jrusch

Hey folks, can anyone tell me what steps I should take in this. My
wife went to her home country to see her mom in August. She has a k3
but it was expired in July. We didnt realize it because we were
looking at the date on the I94 which showed Sept 20,2004. Had we
known this she would have taken the trip earlier. We didnt file for AP.
We filed for AOS back in March. Our I 130 petition was approved in
order for us to do that. I contacted my congressmans office about his
and they made emails to the local USCIS.

Well, my wife got a k3 renew and I just flew to LAX to pick her up. Yep,
right in the middle of the communtications nightmare. I got stuck in
San Antonio Tuesday night for 2 hours in route to LAX.
Anyway, the immigration officer said that her k3 is good for 2 years and
she needed to file for AOS which she said we did. She said that after
the I94 date expires she could actualy be here illegally. I have never
heard of that. Whats more is her k3 visa shows a expiration date of
2006.

Tuesday afternoonI got a letter in the mail from my congressman stating
that their contact at Tampa INS has been notified about accidental
abandonment and is supposed to send the I130 to the NVC andhe would get
in touch with me on the time of that. I also talked to the
congressmans office today about my wife being here now. the Aid said
she would send an email to Tampa asking if we need to do another AOS
or what. She said this could become a serious issue and not to have
all your eggs in one basket. Said to seek advice of an immigration
lawyer because we contacted the USCIS.

After having said all of this, can anyone give me some advice one what
I should do to maybe cause Tampa to keep our AOS or to possible
file it again. I wouldnt mind doing that f I hadto. I just dont want to
see her deported

John

Michael D. Young

[email protected] wrote:

    > Hey folks, can anyone tell me what steps I should take in this. My
    > wife went to her home country to see her mom in August. She has a k3
    > but it was expired in July. We didnt realize it because we were
    > looking at the date on the I94 which showed Sept 20,2004. Had we
    > known this she would have taken the trip earlier. We didnt file for AP.
    > We filed for AOS back in March. Our I 130 petition was approved in
    > order for us to do that. I contacted my congressmans office about his
    > and they made emails to the local USCIS.
    > Well, my wife got a k3 renew and I just flew to LAX to pick her up. Yep,
    > right in the middle of the communtications nightmare. I got stuck in
    > San Antonio Tuesday night for 2 hours in route to LAX.
    > Anyway, the immigration officer said that her k3 is good for 2 years and
    > she needed to file for AOS which she said we did. She said that after
    > the I94 date expires she could actualy be here illegally. I have never
    > heard of that. Whats more is her k3 visa shows a expiration date of
    > 2006.
    > Tuesday afternoonI got a letter in the mail from my congressman stating
    > that their contact at Tampa INS has been notified about accidental
    > abandonment and is supposed to send the I130 to the NVC andhe would get
    > in touch with me on the time of that. I also talked to the
    > congressmans office today about my wife being here now. the Aid said
    > she would send an email to Tampa asking if we need to do another AOS
    > or what. She said this could become a serious issue and not to have
    > all your eggs in one basket. Said to seek advice of an immigration
    > lawyer because we contacted the USCIS.
    > After having said all of this, can anyone give me some advice one what
    > I should do to maybe cause Tampa to keep our AOS or to possible
    > file it again. I wouldnt mind doing that f I hadto. I just dont want to
    > see her deported
    > John

I normally don't have anything good to say about lawyers, but I think your
have crossed out of DIY/ask the Newsgroup territory. I assume you have ran
all this past Ray B. and if he can't help you need to be talking to an
attorney.

celinelopez

this matter's already resolved. the US Embassy in Manila extended his wife's k3.

HunterGreen

Uhm, Celine... Why don´t you read the OP´s post again and then start typing?

Jrusch,

Seeing how long the communication lines at USCIS are, it wouldn´t surprise me if the contact in Tampa and-or your congressman were supposed to have been notified before it got resolved, but only got notified after the extention was awarded.

If I think about it logically, I would say that since your K3 got EXTENDED, we are still talking about the original K3 so the AOS would still be valid.
I´m thinking the reason that it´s valid until 2006, is because the extention is valid for 2 years. Being how the immigration officer didn´t know the complete background, I think that´s why she said to file for AOS (because that would be normal to say to an original K3 entrant). I also think she was wrong about the I94 experation and being illegal. (Unless this is the normal thing for K3´s during AOS processing, but then it wouldn´t be illegal but ´status pending´).

There´s a lot of ´I think´s´ there... that´s because it´s only what my take on it is, so don´t take it as gospel (which I know you won´t). But my honest opinion is that everyone that talked to you about ´illegal´ and ´serious issue´, doesn´t have the complete picture and therefor couldn´t inform you right.
Your wife is here perfectly legal in K3 status, so I definitely wouldn´t worry about her getting deported. The matter of having to file AOS again could be a hassle and a PITA, but I doubt it will be a ´serious issue´.
I agree with the advice the aid gave you and Michael here. Get a consult with an immigration lawyer, paint the complete picture and go from there. But I would definitely not worry too much about serious consequenses, because you haven´t done anything wrong or illegal.

Remember I´m only giving my opinion here... but sometimes hearing what someone else thinks about it helps as much as getting The Answer, right?
Hopefully it helped anyway... lol!

Good luck again!
Elaine

celinelopez

oops sorry abt that... serves me right for not reading (but hey i bumped up the post!) (bump)

jrusch

Hey guys
Thanks for the posts. Here is what happened today. I talked to the
local congressmans office today. I went there and let her have a
copy of my wife k3 and I94. Later when we got home she had gotten a
call from the Tampa INS. What told to have us make an appt for Friday
or Monday. THe lady, Josie , told the INS girl that they should
realize that will be impossible. Then the ins lady told her to have
us file the AOS packet again today and attach a message on the
package and on the inside of it to do a local receipt per a certain
lady. It was said that packages can be transferred to another building
and it might take a week for a receipt. In this way the package stays
at the main spot and a receipt can be made quickly. It needs to have a
receipt date of Sept 20 or earlier because the I94 expires on that date.
We have fedex it and it will arrive at 8:30am friday so they will have
2 full days to receipt it. We also filed for a new EAD since the one
she has now will eventually be voided.

We are both breathing easier and really have had actually eaten good
today for the first time in 3 weeks. I have lost 16ibs through all of
this. went from 204ibs down to roughly 188ibs. Not a good way of
losing weight I can tell you that.

As a side note,,,,the plane trip to get her was not easy either. My
plane got caught in the power failure that LAX had and I was halfway
to LAX at the time. Spent 2 hours in San Antonio TX. It took me 23
hours to get back to Tampa from the time I left. Got there at 5:30pm
when it should have been about 10am. It will take me several days to
catch up on sleep but I got my love with me so I can deal with it.

cya

John