Hi,

Does the embassy automatically get sent both the I-130 and the K3? Or do I have to have the embassy request the I-130? I had them both approved. But the embassy only has the K3. Im thinking maybe the 130 will eventually be sent to the embassy. If they do receive it before our interview date for the k3 will asking them to switch set us back time wise?

I thought I-130 is form used to apply for K3 visa? Do I have it mixed up?

[quote name='Nixz_Chi' date='Nov 15 2007, 12:40 PM' post='1333057']
I thought I-130 is form used to apply for K3 visa? Do I have it mixed up?
[/quote

Im no expert but I do know that I need the I-130 do the k3 which is quicker but which ever one the embassy gets is the one the interview is for. but the the 130 is best because they get an instant green card (more or less). Im getting a lil scared because I think once I got the 130 approved I was supposed to file something and my lawyer didnt inform me. But right now Im trying to figure it out online but Im confused by somethings.

NVC should have contacted you/your lawyer about choice of agent, payment of IV bill, I-864 etc for the CR-1/IR-1 visa.

zee, no one notified me, so what should i do? who should I contact?

Both the K3 and the I130 go to NVC for processing. The K3 gets out of NVC much faster than he I130 which is why the embassy usually gets it first and they don't know that there is an I130 coming. NVC continues what they do with the I130 and then contacts you to find out if you want it forwarded to the embassy when they are done. That decision is usually based on how far along you are with the K3. If your interview is within a week, you probably don't want to move over to the I130. But in some countries, the K3 has a long waiting list where the I130 doesn't, so people may happily move it over to the I130. It takes sometimes 6 months to process the I130 in the NVC so I'm not surprised that they haven't contacted you about it yet.

Exactly what Zainab said. It just may be stuck at NVC. You may want to talk to your lawyer to see if they have it.

Zain, I sent them around same time. but nvc k3 approved and forwarded to embassy in august and he got package in october. So.......if I have heard nothing from nvc about how they have forwarded the 130 does that mean they could still be processing it since feb? I got a notice that they approved it in august on the website, but nothing has been sent to me.

Even though it got approved it does take some time to get through NVC. It only gets forwarded to the embassy after a whole series of correspndence between you and them. Since it does not look like they have contacted you yet it is highly possible that they are still sititing on it. I could very well be a bit longer before it gets to the embassy. I would say keep on with the K-3 and see what happens.

Zee, My lawyer told me they were both approved around same time. So, was it automatically sent to the nvc or do Ihave to send something for them to send it there? OUr interview is for march 20th for the k3 do you think I will be able to get it to the embassy and processed with enough time to be around march 20 because it will be worth it to switch. Our concern is that once here on the k3 it will be along time to get this green card to be able to work. He is worried about being out of work and being idle. And I hear its really expensive to file for AOS.

A couple of things...once it's approved it goes to NVC, but the I130 takes a really really really long time to be processed by NVC. NVC only has to log and forward the K3 because there is no residency being issued so the K3 flows right through NVC rather quickly. The I130 takes months to be processed in NVC and if they do extra background checks it could take a year. The guides up above, have some hints on how to help it move through NVC faster, but that doesn't move it at the same speed as the K3. It will still take longer.

Now, regarding working. You don't have to have a green card to start working here. You just have to have an EAD. Now some POE will give you an Employment Authorization Document upon entry to the USA if you ask for it. Then you can start working once you have a ss# or you can apply for a tax identification number. If you don't get the EAD at the POE, then you can file for an EAD when you file for AOS to get your green card. The EAD really doesn't take a ridiculously long time to arrive. I would say a few months and if you get the EAD stamped on your I94 at the POE, then you can start working right away.(well, when you find a job that is) He will be idle for a while cause it's not easy to find a job right away....so embrace it and prepare for it mentally so that it doesn't overwhelm you. Maybe plan volunteering somewhere like someone else on the board did, or go to school.

Only K-1 is authorized to work with the temp work permit.

K-3 has to apply for EAD or wait for the greencard.

Thanks a lot guys. I really appreciate all the advice and help.

oops, my bad. But you can still apply for EAD at the same time as AOS and only pay one fee for AOS.