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Green Card after entering with K-3

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Here is the story: my K-3 is all done and I'm here in the U.S.

My I-130 was approved in March and a couple of months ago I got RFE and sent the documents they required...I haven't heard anything since then and wanted to find out what's going on. Not having the NVC case # on hand, I called the California service center, in hopes that they will tell me what's going on with my case. Well, that woman said I HAVE to file for adjustment of status and that I will not get a green card through I-130 because I entered on K-3?!?!?!?! My understanding was that after I enter the U.S. on K-3, my green card process will still go on and I will get another interview in Montreal and NOT have to apply for adjustment of status?!?! And she said I had to apply for adjustment of status?!?! What the hell? Who's right here?

Tried to reach the NVC at 1-603-334-0700 but all the operators are "busy" and I have to call after 6! Is there another number I'm supposed to call?!

Thanks for your help!

Wedding: September 6, 2005 in Salt Lake City

Sent I130 (finally!!!): November 3, 2005

NOA1: November 21, 2005

NOA2: March 30, 2006

November 23, 2005: cheque cashed

December 7, 2005: waiting waiting waiting...

December 14, 2005: sent I-129 petition

December 23, 2005: cheque cashed for I-129

December 28, 2005: NOA1

January 9, 2006: waiting waiting waiting!!!

February 6, 2006: RFE

February 15, 2006: RFE sent

February 23, 2006: I-129F APPROVED YAY!!!!!!!!!!!!!!!!!!!!!!!!!

March 21, 2006: Montreal sent Packet 3

March 30, 2006: I-130 APPROVED...WOW, REALLY?

April 1, 2006: Received Packet 3 (almost thought it was an April Fools joke :)

April 3 or 4, 2006: Packet 3 sent to Montreal

April 24, 2006 - Montreal receives the checklist (they better after 20 days!!!)

INTERVIEW JULY 27, 2006!!!

June 6, 2006 - Packet 4 received

July 27, 2006 - APPROVED!

July 29, 2006 - on the way home!

September, 2006 - I-130 case complete

January 10, 2007 - I-130 INTERVIEW!

APPROVED!!!!!!!

January 11, 2007 - Picked up passport with visa!

January 12, 2007 - I'm home

I-130 Process took 1 year, 2 months and 8 days

_______________________________________

Good luck to everyone here! There is hope yet!

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

The rules have been changed very recently, but if your approved I130 was already sent to the NVC then I don't think it will affect you.

If the NVC has not received the approved petition yet, you might fall into the new requirement of having to file a petition for further action to have your I130 sent to the NVC. I'll try to find a link on this for you. I'm in a similar situation (although no approval yet :( I'm hoping my husband will be able to return to Montreal for the I130 rather than dealing with AOS.

Sandy

Michael's I-130:

NOA1: 5-10-2006----updated w/ citizenship: 9-25-06----had to call back 10/25, touch 10/26

12/06/06 - Approved!- - - 12/08/06 - Touch---01/25/07 - Touch

I130 at NVC

12/14/06 - case number assigned

12/25/06 - DS3032 & AOS Fee Bill Mailed (phone system updated 12/27)

12/27/06 - emailed choice of agent; 12/29/06 - received email from NVC confirming choice of agent!

01/01/07 - NVC generated IV Fee Bill (postmarked 1/17 though!)

01/03/07 - returned AoS Fee Bill via Priority Mail (James' shortcut)

01/15/07 - NVC generated AOS package

01/22/07 - received IV Fee Bill - overnighted back to NVC same day

01/27/07 - recieved I864 package; 01/29/07 - overnighted I864 to NVC

01/29/07 - DS230 generated (phone system not updated, email response 2/5/07)

02/05/07 - mailed DS-230 to NVC via express mail

02/20/07 - CASE COMPLETE!!

04/18/07 - INTERVIEW!!!! - APPROVED!!!!

Michael's K-3:

09/28/06 - NOA1

1/25/07 - approved ...NOA2 via snail mail - 1/29/07

03/16/07 - chose not to return packet 3 to Montreal

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Filed: IR-1/CR-1 Visa Country: China
Timeline
Here is the story: my K-3 is all done and I'm here in the U.S.

My I-130 was approved in March and a couple of months ago I got RFE and sent the documents they required...I haven't heard anything since then and wanted to find out what's going on. Not having the NVC case # on hand, I called the California service center, in hopes that they will tell me what's going on with my case. Well, that woman said I HAVE to file for adjustment of status and that I will not get a green card through I-130 because I entered on K-3?!?!?!?! My understanding was that after I enter the U.S. on K-3, my green card process will still go on and I will get another interview in Montreal and NOT have to apply for adjustment of status?!?! And she said I had to apply for adjustment of status?!?! What the hell? Who's right here?

Tried to reach the NVC at 1-603-334-0700 but all the operators are "busy" and I have to call after 6! Is there another number I'm supposed to call?!

Thanks for your help!

As long as you complete all the forms sent to you from NVC and pay all the fees your CR-1 process should continue and you should be eventually scheduled for an interview at the US consulate in the country that you immigrated from. You can also file for AOS at which point you would finish the green card process in the US - if you choose this route you would not want to pay the IV & Affadavit of Support fees for the I-130 (bills are generated from NVC).

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Filed: Timeline

Lola,

What mailings have you and your spouse received from the NVC with regard to the approved I-130 petition and what responses have you made to them? See this web page to understand what should be happening with regard to the petition.

http://travel.state.gov/visa/immigrants/ty...types_1309.html

You do need to talk with the NVC at this point, they should still have your petition - depending on if and how you responded on the form DS-3032

Yodrak

Here is the story: my K-3 is all done and I'm here in the U.S.

My I-130 was approved in March and a couple of months ago I got RFE and sent the documents they required...I haven't heard anything since then and wanted to find out what's going on. Not having the NVC case # on hand, I called the California service center, in hopes that they will tell me what's going on with my case. Well, that woman said I HAVE to file for adjustment of status and that I will not get a green card through I-130 because I entered on K-3?!?!?!?! My understanding was that after I enter the U.S. on K-3, my green card process will still go on and I will get another interview in Montreal and NOT have to apply for adjustment of status?!?! And she said I had to apply for adjustment of status?!?! What the hell? Who's right here?

Tried to reach the NVC at 1-603-334-0700 but all the operators are "busy" and I have to call after 6! Is there another number I'm supposed to call?!

Thanks for your help!

Edited by Yodrak
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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Here is the story: my K-3 is all done and I'm here in the U.S.

My I-130 was approved in March and a couple of months ago I got RFE and sent the documents they required...I haven't heard anything since then and wanted to find out what's going on. Not having the NVC case # on hand, I called the California service center, in hopes that they will tell me what's going on with my case. Well, that woman said I HAVE to file for adjustment of status and that I will not get a green card through I-130 because I entered on K-3?!?!?!?! My understanding was that after I enter the U.S. on K-3, my green card process will still go on and I will get another interview in Montreal and NOT have to apply for adjustment of status?!?! And she said I had to apply for adjustment of status?!?! What the hell? Who's right here?

Tried to reach the NVC at 1-603-334-0700 but all the operators are "busy" and I have to call after 6! Is there another number I'm supposed to call?!

Thanks for your help!

As long as you complete all the forms sent to you from NVC and pay all the fees your CR-1 process should continue and you should be eventually scheduled for an interview at the US consulate in the country that you immigrated from. You can also file for AOS at which point you would finish the green card process in the US - if you choose this route you would not want to pay the IV & Affadavit of Support fees for the I-130 (bills are generated from NVC).

I completed all the forms and paid all the fees for everything...now, how do I know whether I have to apply for AOS or not? And how do I get a hold of NVC?

Yodrak,

I can't remember now where the NOA2 came from... I am assuming that it got mailed to NVC after approval. We did fill out the DS-3032. Then they (again, I assume the NVC) sent an RFE for the original of my birth certificate and marriage certificate, which I sent back... and after that I haven't heard anything

Lola,

What mailings have you and your spouse received from the NVC with regard to the approved I-130 petition and what responses have you made to them? See this web page to understand what should be happening with regard to the petition.

http://travel.state.gov/visa/immigrants/ty...types_1309.html

You do need to talk with the NVC at this point, they should still have your petition - depending on if and how you responded on the form DS-3032

Yodrak

Here is the story: my K-3 is all done and I'm here in the U.S.

My I-130 was approved in March and a couple of months ago I got RFE and sent the documents they required...I haven't heard anything since then and wanted to find out what's going on. Not having the NVC case # on hand, I called the California service center, in hopes that they will tell me what's going on with my case. Well, that woman said I HAVE to file for adjustment of status and that I will not get a green card through I-130 because I entered on K-3?!?!?!?! My understanding was that after I enter the U.S. on K-3, my green card process will still go on and I will get another interview in Montreal and NOT have to apply for adjustment of status?!?! And she said I had to apply for adjustment of status?!?! What the hell? Who's right here?

Tried to reach the NVC at 1-603-334-0700 but all the operators are "busy" and I have to call after 6! Is there another number I'm supposed to call?!

Thanks for your help!

Wedding: September 6, 2005 in Salt Lake City

Sent I130 (finally!!!): November 3, 2005

NOA1: November 21, 2005

NOA2: March 30, 2006

November 23, 2005: cheque cashed

December 7, 2005: waiting waiting waiting...

December 14, 2005: sent I-129 petition

December 23, 2005: cheque cashed for I-129

December 28, 2005: NOA1

January 9, 2006: waiting waiting waiting!!!

February 6, 2006: RFE

February 15, 2006: RFE sent

February 23, 2006: I-129F APPROVED YAY!!!!!!!!!!!!!!!!!!!!!!!!!

March 21, 2006: Montreal sent Packet 3

March 30, 2006: I-130 APPROVED...WOW, REALLY?

April 1, 2006: Received Packet 3 (almost thought it was an April Fools joke :)

April 3 or 4, 2006: Packet 3 sent to Montreal

April 24, 2006 - Montreal receives the checklist (they better after 20 days!!!)

INTERVIEW JULY 27, 2006!!!

June 6, 2006 - Packet 4 received

July 27, 2006 - APPROVED!

July 29, 2006 - on the way home!

September, 2006 - I-130 case complete

January 10, 2007 - I-130 INTERVIEW!

APPROVED!!!!!!!

January 11, 2007 - Picked up passport with visa!

January 12, 2007 - I'm home

I-130 Process took 1 year, 2 months and 8 days

_______________________________________

Good luck to everyone here! There is hope yet!

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Lola

The number you are calling is the only way I know of speaking to an operator. All you can do is to keep calling at different times of the day until you get through to talk directly with someone. What does the automated system say in regards to your case?

The new processing that has been implemented in relation to the petitions should not effect an I-130 that is already at NVC. The call you made to the NCSC is affectionately known as the misinformation line.

Let us know what happens.

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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