I-130 for CR-1 instead of K visa

[Luckygoat 2]

I have recently desided to file for I-130 outside of the U.S so that I can enter with residency status. I want to do everything at the consulate in my country instead of entering the U.S on a K-visa and then filing I-485 Adjustment of status.

My question is once the I-130 is approved would the forms that I need be spent to me abroad...or do I still file I-485 Adjustment of status.

I read that the following would be sent once the I-130 is approved

1. Completed and signed OF-169.

2. Completed and signed Of-230 Part 1 and 2 forms.

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Do these forms replace the whole AOS process. And also, can I send these forms to the consulate here (abroad) instead of back to the NVC?

[canadian_wife 1,823]

I have recently desided to file for I-130 outside of the U.S so that I can enter with residency status. I want to do everything at the consulate in my country instead of entering the U.S on a K-visa and then filing I-485 Adjustment of status.

My question is once the I-130 is approved would the forms that I need be spent to me abroad...or do I still file I-485 Adjustment of status.

If you are filing outside of the country and have no intention to do a K visa then you will not file the I-485 at all

I read that the following would be sent once the I-130 is approved

1. Completed and signed OF-169.

Form OF-169 is a consulate specific form that lists the documantation needed to be gathered by the benificiary for the interview

2. Completed and signed-230 Part 1 and 2 forms.

Yes this is sent only when asked to by NVC after you have paid the IV bill. DO NOT sign part II of the DS-230

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Yup - after the AOS bill has been paid you can send this in at the NVC level. To save some time, the shortcut guides here suggest you send the AOS and the DS-230 together.

Do these forms replace the whole AOS process. And also, can I send these forms to the consulate here (abroad) instead of back to the NVC? - If you go for the CR-1 these documents will be sent to NVC and not to the consulate - they will not accept them at the consulate and will just slow down your process. They do not replace the AOS it is just an alternative route.

Good luck on your journey

[Luckygoat 2]

I have recently desided to file for I-130 outside of the U.S so that I can enter with residency status. I want to do everything at the consulate in my country instead of entering the U.S on a K-visa and then filing I-485 Adjustment of status.

My question is once the I-130 is approved would the forms that I need be spent to me abroad...or do I still file I-485 Adjustment of status.

If you are filing outside of the country and have no intention to do a K visa then you will not file the I-485 at all

I read that the following would be sent once the I-130 is approved

1. Completed and signed OF-169.

Form OF-169 is a consulate specific form that lists the documantation needed to be gathered by the benificiary for the interview

2. Completed and signed-230 Part 1 and 2 forms.

Yes this is sent only when asked to by NVC after you have paid the IV bill. DO NOT sign part II of the DS-230

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Yup - after the AOS bill has been paid you can send this in at the NVC level. To save some time, the shortcut guides here suggest you send the AOS and the DS-230 together.

Ok you said if I am planning to file outside of the U.S and have no intentions to get a K visa then the I-485 is not needed. Isnt I-485 and AOS the same thing? So what AOS bill are you talkin about above?

Do these forms replace the whole AOS process. And also, can I send these forms to the consulate here (abroad) instead of back to the NVC? - If you go for the CR-1 these documents will be sent to NVC and not to the consulate - they will not accept them at the consulate and will just slow down your process. They do not replace the AOS it is just an alternative route.

I have read somewhere that I can opt to have conculate processing instead of sending them forms back to NVC....

Forms that may be either sent back (or requested to be gathered and kept for the interview) to the NVC or the consulate abroad (depending upon which consulate you are going through) before an interview date with a consulate abroad can be scheduled are as follows:

Pre-Interview Forms / Items: 1. Completed and signed OF-169.

2. Completed and signed Of-230 Part 1 and 2 forms.

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Good luck on your journey

[Luckygoat 2]

I have recently desided to file for I-130 outside of the U.S so that I can enter with residency status. I want to do everything at the consulate in my country instead of entering the U.S on a K-visa and then filing I-485 Adjustment of status.

My question is once the I-130 is approved would the forms that I need be spent to me abroad...or do I still file I-485 Adjustment of status.

If you are filing outside of the country and have no intention to do a K visa then you will not file the I-485 at all

I read that the following would be sent once the I-130 is approved

1. Completed and signed OF-169.

Form OF-169 is a consulate specific form that lists the documantation needed to be gathered by the benificiary for the interview

2. Completed and signed-230 Part 1 and 2 forms.

Yes this is sent only when asked to by NVC after you have paid the IV bill. DO NOT sign part II of the DS-230

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Yup - after the AOS bill has been paid you can send this in at the NVC level. To save some time, the shortcut guides here suggest you send the AOS and the DS-230 together.

Ok you said if I am planning to file outside of the U.S and have no intentions to get a K visa then the I-485 is not needed. Isnt I-485 and AOS the same thing? So what AOS bill are you talkin about above?

Do these forms replace the whole AOS process. And also, can I send these forms to the consulate here (abroad) instead of back to the NVC? - If you go for the CR-1 these documents will be sent to NVC and not to the consulate - they will not accept them at the consulate and will just slow down your process. They do not replace the AOS it is just an alternative route.

I have read somewhere that I can opt to have conculate processing instead of sending them forms back to NVC....

Forms that may be either sent back (or requested to be gathered and kept for the interview) to the NVC or the consulate abroad (depending upon which consulate you are going through) before an interview date with a consulate abroad can be scheduled are as follows:

Pre-Interview Forms / Items: 1. Completed and signed OF-169.

2. Completed and signed Of-230 Part 1 and 2 forms.

3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required.

Good luck on your journey

[canadian_wife 1,823]

AOS can either mean "adjustment of status" which you would need the I-485 for. But in your case you don't. AOS also means "Affidavit of Support" which will be needed with the tax returns etc. Sorry - when you get more familiar with the lingo it will be easier to read the posts. I should have been clearer.

Again, consulates have their own specific procedures so unless the consulate specifically asks for something, don't send it there. The I-864, the DS-230 will go directly to NVC.

Good luck on your journey

[trailmix 77]

You are mixing up adjustment of status forms with CR1 forms and you are talking about Direct Consular Filing when (since you have not said) you are not living overseas with the U.S. citizen spouse - so that is not possible.

You also mention that you want to do everything from your country instead of getting a K visa - you want to enter the U.S. with residency.

To do this you are going to need to get married first (if you are not already) and then apply for a CR1.

I would recommend that you click on the Guides tab at the top of this page and read the following Guide:

US Citizen lives in the US & Spouse lives overseas:

-----o Option 1: CR-1 / IR-1 Visa and I-130 Petition Guide, NVC Flowchart

Edited May 13, 2009 by trailmix