seperate EAD filing fee and prompt issuance of an RFE that you can 'hold on to' for a few months to make sure you're beyond the 2 year anniversary. That's just food for thought.

Dre