We anticipate my spouse will enter the US shortly under the K3. Meanwhile we’ve received our I-130 visa package and are preparing the docs to send in to the NVC NH

As I undertand it, after the I-130 package is received etc, it will forward to her home country US embassy ( frankfurt ) where an intervivew appt is set.

If my spouse enters under a K3, then we apply for an AOS after the I-130 is granted? Is there an interview is she is here? Does she have to return to her home country for the interview.... Sorry for the elementary inquiry. Any help is appreciated

Thanks

AOS interviews are conducted at local USCIS offices in the USA. She will not need to return to Germany.

G

However, you do not have to do AOS if you do not wish to. You can instead leave the I-130 in processing at the embassy & return to Germany for the interview if you wish. While that is not feasible for many people, it is an option. It will cost you airfare, etc to go back to Germany for the interview, but will cut out a lot of time and paperwork by not filing the AOS. (end result: you get your CR1/IR1 faster)

Really, it's just down to you what option works best in your particular case. Nice to know you have a choice though.

I entered the USA from Canada on a K3 visa and did the aos once I was here, had my aos interview in Charlotte NC. I arrived June 14 04 and almost 2 yrs later I had my greencard.

if you wish NOT to return to Germany for the interview, DO NOT send anything to the NVC!!!

If you want to file for AOS in the US, you have to wait till your wife enters on K3 and then file the paperwork.

It is a personal choice whether or not to go back to Germany for the interview.
Pros: faster status as resident, maybe chance to se family, already know embassy and people there(more comfortable)
Cons: cost of flight, short notice of interview date

Just make sure that you don't send anything to NVC if you don't want to return!!

thanks all for the information and response.

Is the AOS pretty much a guarentee with the successful entry for a K-3, so the issue is simply the length of time and paperwork until the green card is received? It seems that with another interview, there is in our case a small risk of denial at the interview... the personel seems to be such a crap shoot, I would almost sacrifice time and manage risk for sure, but longer, bet.

Much appreciated

There is no guarentee with AOS as there is no guarentee with Embassy/Consulor interview!!


I also entered on a K3 & then returned to England for my CR1 interview!!..............much faster way of getting greencard!!

My intuition agrees, I think the risk of denial at the CR1 interview is small. I am glad that I posted otherwise I would have submitted the package to NVC and expected she could do a AOS....

thanks all for the info.... just weaving my way.... sigh.