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mihinp

Consular processing ?? AOS ??

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Filed: K-3 Visa Country: Sri Lanka
Timeline

I have few questions to get answered...

1) I have K3 visa and now in USA. My I-130 is also approved. I am not sure whether I have to do consular processing instead of adjustment of status.. I saw in one website that when filing I-130 we have to mention( in section 22) that what we intend to do , ie : consular processing or AOS. We cant locate the copy of I-130 to check this.

2) My wife has hired a lawyer when she applied for I-130 and then I-129F. That means the lawyer has represented her in the case. Do I still have to hire the lawyer because he has represented her or I can apply for AOS by myself??

Thanks

mihinp

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Filed: Citizen (apr) Country: Morocco
Timeline

1) You must apply for AOS since you are already in the U.S. Consular processing is for couples who both reside abroad and file for the visa from abroad (DCF).

2) You are not required to hire an attorney for AOS, but you may do so if you wish.

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Filed: Timeline

mihinp,

You have to do one or the other - which is up to you. (or leave when your allowed period of stay expires)

Yodrak

I have few questions to get answered...

1) I have K3 visa and now in USA. My I-130 is also approved. I am not sure whether I have to do consular processing instead of adjustment of status.. I saw in one website that when filing I-130 we have to mention( in section 22) that what we intend to do , ie : consular processing or AOS. We cant locate the copy of I-130 to check this.

.....

Thanks

mihinp

jenn,

This is wrong, on several counts.

Yodrak

1) You must apply for AOS since you are already in the U.S. Consular processing is for couples who both reside abroad and file for the visa from abroad (DCF).

...

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Filed: Citizen (apr) Country: Morocco
Timeline
mihinp,

You have to do one or the other - which is up to you. (or leave when your allowed period of stay expires)

Yodrak

I have few questions to get answered...

1) I have K3 visa and now in USA. My I-130 is also approved. I am not sure whether I have to do consular processing instead of adjustment of status.. I saw in one website that when filing I-130 we have to mention( in section 22) that what we intend to do , ie : consular processing or AOS. We cant locate the copy of I-130 to check this.

.....

Thanks

mihinp

jenn,

This is wrong, on several counts.

Yodrak

1) You must apply for AOS since you are already in the U.S. Consular processing is for couples who both reside abroad and file for the visa from abroad (DCF).

...

Sorry, guess I should keep my mouth shut if I don't fully understand the question. Boy, wrong on several counts, not just one.

I guess I was under the mistaken impression that K3 AOS is the same as K1 AOS.

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Filed: Country: United Kingdom
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I guess I was under the mistaken impression that K3 AOS is the same as K1 AOS.

jenn3539,

A K-3's AOS would be very similar to a K-1's.

A K-3 has another option to AOS though, and that is Consular Processing (not the same as DCF). The K-3 can have their approved I-130 sent to the Consulate abroad and they then travel to meet it and have their Immigrant Visa interview and process. They return to the US with an Immigrant Visa, not the K-3.

Direct Consular Filing/DCF is when the I-130 is filed abroad.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: Lift. Cond. (pnd) Country: India
Timeline

I guess I was under the mistaken impression that K3 AOS is the same as K1 AOS.

jenn3539,

A K-3's AOS would be very similar to a K-1's.

A K-3 has another option to AOS though, and that is Consular Processing (not the same as DCF). The K-3 can have their approved I-130 sent to the Consulate abroad and they then travel to meet it and have their Immigrant Visa interview and process. They return to the US with an Immigrant Visa, not the K-3.

Direct Consular Filing/DCF is when the I-130 is filed abroad.

What happens if you go for the interview abroad but for some reason don't get the visa right away or are either denied or put on AP? Can you come back to the States on the regular K3 (since it is valid for 2 years?)

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Filed: Country: United Kingdom
Timeline
What happens if you go for the interview abroad but for some reason don't get the visa right away or are either denied or put on AP? Can you come back to the States on the regular K3 (since it is valid for 2 years?)

That's a very interesting question.

I don't know the answer.


Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

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Filed: AOS (pnd) Country: India
Timeline

that is a good question,

is k3 a multiple entry visa? if so, then as long as thats valid you should be able to enter back into US. however at denial etc. they may take it away alltogether so while your status will be something like "adjusting status" - more than likely you wont be able to re-enter US until the denial is reversed or AR is completed.

my 0.02


AOS

2006-02-xx - AOS Packet Sent

2006-02-15 - NOA1 Received

2006-03-11 - Biometrics Appointment Letter Rec'vd for (04/05/2006)

2006-04-05 - Biometrics Done for both EAD+AOS

2006-04-05 - Another Biometrics Appointment Letter Rec'vd :-0

2006-04-05 - AOS + EAD Touched

2006-04-06 - AOS + EAD Touched

2006-04-14 - Interview Letter Received (5/16/06)

2006-04-28 - EAD approval e-mail (whopping 18 days before AOS interview)

2006-05-03 - ANOTHER EAD approval e-mail!

2006-05-03 - Received EAD card in mail! - this is getting really really weeeiiirrdd!!!

2006-05-16 - AOS Interview went pretty smooth IMO. Hopefully will see GC soon.

2006-05-16 - Touched (Still no change from original AOS receipt status)

2006-05-19 - Received WELCOME LETTER in mail. (No change in online status)

2006-05-23 - "Approved and Card Ordered" - E-mail received and online status changed.

2006-05-25 - "Approval Letter Sent" - E-mail received and online status changed.

2006-05-26 - Received GREEN CARD in mail.

There is NO Substitute for Common Sense, especially not a Lawyer.

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Filed: K-3 Visa Country: Sri Lanka
Timeline

thank you every body for contributing with your knowledge and ideas.. I really appreciate that... :dance:

there is a stupid question to be asked ...

after I have got K3 visa I did not file anything....and my sponsor ( us citizen) also did not file anything..

The AOS , adjustment of status has to be filed by me or by the US citizen (on behalf of me)???

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Filed: Country: Philippines
Timeline

If you file AOS, you file it yourself. Your spouse would complete the Affidavit of Support.

Your spouse can fill out the AOS form for you, but it still has to be in your name and they would have to fill out a section at the end of the form acknowledging that they prepared it for you.


08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

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