What things can go wrong?

[tasksgirl]

Now that it looks like I'll be doing k3 I want to know what are the things that can go wrong in doing the AOS..

I am just worried that we will get approved in CDJ and then run into problems back in the U.S. and get everything we worked so hard for taken away..

The term "non-immigrant visa" also scares me..

[mrs.Lema623]

Why will you be doing the K3 now? I taught you were going to write a letter to have it cancelled, did i miss something on another thread?

[tasksgirl]

no.. I just don't know.. I don't think there's even time to have it cancelled.. I don't know what to do !!!

[mrs.Lema623]

Well in my opinion, but i am farley niew to all of this. I think the biggest thing will be that you wil have to pay the extra $1050.00 to adjust status and also wait for a few months before your hubby can work. I really dont know if there is anything that can go wrong. I dont know if they can just decided to not Adjust his stauts once he is here.

[kitkat1]

It's extremely unlikely that anything would go "wrong". Fill out the forms and pay the fee. Provide the necessary evidence. Most AOS is smooth and simple. A non-immigrant visa of this type is meant to adjust status - unlike a tourist visa, for example. There is really nothing to worry about.

[discoviking]

They call it a non-immigrant visa because you will adjust status in the US. I went through the same process back in the day when I came. There were no illegal entries or overstays in my case so no waivers to file, so except for the waiver part the process should be pretty much the same for you. Back then I got a K1, not a K3 though - probably because I was not married yet.

Basically what happened in my case was this:

- Fiance filed i-129 and affidavit of support with her father as co-sponsor.
- Medical appointment in Norway
- Visa interview at US embassy in Oslo. Fiancee not present. Short and sweet, approval on the spot. B1/B2 cancelled (The VWP was not in place back then) and K1 stamped in passport.
- Flew to JFK after graduating from college, mysterious brown envelope from embassy in hand.
- Arrived at JFK, and was taken aside by immigration (normal procedure) to review contents of mysterious brown envelope.
- Contents in order, entry stamp, I-551 stamp and 'Employment Authorized' stamp added to passport. Immigration official informed me I would be out of status if I did not get married within 90 days of arrival. Stated to Immigration official that the wedding was scheduled for the following month.
- Got married a month after entering the US
- Sent marriage certificate and additional info (don't recall what) to INS.
- AOS interview in NYC, approved on the spot.
- Green card did not arrive on time, went to INS to inquire and got an extension of I-551 stamp
- Green card arrives a year after AOS interview.

23 years later, N-400 filed. Approved on the spot in Feb 08.

[Adriane]

Tasks, please don't let my experience scare you.

I really think our situation was a random thing- plus we had some complications.

First, our adjudacator was not only a jerk, but I found out later he was very, very new. He didn't understand about throwbacks, he didn't understand that all Mexican males must register with their version of the selective service and kept asking my husband what his military rank was (he was never in the military, just registered, picked-up trash three weekends as volunteer duty and that was it.)

Also, Mr. Adriane left the US just 15 shy of incurring a 10 year ban so that he would only get a 3 year ban. They've always been suspicious of that. We did it on purpose because at that point we understood the law, but it raises red flags not just at AOS but at our consulate appointment, too.

And Mr. Adriane got caught and thrownback 3 times before he made it. The first time was in 2002 and he wasn't even trying to immigrate- he was brokering a sale of 4 tons of papayas and they got stuck in customs and he went over to see what was wrong. Somehow he just walked over (ah, the benefits of being blonde & green-eyed!) and was in the customs building when someone finally asked him about his papers and then he was taken into custody. He just went back home & didn't actually try to immigrate till 2004- but they have always half-believed that he just tried again after he was caught in 2002 with the papayas & made it, left & then entered again. That caused us difficulties at the consulate, too.

But I think our biggest problem was that we stayed in CDJ after his visa was approved and only recently moved to the US (like one week ago!) After he entered the day he got his visa, he entered & left the US probably 100 times. All of that got confusing for our new-by adjudacator, despite his "extensive training."

Now having said that, we did everything by the book- didn't break any rules, didn't do anything we weren't supposed to or misrepresent facts. Mr. Adriane really did enter & leave when we said he did, really didn't try again in 2002 and there was no legal reason why we couldn't stay in CDJ with his K-3 and enter multiple times. But it raises flags, especially when coupled with inexperience.

Your case is so much simpler. Tasks was brought in as a baby, which right there makes this whole thing easier as it truly wasn't his fault. Yes, he is illegally present but I think this works in your favor. He never registered with the Mexican selective service, he was never thrownback and he didn't leave 15 days shy of a larger ban. If you guys get his visa & immediately go home & wait there for AOS instead of crossing back & forth 100 times, I think you'll be fine.

Relax- even given your 'other concern' you have a very, very straight forward case. You'll be fine.

[djones9714]

Adriane: WOW, you really do have an interesting story to tell! I had no idea all of this was going on in your case -- makes me crazy too so I could imagine how crazy this new guy would be trying to decipher the immigration law as it applied to your case. However, you won and that is all that matters. You proved the law and for once it was on your side. Strong minded and strong willed -- that's what you are! Congratulations.

[JennyM]

Brit, STOP freaking out, you haven't even really got started yet....and you're probably scaring the newbies...everything will work out...stop stressing.

[kitkat1]

Brit, STOP freaking out, you haven't even really got started yet....and you're probably scaring the newbies...everything will work out...stop stressing.
:ditto:

If you're freaking out at this point, you'll never get through this process, let alone started!

[tasksgirl]

I don't know why everyone thinks I'm freaked out I'm just curious and asking questions.. I guess I'll stop.

[Adriane]

I think it's wise to ask questions- a lot of questions- and totally understand the process, how it should work, what can go wrong and what you can do if something bad happens. In the two years I have been a member of this site, I have seen a lot of tragic mistakes made that made the difference between an easily approvable case and years of separation- and most of them could have been avoided if the people involved were better informed. Thursday when our AOS looked so bad I was really upset when I realized that, for the first time in the process, I didn't know what we should do next if denied- appeal, MTR, etc. I, for one, always like to know everything about a process well before I take the first step, I don't think there's anything wrong with that.

But having said that, I think those of us who have gone ahead in the K-3 process can tell you that there really is very little to worry about, especially with a case as straightforward as yours. I suppose screw-ups can happen, but I think they are unlikely to. If you want to email me, I can help explain the process if you are still confused.

With that K-3 interview probably happening this summer, your husband could be a LPR by the fall. How amazing would that be!?!:bounce:

[kitkat1]

I don't know why everyone thinks I'm freaked out.

Not everyone - just two people commented. The reason I got that impression was because you asked what could go wrong, said you were worried, and that the term non-immigrant scared you. Just didn't seem like you were looking for information but instead that you were worried, scared and freaked out. Whatever. Ask your questions and get them answered. The more information you have, the better, obviously.