Don't need to apply for AOS if on K3 ?

[richardowen 0]

Hi all,

I just called USCIS and was told that because I'm on K3 I don't need to apply for AOS. I just need to wait for I130. Also if I did apply for AOS then I would also need to go through I130 as well as if the I130 was denied this would cancel my AOS.

He also said that to get Employment I don't need a copy of the AOS NOA ? I just file the i-765 to Chicago !

As is quite common, this fly's in the face of everything else I've been told and the information on this site.

Can anyone who has already been through this process advise ? I know from experience that the people on the helpline at USCIS don't always give you the correct info, but this is so drastically differnet that I'm now very worried.

I have K3 and will be entering US on the 14 where I was planning to apply for AOS, get the reciept and take it to the Houston office with the i-765 to get EAS... now I don't know what to do !

Thanks

Rich./

[riblet 0]

The whole system is currently changing in favor of AOS, even some people who have already filed I130's are having to take further action to get their approved I130's sent to the NVC!

Regarding EAD, I always thought you could get it on K3. I'm feeling confused right now for some reason. I think I need to eat lunch

The only part I'm confused about in your post is about taking a receipt to the local office for a EAS? What's that?

I edited this because I'm not 100% sure!

Edited November 30, 2006 by riblet

[Ashleigh-Au 0]

Hi all,

I just called USCIS and was told that because I'm on K3 I don't need to apply for AOS. I just need to wait for I130. Also if I did apply for AOS then I would also need to go through I130 as well as if the I130 was denied this would cancel my AOS.

He also said that to get Employment I don't need a copy of the AOS NOA ? I just file the i-765 to Chicago !

As is quite common, this fly's in the face of everything else I've been told and the information on this site.

Can anyone who has already been through this process advise ? I know from experience that the people on the helpline at USCIS don't always give you the correct info, but this is so drastically differnet that I'm now very worried.

I have K3 and will be entering US on the 14 where I was planning to apply for AOS, get the reciept and take it to the Houston office with the i-765 to get EAS... now I don't know what to do !

Thanks

Rich./

As a K3 you do not need to apply for AOS if you intend to go back to your country and interview for a CR1.

If you want to remain in the US you will need to apply for AOS after your I-130 is approved.

You can apply for the EAD on it's own....and apply for AOS later....or go back to your country to interview for CR1.

I applied for EAD earlier and have only just applied for AOS...

"You definitely cannot apply for an EAD before AOS if you are on a K3."

ummmmm...YES you can!!

[riblet 0]

As I was typing I really started doubting myself I had always planned on my husband coming down on K3 and applying for an EAD. And my sister's husband did it. Now I'm trying to remember where I got my crazy ideas from

[Ashleigh-Au 0]

The whole system is currently changing in favor of AOS, even some people who have already filed I130's are having to take further action to get their approved I130's sent to the NVC!

I'm pretty sure you cannot apply for an EAD before AOS if you are on a K3.

The only part I'm confused about in your post is about taking a receipt to the local office for a EAS? What's that?

I edited this because I'm not 100% sure!

You can apply for EAD..prior to AOS.

This was originally allowed to enable the K3 to work while waiting for I-130 approval

Edited November 30, 2006 by Ashleigh-Au

[riblet 0]

I was momentarily on crack or something, sorry!

[Ashleigh-Au 0]

He also said that to get Employment I don't need a copy of the AOS NOA ? I just file the i-765 to Chicago !

Thanks

Rich./

This is true.

I was momentarily on crack or something, sorry!

LOL.....it's OK.

[TongandWei 0]

As I was typing I really started doubting myself I had always planned on my husband coming down on K3 and applying for an EAD. And my sister's husband did it. Now I'm trying to remember where I got my crazy ideas from

You got the crezy idea from nowhere but this painful process. This long waiting process drives everybody nuts.

[richardowen 0]

As I was typing I really started doubting myself I had always planned on my husband coming down on K3 and applying for an EAD. And my sister's husband did it. Now I'm trying to remember where I got my crazy ideas from

You got the crezy idea from nowhere but this painful process. This long waiting process drives everybody nuts.

Thanks all,

I don't know where I got the idea that I needed to apply for AOS. I could have sworn I read somewhere about USCIS expecting K3 visa holder to make an effort to show they are in the country....

So am I correct in that I can get off the plane and with my I-94 apply for EAD directly to Chicago ?

( confusion here is that if you do have AOS NOA then as I'm going to be living in Austin I can walk this into the Houston office )

Once I get EAD I just wait for the approval of the I130 ? So what has AOS got to do with it ? Sorry, still confused....

Rich./

[Kez/JWolf 6]

Are you confusing information about the DORA programe??

[riblet 0]

Once you come in on the K3 you can either (a) continue to pursue your I130, and return to your home country for the interview at the embassy, or ( b ) file for AOS. You will have to do one or the other eventually as the K3 is only good for two years.

I didn't check out your timeline, so I'm not sure where you stand, but if youre I130 hasn't been approved yet, at this point it would probably make the most sense to AOS because of the new requirement of requesting that the I130 be forwarded to the NVC, which carries a $200 fee. Sorry if I haven't explained it very clearly. Congrats on succesfully getting the K3!

Edited November 30, 2006 by riblet

[Yodrak 7]

Rich./,

This is all correct, although missing a few critical details and awkwardly stated so your confusion is understandable.

I believe that other posters have provided the necessary clarity.

Yodrak

Hi all,

I just called USCIS and was told that because I'm on K3 I don't need to apply for AOS. I just need to wait for I130. Also if I did apply for AOS then I would also need to go through I130 as well as if the I130 was denied this would cancel my AOS.

He also said that to get Employment I don't need a copy of the AOS NOA ? I just file the i-765 to Chicago !

As is quite common, this fly's in the face of everything else I've been told and the information on this site.

.....

Rich./

riblet,

In fact, it's preferable for a K3 to submit their I-765 prior to submitting their I-485. Ironically, for the same reason that it's preferable for a K1 to not submit their I-765 prior to submitting their I-485!

Yodrak

....

I'm pretty sure you cannot apply for an EAD before AOS if you are on a K3.

.....

You can apply for EAD..prior to AOS.

.....

[riblet 0]

Yodrak, is that because the EAD that is granted is linked to the specific visa - thus the EAD a K1 applies for expires upon marriage, while a person with a K3 visa would get an EAD good for the remaining porition of the 2 years their K3 is valid for?

[Yodrak 7]

riblet,

You're on the right track, if slightly de-railed. It's because the EA granted to (a)(6) and (a)(9) classifications are valid for the duration of allowed stay, as indicated on the I-94. (The EAD a K1 applies for does not expire upon marriage.)

The EA granted to ( c )(9) is valid for 1 year.

Yodrak

Yodrak, is that because the EAD that is granted is linked to the specific visa - thus the EAD a K1 applies for expires upon marriage, while a person with a K3 visa would get an EAD good for the remaining porition of the 2 years their K3 is valid for?

[riblet 0]

Thanks for clearing that up

I also just realized why my mind was a mess earlier - I just recently was reading that K3's couldn't apply for a SSN before getting an EAD - that's why I was confused! My mind managed to mix things up, but I'm glad I have it all straight now.