Background. Filed IR1 and K3. Wife has arrived in the USA on the K3. We are still working the IR1.
I was told by the consulate in Bangkok that the IR1 interview could be held in the USA.
I called NVC and they told me I need to notify the USCIS and submit form I-485 to inform them that my wife was now in the USA and her adjustment of status would need to be handled here in the USA. She said that the IR1 interview would be held in the USA.
has anyone ever done this?
I'm confused...
Any help would be appreciated.
Full Version: IR1 AOS in the US
VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion
hahuhobrad,
If your wife is going to apply for an immigrant visa, her interview for that will take place at the consular section in Bangkok.
If she's going to apply for adjustment of status by submiting form I-485, her interview for that - if one is required - will take place at a USCIS District or Sub office.
LPRs by adjustment of status are not classified as CR1 or IR1.
Yodrak
If your wife is going to apply for an immigrant visa, her interview for that will take place at the consular section in Bangkok.
If she's going to apply for adjustment of status by submiting form I-485, her interview for that - if one is required - will take place at a USCIS District or Sub office.
LPRs by adjustment of status are not classified as CR1 or IR1.
Yodrak
QUOTE(hahuhobrad @ Nov 20 2006, 05:12 PM) 
Background. Filed IR1 and K3. Wife has arrived in the USA on the K3. We are still working the IR1.
I was told by the consulate in Bangkok that the IR1 interview could be held in the USA.
I called NVC and they told me I need to notify the USCIS and submit form I-485 to inform them that my wife was now in the USA and her adjustment of status would need to be handled here in the USA. She said that the IR1 interview would be held in the USA.
has anyone ever done this?
I'm confused...
Any help would be appreciated.
I was told by the consulate in Bangkok that the IR1 interview could be held in the USA.
I called NVC and they told me I need to notify the USCIS and submit form I-485 to inform them that my wife was now in the USA and her adjustment of status would need to be handled here in the USA. She said that the IR1 interview would be held in the USA.
has anyone ever done this?
I'm confused...
Any help would be appreciated.
Yeah...I just talked to USCIS and they are saying the same thing. I guess this is a case where I'm just not gettting the answer that I want to hear.
The Lady who interviewed us in BKK was very nice. I explained that the IR1 was almost complete and would my wife have to come back to BKK for the interview to complete the IR1. (not the K3) and she said that we could get that interview at the local office in the USA. She said it may not be easy, that you basically have to make them do the interview, but we should be able to complet the I-130/IR1 process here in the USA. Now, I'm just trying to make that happen, but not having any luck.
The USCIS person I spoke with said that she would have to leave the country. He also said that USCIS had nothing more to do with her case and that I needed to discuss this with NVC.
I'm not sure what to do next. I don't want to send her all the way back to Thailand $$$ and I don't want to wait the extra time for her AOS her in the USA...and also pay for EAC when the IR1 cover's it. What a system.
I just remembered something else the lady in BKK told us. She said that once the IR1 packet was complete, they would send it to BKK. At that time, we would notify them that she is in the USA. Then, the USCIS office would have all her packet information sent to the USA and she could have her interview in the USA. hmmmmmmm.....
The Lady who interviewed us in BKK was very nice. I explained that the IR1 was almost complete and would my wife have to come back to BKK for the interview to complete the IR1. (not the K3) and she said that we could get that interview at the local office in the USA. She said it may not be easy, that you basically have to make them do the interview, but we should be able to complet the I-130/IR1 process here in the USA. Now, I'm just trying to make that happen, but not having any luck.
The USCIS person I spoke with said that she would have to leave the country. He also said that USCIS had nothing more to do with her case and that I needed to discuss this with NVC.
I'm not sure what to do next. I don't want to send her all the way back to Thailand $$$ and I don't want to wait the extra time for her AOS her in the USA...and also pay for EAC when the IR1 cover's it. What a system.
I just remembered something else the lady in BKK told us. She said that once the IR1 packet was complete, they would send it to BKK. At that time, we would notify them that she is in the USA. Then, the USCIS office would have all her packet information sent to the USA and she could have her interview in the USA. hmmmmmmm.....
hahuhobrad
When entering on a K-3, one has two choices to gain immigrant status. One can return to the consulate for the IR/CR immigrant visa whereby immigrant status (green card) is granted on entry. Or one can adjust status in the US from the K-3. Both have the same outcome....immigrant status. Your choice. Others that have chosen to adjust status have reported that they just let the NVC know of their wanting to adjust status in the US as they entered on the K-3.
When entering on a K-3, one has two choices to gain immigrant status. One can return to the consulate for the IR/CR immigrant visa whereby immigrant status (green card) is granted on entry. Or one can adjust status in the US from the K-3. Both have the same outcome....immigrant status. Your choice. Others that have chosen to adjust status have reported that they just let the NVC know of their wanting to adjust status in the US as they entered on the K-3.
QUOTE(hahuhobrad @ Nov 20 2006, 12:34 PM)
I just remembered something else the lady in BKK told us. She said that once the IR1 packet was complete, they would send it to BKK. At that time, we would notify them that she is in the USA. Then, the USCIS office would have all her packet information sent to the USA and she could have her interview in the USA. hmmmmmmm.....
She either explained it incorrectly or you understood it incorrectly.
A K-3 has *always* been for the purpose of reuinting families more quickly, not solving their immigration situation permanently.
Your choices have always only been
-Go back to BKK for the Immigrant Visa interview (she gets to be in the US with you while waiting for the file to complete)
-File for Adjustment of Status in the US
AOS may not take all that long, depending on where you live.
and the only way she's going to get an interview in the USA is if you submitt an I-485 to Adjust Status. Along with EAD application so she can get a SSN.
I'd hazard a guess that most K3s adjust status in the US, rather than return to home country for another intereiw.
Or, you return to BKK for the interview. Pick your poison.
I'd hazard a guess that most K3s adjust status in the US, rather than return to home country for another intereiw.
Or, you return to BKK for the interview. Pick your poison.
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