K3 expires in a month, applying for AOS now, will this cause problems?

[CA_BA 0]

Hello kind VJ-ers,

My wife's K3 visa expires March 28, 2007. For various reasons, we've not submitted our AOS package yet, but will today or tomorrow. We've been living together since April 2006 when she arrived in US (we were married in July 2005).

My question: will we have any problems with our AOS or her status since we are submitting the AOS petition so close to the expiration date of her K3? Researching the VJ messages, I think as long as we get a receipt for the pending AOS before the K3 expires we will be ok. Is that right?

(We don't plan on traveling out of the country until Christmas, so if we don't get AOS resolved before then I guess we'll have to file for an Advance Parole [i-131]).

I believe there is a form to ask for an extension of the K3 visa, but will this be necessary?

Thanks for any and all information!

C.

[YuAndDan 153]

Your profile says CR-1/IR-1 yet you are removing conditions on a K-3, you may want to correct that detail, perhaps filed for adjustment of status.

You will need to get a full medical done I-693 before filing.

NO, you wont have a problem filing this long after entry on the K-3, spouse is still in status, many do wait to file AOS from a K-3 so that it is closer to 2nd marriage anniversary, I would have done it last summer (July 07) just before anniversary before the fee went up to $1010.

On a positive note, the green-card that will result will be a 10 year un-conditional card.

[CA_BA 0]

Your profile says CR-1/IR-1 yet you are removing conditions on a K-3, you may want to correct that detail, perhaps filed for adjustment of status.

You will need to get a full medical done I-693 before filing.

NO, you wont have a problem filing this long after entry on the K-3, spouse is still in status, many do wait to file AOS from a K-3 so that it is closer to 2nd marriage anniversary, I would have done it last summer (July 07) just before anniversary before the fee went up to $1010.

On a positive note, the green-card that will result will be a 10 year un-conditional card.

Yes, we did get a new medical done here in the states since it had been too long since original medical exam was done for foreign consulate interview. AOS has all the necessary parts per the very nice VJ guide, and wife is still in status. And yes, it would have been better to file the AOS petition just before our second year anniversary and before the fee increase, but it just didn't happen.

Will update our time line...

Thanks very much YuAndDan for your informed and quick reply!

C.