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Filed: Country: Canada
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Posted

Hi, so I'm new to this and I am just about to apply for the K-3 visa and i have recently been aware that you can apply for I-130 along with AOS and EAD at the same time while my spouse is in the states? This way he can start working while the visa is still being processed once EAD abd AOS is approved which takes about 3-4 months.

Has anyone ever done this?

My husband is currently in the states with me for a month now. He came into the states as a visitor, so no stamps are in his passport. We are planning on staying together here in the states till the AOS has been completed.

Can anyone provide some insight or advise on this?

Filed: Country: India
Timeline
Posted
  On 7/26/2010 at 9:09 PM, canusd26 said:

Hi, so I'm new to this and I am just about to apply for the K-3 visa and i have recently been aware that you can apply for I-130 along with AOS and EAD at the same time while my spouse is in the states? This way he can start working while the visa is still being processed once EAD abd AOS is approved which takes about 3-4 months.

Has anyone ever done this?

My husband is currently in the states with me for a month now. He came into the states as a visitor, so no stamps are in his passport. We are planning on staying together here in the states till the AOS has been completed.

Can anyone provide some insight or advise on this?

If he is in USA you can apply for AOS. You can apply for EAD at the same time without any additional cost. You will be filing I-130 along with I-485 for AOS and attach I-765 for the EAD. It took us about 60days for the EAD to get approved and about 3months to get the AOS interview date.

9/1/2009: Applied for I-130

9/14/2009: NOA1 for I-130

9/21/2009: NOA1 for I-129F (CSC)

9/25/2009: NOA1 received for I-129F (receipt of mail)

01/08/2010 : Thank you very much Jesus..... NOA 2 129F

01/08/2010 : NOA 2 I-130

01/15/2010 : Embassy gets the approval notice (Awesome..Love K3...so glad we have done K3)

01/20/2010: Embassy schedules interview for K3

02/19/2010: K3 interview over and approved.

[Thank You very much Jesus and our heavenly father.]

Filed: Country: Canada
Timeline
Posted
  On 7/26/2010 at 9:26 PM, Ready2Kl said:

If he is in USA you can apply for AOS. You can apply for EAD at the same time without any additional cost. You will be filing I-130 along with I-485 for AOS and attach I-765 for the EAD. It took us about 60days for the EAD to get approved and about 3months to get the AOS interview date.

Thank you for your response, so would i have to fill out the G-325A form as well with all this? I know i read something about not to file for I-129F after I-130 because K-3 is not active now, do i still apply for that or do i go about another method?

Just want to clarify exactly which forms i sent in order,

from my understanding i should be sending this all together: I-130, I-485 AOS, I-765 EAD and I-131 for travel.

You mentioned it took 60 days for EAD approved, were you able to work after that or did you have to wait til AOS was approved to? Trying to figure out how long my husband will have to be jobless for.

Filed: Country: India
Timeline
Posted
  On 7/26/2010 at 9:43 PM, canusd26 said:

Thank you for your response, so would i have to fill out the G-325A form as well with all this? I know i read something about not to file for I-129F after I-130 because K-3 is not active now, do i still apply for that or do i go about another method?

Just want to clarify exactly which forms i sent in order,

from my understanding i should be sending this all together: I-130, I-485 AOS, I-765 EAD and I-131 for travel.

You mentioned it took 60 days for EAD approved, were you able to work after that or did you have to wait til AOS was approved to? Trying to figure out how long my husband will have to be jobless for.

I-130, I 485, I765 and I-131 go together in one mail together. You can work the day the EAD card is in your hand even when AOS is pending. If it is urgent and you need to work you can expedite the EAD and you should be able to get that in about a month after filing. You can do a search on VJ as I have seen a lot of people do that. Even otherwise 2months is not too bad to wait unless he already has a job offer. You will have to fill G325A as well.

In your case you do not need to file K3 at all since he is already in USA and you are filing AOS.

9/1/2009: Applied for I-130

9/14/2009: NOA1 for I-130

9/21/2009: NOA1 for I-129F (CSC)

9/25/2009: NOA1 received for I-129F (receipt of mail)

01/08/2010 : Thank you very much Jesus..... NOA 2 129F

01/08/2010 : NOA 2 I-130

01/15/2010 : Embassy gets the approval notice (Awesome..Love K3...so glad we have done K3)

01/20/2010: Embassy schedules interview for K3

02/19/2010: K3 interview over and approved.

[Thank You very much Jesus and our heavenly father.]

Filed: Country: Canada
Timeline
Posted (edited)
  On 7/26/2010 at 10:20 PM, Ready2Kl said:

I-130, I 485, I765 and I-131 go together in one mail together. You can work the day the EAD card is in your hand even when AOS is pending. If it is urgent and you need to work you can expedite the EAD and you should be able to get that in about a month after filing. You can do a search on VJ as I have seen a lot of people do that. Even otherwise 2months is not too bad to wait unless he already has a job offer. You will have to fill G325A as well.

In your case you do not need to file K3 at all since he is already in USA and you are filing AOS.

Thanks so much , so once I-130, I 485, I765 and I-131 are filed all together. Do I file the G325A at that time as well or after the I130 is approved? Yeah 2 months of waiting isn't bad, just want to make sure how to submit it all without any errors.

I dont need to apply for the CR-1 at all then since im applying for AOS?

Edited by canusd26
Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

*** not a K-3 visa topic - moving to AOS forum ***

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Filed: K-1 Visa Country: Vietnam
Timeline
Posted
  On 7/26/2010 at 10:27 PM, canusd26 said:

Thanks so much , so once I-130, I 485, I765 and I-131 are filed all together. Do I file the G325A at that time as well or after the I130 is approved? Yeah 2 months of waiting isn't bad, just want to make sure how to submit it all without any errors.

I dont need to apply for the CR-1 at all then since im applying for AOS?

Ok, a visa is required to enter the United States. It isn't required if you're already in the United States. However, in order to adjust status and get a green card the law requires:

1. You make an application to adjust status.

2. You are eligible to receive an immigrant visa (the spouse of a US citizen is eligible), and you are not classified as inadmissible (various criminal acts, diseases of a public health concern, etc.).

3. An immigrant visa is immediately available for you (an immigrant visa is ALWAYS immediately available for the spouse of a US citizen).

The I-130 is a petition to establish that an alien is eligible for an immigrant visa. If the I-130 is approved, then the alien is eligible. Because the alien is already in the US, they don't actually have to apply for the visa.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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