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mk7tm

Is K-3 the right option for me?

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Filed: K-3 Visa Country: South Korea
Timeline

You all are so knowledgeable on this! I am just getting started, so any help will be appreciated :)

So here is my story... I think I am under "File an I-130 for a Spouse Inside the US" situation.

I just graduated from college back in May 2006. Currently I am lawfully staying in US with my OPT which expires on December 19th. I do not have a plan to go to my home country unless it is necessary to do so for my immigration process..

I am getting married real soon, and my fiance is a US citizen. I am starting an employment in US in September on my OPT, and I hope my new work permit under my new immigration status becomes valid before December 19th, which is the date my current work permit expires. To this issue to work out smoothly, what do I have to do by when? More importantly, does my situation suit for below filing??

So studying from the guide, I should follow the guildeline in "File an I-130 for a Spouse Inside the US" section, right? Can I file all of them (I-130, I-485, I-864, I-765 for work permit, I-131 for travel, etc) at the same time? When do I get my travel document so that I can go on a honeymoon?

So many questions!! I am really trying to do this without hiring an attorney.. But I am this close to get one because matter seems so complicated! But thanks in advance!!!

Edited by mk7tm
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Filed: Timeline
You all are so knowledgeable on this! I am just getting started, so any help will be appreciated :)

So here is my story... I think I am under "File an I-130 for a Spouse Inside the US" situation.

I just graduated from college back in May 2006. Currently I am lawfully staying in US with my OPT which expires on December 19th. I do not have a plan to go to my home country unless it is necessary to do so for my immigration process..

I am getting married real soon, and my fiance is a US citizen. I am starting an employment in US in September on my OPT, and I hope my new work permit under my new immigration status becomes valid before December 19th, which is the date my current work permit expires. To this issue to work out smoothly, what do I have to do by when? More importantly, does my situation suit for below filing??

So studying from the guide, I should follow the guildeline in "File an I-130 for a Spouse Inside the US" section, right? Can I file all of them (I-130, I-485, I-864, I-765 for work permit, I-131 for travel, etc) at the same time? When do I get my travel document so that I can go on a honeymoon?

So many questions!! I am really trying to do this without hiring an attorney.. But I am this close to get one because matter seems so complicated! But thanks in advance!!!

You should probably get married in the US before your current status expires, then apply for AOS (I-130 etc). You need to wait till advanced parole I-131 is granted before leaving the country (I think you can get an infopass for the I-131 after 90 days).

Alternatively, you should get married go on your honeymoon before your current status expires and then apply for AOS.

Good luck.

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Filed: Other Timeline

depending where in the country you live and where you'll be sending your AOS applications will depend if your current status will run out before you get your green card.

check the processing times at the USCIS website here just choose your district office from the pull down menu.

I'd hazard a guess that its unlikely you'll have a green card before your current visa expires.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

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Filed: Timeline

mk7tm,

I don't blame you, but if I were in the situation that you describe I'd have a consultation with an attorney. Then you'll have a better idea of how to do it yourself or if there are issues with your facts where hiring an attorney could be beneficial.

Yodrak

...

So many questions!! I am really trying to do this without hiring an attorney.. But I am this close to get one because matter seems so complicated! ...

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You all are so knowledgeable on this! I am just getting started, so any help will be appreciated :)

So here is my story... I think I am under "File an I-130 for a Spouse Inside the US" situation.

I just graduated from college back in May 2006. Currently I am lawfully staying in US with my OPT which expires on December 19th. I do not have a plan to go to my home country unless it is necessary to do so for my immigration process..

I am getting married real soon, and my fiance is a US citizen. I am starting an employment in US in September on my OPT, and I hope my new work permit under my new immigration status becomes valid before December 19th, which is the date my current work permit expires. To this issue to work out smoothly, what do I have to do by when? More importantly, does my situation suit for below filing??

So studying from the guide, I should follow the guildeline in "File an I-130 for a Spouse Inside the US" section, right? Can I file all of them (I-130, I-485, I-864, I-765 for work permit, I-131 for travel, etc) at the same time? When do I get my travel document so that I can go on a honeymoon?

So many questions!! I am really trying to do this without hiring an attorney.. But I am this close to get one because matter seems so complicated! But thanks in advance!!!

Maybe getting married in the USA before your status expires would be a better idea. This way, you can be with your spouse while you wait to adjust your status. Yes, it would fall on under "File an I-130 for a Spouse Inside the USA." It is not going to be a K-3 process. It will be just the adjustment of status process. If everything is straightforward, then you might be able to file all paperwork by yourselves.

I-130 Timeline with USCIS:

It took 92 days for I-130 to get approved from the filing date

NVC Process of I-130:

It took 78 days to complete the NVC process

Interview Process at The U.S. Embassy

Interview took 223 days from the I-130 filing date. Immigrant Visa was issued right after the interview

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