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Old 11-02-2006, 07:47 PM   #1 (permalink)
Csmouritz
 
Posts: 1
Default AOS interrupted?

I had sent a package to Chicago for AOS (including I-130/I485 etc.). I
didn't have immigration intent when I came to US (on a tourist visa),
but our fault was to be ignorant about the immigration laws and the
lenght of the whole process. After reading the many threads about the 10
feet pole issue and the so many problems that my wife and I could
possibly have in the future, we are thinking of another possibility: to
file thru my country local consulate. As we already sent the package
here, we are wondering if it is possible to interrupt (withdraw) the
process and restart from my country... Do we have to start it all over
again, or the I-130 can still be used for the local consulate? (I
checked and my country's consulate doesn't accept DCF). Do you think the
fact that we started the process here can create us problems on the
local consulate?
Thanks,
CS
 

Old 11-02-2006, 07:57 PM   #2 (permalink)
Noorah101
 
Posts: 12637
Default Re: AOS interrupted?

> I had sent a package to Chicago for AOS (including I-130/I485 etc.). I
> didn't have immigration intent when I came to US (on a tourist visa),
> but our fault was to be ignorant about the immigration laws and the
> lenght of the whole process. After reading the many threads about the
> 10 feet pole issue and the so many problems that my wife and I could
> possibly have in the future, we are thinking of another possibility:
> to file thru my country local consulate. As we already sent the
> package here, we are wondering if it is possible to interrupt
> (withdraw) the process and restart from my country... Do we have to
> start it all over again, or the I-130 can still be used for the local
> consulate? (I checked and my country's consulate doesn't accept DCF).
> Do you think the fact that we started the process here can create us
> problems on the local consulate?
> Thanks,
> CS

Hi CS,

As long as you didn't have immigrant intent at the POE, I don't see any
problem with the way you've currently done things.

Rene
 
Old 11-03-2006, 11:34 AM   #3 (permalink)
Nilda
 
Posts: 146
Default Re: AOS interrupted?

I also came here as a tourist ... have no intention of immigrating but on my 3rd visit I met my husband and we got married... we were granted GC with no problem...Just be honest.

Best Regards..

---
posted via:
http://www.visaforyou.org/eng/
 
Old 11-03-2006, 07:18 PM   #4 (permalink)
mariuspurcaru
 
Posts: 1
Default Re: AOS interrupted?

Hello whoever you are, whatever your name is.

I'm in the same situation as you are, but I have not come here with a
visitor visa, but fiancee one. I haven't had yet any problems, but as
you're here as a visitor, you'll have a lots of them. The best will
have been for you to get back in your citizenship country, and than
apply for a fiancee visa (or marriage one).

It is not fair for many people to get to USA as a visitor, meet their
mate and than, applying to change your status in USA.

My recommendation'll be: Go back in your country; apply for
fiancee/marriage visa. Than, you'll be free to get in USA without any
problems, and you won't have any problems. I assure you.

Enjoy your staying in USA.

csmouritz wrote:
> I had sent a package to Chicago for AOS (including I-130/I485 etc.). I
> didn't have immigration intent when I came to US (on a tourist visa),
> but our fault was to be ignorant about the immigration laws and the
> lenght of the whole process. After reading the many threads about the 10
> feet pole issue and the so many problems that my wife and I could
> possibly have in the future, we are thinking of another possibility: to
> file thru my country local consulate. As we already sent the package
> here, we are wondering if it is possible to interrupt (withdraw) the
> process and restart from my country... Do we have to start it all over
> again, or the I-130 can still be used for the local consulate? (I
> checked and my country's consulate doesn't accept DCF). Do you think the
> fact that we started the process here can create us problems on the
> local consulate?
> Thanks,
> CS
>
> --
 
Old 11-05-2006, 12:59 AM   #5 (permalink)
Airborne83x
 
Posts: 31
Default Re: AOS interrupted?

> I had sent a package to Chicago for AOS (including I-130/I485 etc.). I
> didn't have immigration intent when I came to US (on a tourist visa),
> but our fault was to be ignorant about the immigration laws and the
> lenght of the whole process. After reading the many threads about the
> 10 feet pole issue and the so many problems that my wife and I could
> possibly have in the future, we are thinking of another possibility:
> to file thru my country local consulate. As we already sent the
> package here, we are wondering if it is possible to interrupt
> (withdraw) the process and restart from my country... Do we have to
> start it all over again, or the I-130 can still be used for the local
> consulate? (I checked and my country's consulate doesn't accept DCF).
> Do you think the fact that we started the process here can create us
> problems on the local consulate?
> Thanks,
> CS

Hey there, I came with Tourist visa back in June 2004. They given me 6
months i-94. Some how i found a company to sponsor me so they filed h2b
visa for me. Took forever and i bet it's still pending hehe but in the
mean time i found my love. Filed in March 2006 and now i'm a greencard
holder (didn't receive the card yet but stamp yes)

Just don't LEAVE! You came here, stay here until you get all the
paperwork done. Dont even visit your country. Get your Greencard then do
whatever you want.

Immigration Law - As long as you entered the U.S. Legally and have not
received any Deportation letters etc you're good.
 
Old 11-05-2006, 01:10 AM   #6 (permalink)
Noorah101
 
Posts: 12637
Default Re: AOS interrupted?

> Hey there, I came with Tourist visa back in June 2004. They given me 6
> months i-94. Some how i found a company to sponsor me so they filed
> h2b visa for me. Took forever and i bet it's still pending hehe but in
> the mean time i found my love. Filed in March 2006 and now i'm a
> greencard holder (didn't receive the card yet but stamp yes)
>
> Just don't LEAVE! You came here, stay here until you get all the
> paperwork done. Dont even visit your country. Get your Greencard then
> do whatever you want.
>
> Immigration Law - As long as you entered the U.S. Legally and have not
> received any Deportation letters etc you're good.

I'm not sure I would agree with this statement. I'm not a lawyer, but
just entering legally (like on a VWP) and not having a deportation
letter, doesn't necessarily mean AOS will be successful.

Rene
 
Old 11-05-2006, 01:12 AM   #7 (permalink)
-Folinskyinla
 
Posts: 994
Default Re: AOS interrupted?

> I had sent a package to Chicago for AOS (including I-130/I485 etc.). I
> didn't have immigration intent when I came to US (on a tourist visa),
> but our fault was to be ignorant about the immigration laws and the
> lenght of the whole process. After reading the many threads about the
> 10 feet pole issue and the so many problems that my wife and I could
> possibly have in the future, we are thinking of another possibility:
> to file thru my country local consulate. As we already sent the
> package here, we are wondering if it is possible to interrupt
> (withdraw) the process and restart from my country... Do we have to
> start it all over again, or the I-130 can still be used for the local
> consulate? (I checked and my country's consulate doesn't accept DCF).
> Do you think the fact that we started the process here can create us
> problems on the local consulate?
> Thanks,
> CS

Hi:

The 10-foot pole is often misunderstood. If there is damage, it is
ALREADY done. If there is no damage, there is no damage. Changing to
consular processing won't change that.

A legal consulation might be in order just to see where you stand and
put your mind at ease.
__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
 
Old 11-05-2006, 01:15 AM   #8 (permalink)
Airborne83x
 
Posts: 31
Default Re: AOS interrupted?

> I'm not sure I would agree with this statement. I'm not a lawyer, but
> just entering legally (like on a VWP) and not having a deportation
> letter, doesn't necessarily mean AOS will be successful.
>
> Rene

If it's in good faith of course and honesty. When i got my b2 visa, i
was sure that i'll get back home in 4 months (plane ticket) but
something happened I loved the life style over here. God showed me the
way and sent me my love of my life too. There is nothing i could have
asked more than this. (Also a beautiful girl)

AOS was perfect, few questions here and there and got the Stamp. I was
soooo worried to be denied because i overstayed

I didn't have a status when they applied H2b visa for me... never
received any paper too
 
 


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