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Difference between regular AOS and 245(i)?????

Difference between regular AOS and 245(i)?????

Old Apr 9th 2001, 2:42 pm
  #1  
Michelle
Guest
 
Posts: n/a
Default

Hey guys!

Question for the experts. First of all, a bow of submission to the great and
wonderful authority of Grinch and others who advised AOS to begin with. As expected,
we wished we had listened or at least looked for answers earlier in the game. Anyway
- go right ahead O Mighty Green One and say it, "I told you so" <wink>. I am big girl
and can admit when I am wrong.

Okay, Gordon is now here in the US - entering legally on the visa waiver. He told no
lies at POE and had no problems getting in. Our congressperson's liason with the TSC
director is attempting to get our I-130 expedited due to my recent health problems
and impending surgery. But since TSC isn't moving anything in way of spousal visas,
we don't hold out much hope.

Our attorney (don't get me started - again I should have listened), mentioned filing
AOS under the 245(i) provision, paying the penalty and going from there. What would
be the difference in filing that way and filing under regular AOS procedures except
for paying the extra $1000?

The problem with doing regular AOS now is that not only will it take 90 days for a
work permit (which would be manageable as we had planned for a 90 day visitor stay
anyway), but it will take all the extra time for the I-130 to be sent up from TSC to
the Memphis (EEKK!) office. But wouldn't the same timeframe apply under the 245(i)
process as well?

I am confused as ever and all of the 245(i) apps have to be filed prior to April 30.
Any advice? I promise to listen. I have looked on the sites and asked the attorney,
but he only confuses me further.

Thanks in advance,

Michelle

PS - Another point of confusion, the atty says the K-3 visas will only be for those
who have waited for more than 3 years. I thought those received the V visas and
the K3's were for anyone awaiting an I-130 apart. Help! Please!
 
Old Apr 9th 2001, 10:40 pm
  #2  
Rete
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Posts: n/a
Default

Michelle

I'm confused as well. You and Gordon are married. He is here in the US "legally" how
can he file under the 245(i). I thought it was for those foreigners who were here
illegally (not examined at the POE). This would not pertain to Gordon. If this is
incorrect, either way, why does it have to be under the Section 245(i).

Again you are married, the I-130 is pending at the service center level, he is here
in the US, why can't you just file the I-485 at the local level, with a copy of the
I-130 that was filed at the service center level and that is pending and advise the
service center that circumstances have changed and that the recipient is currently
in the US (explain situation) and that you are filing the AOS at your state level
INS office.

Rita
 
Old Apr 10th 2001, 12:57 am
  #3  
Alvena Ferreira
Guest
 
Posts: n/a
Default

Michelle wrote:
    >
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Unless Cutiepie was in the US as of 12/20/00 and has been in the US since that time,
he does not qualify for the 245i benefits. And tell Cutiepie to quit posting when he
is stoned.
    >
    >
    >
    >

This attorney is obviously an ass who does not know that the V visa is for those who
have been waiting on spouse visas for 3 years, and they are only for spouses of
permanent residents. The K3 requires no waiting period, only that you have an
approved I-130, and there is no procedure in force for the k3 at this time. This
attorney obviously is not astute in immigration matters, and you would be well
advised to find another attorney.

alvena 245i pages at: http://www2.apex.net/users/thehydes/245i.html
 
Old Apr 10th 2001, 1:39 am
  #4  
paulgani
Guest
 
Posts: n/a
Default

Your attorney is an idiot for more than one reason.

You need not, nor are you able to file under 245(i). You can file AOS just under the
regular law - i.e. by filing the I-485.

As for your pending I-130 - abandon it, and then refile a combined I-130/I-485.

Paulgani

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congressperson's
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days
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Old Apr 10th 2001, 3:21 am
  #5  
Alex J
Guest
 
Posts: n/a
Default

Rete wrote: <snip> Again you are married, the I-130 is pending at the service
center level, he

    >
    >

From experience - they will not let you file the I-485 until the I-130 is approved.
But I guess it doesn't hurt to try.

Alex
 
Old Apr 10th 2001, 5:42 am
  #6  
Gordon
Guest
 
Posts: n/a
Default

    >
[usenetquote2]> > Our attorney (don't get me started - again I should have listened), mentioned[/usenetquote2]
[usenetquote2]> > filing AOS under the 245(i) provision, paying the penalty and going from there.[/usenetquote2]
[usenetquote2]> > What would be the difference in filing that way and filing under regular AOS[/usenetquote2]
[usenetquote2]> > procedures except for paying the extra $1000?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
    >
    >
    >

Huh?

[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > PS - Another point of confusion, the atty says the K-3 visas will only[/usenetquote2]
be
[usenetquote2]> > for those who have waited for more than 3 years. I thought those[/usenetquote2]
received
[usenetquote2]> > the V visas and the K3's were for anyone awaiting an I-130 apart. Help![/usenetquote2]
    >
    >
    >
    >
    >
    >
    >
attorney.

Well, the aty in question was recommended by AILA and is supposedly well versed in
immigration maters(he is an immigration atty, not a general atty actin on immigration
matters). However we take your point, this would not be the first time we have
wondered precisly how astute our atty was in nything related to spousal immigration.
 
Old Apr 10th 2001, 5:51 am
  #7  
Gordon
Guest
 
Posts: n/a
Default

    >
[usenetquote2]> > Our attorney (don't get me started - again I should have listened), mentioned[/usenetquote2]
[usenetquote2]> > filing AOS under the 245(i) provision, paying the penalty and going from there.[/usenetquote2]
[usenetquote2]> > What would be the difference in filing that way and filing under regular AOS[/usenetquote2]
[usenetquote2]> > procedures except for paying the extra $1000?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
    >
    >
    >
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > PS - Another point of confusion, the atty says the K-3 visas will only[/usenetquote2]
be
[usenetquote2]> > for those who have waited for more than 3 years. I thought those[/usenetquote2]
received
[usenetquote2]> > the V visas and the K3's were for anyone awaiting an I-130 apart. Help![/usenetquote2]
    >
    >
    >
    >
    >
    >
    >
attorney.
    >
    >
 
Old Apr 10th 2001, 5:56 am
  #8  
Gordon
Guest
 
Posts: n/a
Default

    >
[usenetquote2]> > Our attorney (don't get me started - again I should have listened), mentioned[/usenetquote2]
[usenetquote2]> > filing AOS under the 245(i) provision, paying the penalty and going from there.[/usenetquote2]
[usenetquote2]> > What would be the difference in filing that way and filing under regular AOS[/usenetquote2]
[usenetquote2]> > procedures except for paying the extra $1000?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

    >
    >
    >

Alvena... I think you have two posters confused. Gordon hasn't used the handle "pie"
in a very long time, and never has he used CutiePie Pudding. That is a different
person altogether, and in my opinion - I agree with Grinch's original assesment of
the person (Cutiepie that is).

But after I read the information of the 245(i), I came across the same conclusion
that you did. Thanks for backing it up.

[usenetquote2]> > PS - Another point of confusion, the atty says the K-3 visas will only[/usenetquote2]
be
[usenetquote2]> > for those who have waited for more than 3 years. I thought those[/usenetquote2]
received
[usenetquote2]> > the V visas and the K3's were for anyone awaiting an I-130 apart. Help![/usenetquote2]
    >
    >
    >
    >
    >
    >
    >
attorney.
    >
    >

I agree totally with that, Alvena, and have thought so from the start. I had to call
them back and correct *5* mistakes they had made on JUST the simple I-130 forms
<rolls eyes>. What would be the best thing to do to complain about him? He is
supposedly an ALIA attorney and was recommended by them. He is also the liason and
mentor for the local INS suboffice in Memphis. Maybe that is their problem????

Thanks,

Michelle
 
Old Apr 10th 2001, 5:58 am
  #9  
Gordon
Guest
 
Posts: n/a
Default

Thanks, Rita.

At least I feel better that I wasn't the only one confused by all this.

I will give the congressperson's office a few more days to reply about the medical
problem, but then I think we will be paying a visit to the Memphis INS office with a
new load of forms.

Thanks,

Michelle

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he
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that
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and
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Old Apr 10th 2001, 5:58 am
  #10  
Gordon
Guest
 
Posts: n/a
Default

Thanks, Paul. This is exactly what we are looking into.

Michelle

    >
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just
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[usenetquote2]> > Hey guys![/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Question for the experts. First of all, a bow of submission to the[/usenetquote2]
great
[usenetquote2]> > and wonderful authority of Grinch and others who advised AOS to begin[/usenetquote2]
    >
[usenetquote2]> > As expected, we wished we had listened or at least looked for answers earlier in[/usenetquote2]
[usenetquote2]> > the game. Anyway - go right ahead O Mighty Green One and say[/usenetquote2]
    >
[usenetquote2]> > "I told you so" <wink>. I am big girl and can admit when I am wrong.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Okay, Gordon is now here in the US - entering legally on the visa[/usenetquote2]
waiver.
[usenetquote2]> > He told no lies at POE and had no problems getting in. Our[/usenetquote2]
    >
[usenetquote2]> > liason with the TSC director is attempting to get our I-130 expedited[/usenetquote2]
due
    >
[usenetquote2]> > my recent health problems and impending surgery. But since TSC isn't[/usenetquote2]
    >
[usenetquote2]> > anything in way of spousal visas, we don't hold out much hope.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Our attorney (don't get me started - again I should have listened), mentioned[/usenetquote2]
[usenetquote2]> > filing AOS under the 245(i) provision, paying the penalty and going from there.[/usenetquote2]
[usenetquote2]> > What would be the difference in filing that way and filing under regular AOS[/usenetquote2]
[usenetquote2]> > procedures except for paying the extra $1000?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > The problem with doing regular AOS now is that not only will it take 90[/usenetquote2]
    >
[usenetquote2]> > for a work permit (which would be manageable as we had planned for a 90[/usenetquote2]
    >
[usenetquote2]> > visitor stay anyway), but it will take all the extra time for the I-130[/usenetquote2]
to
[usenetquote2]> > be sent up from TSC to the Memphis (EEKK!) office. But wouldn't the[/usenetquote2]
same
[usenetquote2]> > timeframe apply under the 245(i) process as well?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I am confused as ever and all of the 245(i) apps have to be filed prior[/usenetquote2]
to
[usenetquote2]> > April 30. Any advice? I promise to listen. I have looked on the sites[/usenetquote2]
    >
[usenetquote2]> > asked the attorney, but he only confuses me further.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Thanks in advance,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Michelle[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > PS - Another point of confusion, the atty says the K-3 visas will only[/usenetquote2]
be
[usenetquote2]> > for those who have waited for more than 3 years. I thought those[/usenetquote2]
received
[usenetquote2]> > the V visas and the K3's were for anyone awaiting an I-130 apart. Help! Please![/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Apr 10th 2001, 10:22 am
  #11  
Alvena Ferreira
Guest
 
Posts: n/a
Default

Please allow me to apologize...evidently i got people mixed up. Mea culpa, I'm down
on my knees. alvena

Gordon wrote:
    >

[usenetquote2]> > Michelle wrote:[/usenetquote2]
[usenetquote2]> > > Our attorney (don't get me started - again I should have listened), mentioned[/usenetquote2]
[usenetquote2]> > > filing AOS under the 245(i) provision, paying the penalty and going from there.[/usenetquote2]
[usenetquote2]> > > What would be the difference in filing that way and filing under regular AOS[/usenetquote2]
[usenetquote2]> > > procedures except for paying the extra $1000?[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
    >
[usenetquote2]> > Unless Cutiepie was in the US as of 12/20/00 and has been in the US since that[/usenetquote2]
[usenetquote2]> > time, he does not qualify for the 245i benefits. And tell Cutiepie to quit[/usenetquote2]
[usenetquote2]> > posting when he is stoned.[/usenetquote2]
    >
    >
    >
    >
    >
    >
    >
    >
    >
[usenetquote2]> > > PS - Another point of confusion, the atty says the K-3 visas will only[/usenetquote2]
    >
[usenetquote2]> > > for those who have waited for more than 3 years. I thought those[/usenetquote2]
    >
[usenetquote2]> > > the V visas and the K3's were for anyone awaiting an I-130 apart. Help![/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > This attorney is obviously an ass who does not know that the V visa is for those[/usenetquote2]
[usenetquote2]> > who have been waiting on spouse visas for 3 years, and they are only for spouses[/usenetquote2]
[usenetquote2]> > of permanent residents. The K3 requires no waiting period, only that you have an[/usenetquote2]
[usenetquote2]> > approved I-130, and there is no procedure in force for the k3 at this time. This[/usenetquote2]
[usenetquote2]> > attorney obviously is not astute in immigration matters, and you would be well[/usenetquote2]
[usenetquote2]> > advised to find another[/usenetquote2]
    >
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > alvena[/usenetquote2]
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Old Apr 10th 2001, 2:48 pm
  #12  
Rete
Guest
 
Posts: n/a
Default

Michelle

Do you think that you might have misunderstood the attorney. They sometimes have a
way of talking that makes things confusing. As such as they start talking about the
various methods and rules and regulations and you can easily get confused as there
are several options. Working for attorneys (although corporate work is although
together different) I can see that they sometimes rattle on and they know what they
mean but the lay person can be easily lost.

Rita

    >
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    >
    >
with.
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it,
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congressperson's
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to
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moving
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days
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day
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and
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Old Apr 10th 2001, 3:40 pm
  #13  
Gordon
Guest
 
Posts: n/a
Default

"Alvena Ferreira" <[email protected]> wrote
    >
    >

No Problem Alvena. When I was last posting, I saw that "cutiePie..." person posting.
I'd already jettisoned the "Pie" handle, but I knew it was only a matter of time
before confusion set in.

- Gordon
 
Old Apr 11th 2001, 9:04 am
  #14  
Michelle
Guest
 
Posts: n/a
Default

    >
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sometimes
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they
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Rita

I don't think we misunderstood him. This isn't the first time he has given us
'strange' advice. At first, when we had to correct 5 mistakes just on our I-130 app,
I was a bit put off. Then when he gave us advice a few months ago that did not even
apply to our case, I thought that maybe he had us mixed up with another couple. But
after this, I think I am out of excuses for him. Besides, he generally communicates
by email. That is a little difficult to misunderstand. But thanks.

Michelle

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great
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waiver.
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due
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to
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same
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to
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be
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received
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Old Apr 11th 2001, 11:12 am
  #15  
Rete
Guest
 
Posts: n/a
Default

Michelle

I can't defend incompetency but there are many immigration attorneys out there and if
you feel that you need one (and in your situation you might) then find another one.
Go for a $50 consultation, armed with all the right information and ask questions
that will tell you right off if they know their stuff.

Rita
 

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