I-130 approved now what.. still confused !

[richardowen 0]

So I thought I was clear from this thread.....

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

and yesterday we got email notice that I-130 was approved....yay !

But now I find that I'm still confused as to what I need to do now.... I'm in the US on K3 and don't want to go back to the UK for anything.

Before I thought that I didn't need to do AOS but now it looks like I do...

Has anyone here been through the process of going from K3 to having I-130 approved but continuing to get green card here and not going back home for interview etc. Any help clearing up my confusion would be lovely...

Thanks

Rich./

[richardowen 0]

Ahh..

I think I understand now that I have to wait for 1-130 approval before doing AOS...

This is why I was confused... on the FAQ page here:

http://www.visajourney.com/faq/k3k4visa-aos.html

The answers 14.1 and 14.2 make it clear that people need to apply for AOS straight away but there is no mention of waiting for NOA from the 1-130 so the implication is that as soon as I arrived on K3 I should AOS.... further down however in the instructions to file for AOS it says to include:

5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F

K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

thus implying that you can't do AOS without NOA2....is this correct ?

[Yodrak 7]

richardowen,

No, a K3 does not have to wait for the I-130 petition to be approved to apply for adjustment of status. (My wife didn't.)

Yodrak

Ahh..

I think I understand now that I have to wait for 1-130 approval before doing AOS...

This is why I was confused... on the FAQ page here:

http://www.visajourney.com/faq/k3k4visa-aos.html

The answers 14.1 and 14.2 make it clear that people need to apply for AOS straight away but there is no mention of waiting for NOA from the 1-130 so the implication is that as soon as I arrived on K3 I should AOS.... further down however in the instructions to file for AOS it says to include:

5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F

K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

thus implying that you can't do AOS without NOA2....is this correct ?

[richardowen 0]

richardowen,

No, a K3 does not have to wait for the I-130 petition to be approved to apply for adjustment of status. (My wife didn't.)

Yodrak

--------

So why does point 5 on the FAQ say:

5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F

K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

and what did she answer to the first question in Part 2 of the I-485 ?

This appears to be the only possible answer....

an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)

but K3 is a non-immigrant visa.

Did your wife tick this box and then just not send in the NOA2 ?

Rich./

[Yodrak 7]

Rich,

The VJ FAQ and Guides are good, but they're not perfect.

You have correctly identified the proper answer, the I-130 petition will be approved before the I-485 is approved - if only minutes before. Submit a copy of the I-130 Receipt Notice as evidence that an I-130 has been submitted and is pending. You might also submit a copy of the I-129f Approval Notice for good measure.

Yodrak

richardowen,

No, a K3 does not have to wait for the I-130 petition to be approved to apply for adjustment of status. (My wife didn't.)

Yodrak

--------

So why does point 5 on the FAQ say:

5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F

K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

and what did she answer to the first question in Part 2 of the I-485 ?

This appears to be the only possible answer....

an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)

but K3 is a non-immigrant visa.

Did your wife tick this box and then just not send in the NOA2 ?

Rich./

Edited January 12, 2007 by Yodrak

[NikkisPrecious 0]

So I thought I was clear from this thread.....

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

and yesterday we got email notice that I-130 was approved....yay !

But now I find that I'm still confused as to what I need to do now.... I'm in the US on K3 and don't want to go back to the UK for anything.

Before I thought that I didn't need to do AOS but now it looks like I do...

Has anyone here been through the process of going from K3 to having I-130 approved but continuing to get green card here and not going back home for interview etc. Any help clearing up my confusion would be lovely...

Thanks

Rich./

I'm confused as hell, how on earth did you get a K-3 visa without approval of a I-130???

[riblet 0]

The K3 was designed with the idea that it would be approved before the I130. All you need is a NOA1 for the I130 to apply for the K3 - if you had to wait for an approved I130 it would make no sense as a measure to reunite people waiting for the I130 to be approved.

So I thought I was clear from this thread.....

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

and yesterday we got email notice that I-130 was approved....yay !

But now I find that I'm still confused as to what I need to do now.... I'm in the US on K3 and don't want to go back to the UK for anything.

Before I thought that I didn't need to do AOS but now it looks like I do...

Has anyone here been through the process of going from K3 to having I-130 approved but continuing to get green card here and not going back home for interview etc. Any help clearing up my confusion would be lovely...

Thanks

Rich./

I'm confused as hell, how on earth did you get a K-3 visa without approval of a I-130???

[Yodrak 7]

NikkisPrecious,

By applying for it. The reason for the creation of the K3 visa was, afterall, to enable the foreign spouse to come to the USA without having to wait for the I-130 to be approved.

Yodrak

I'm confused as hell, how on earth did you get a K-3 visa without approval of a I-130???

[tiberonsuave 0]

NikkisPrecious,

By applying for it. The reason for the creation of the K3 visa was, afterall, to enable the foreign spouse to come to the USA without having to wait for the I-130 to be approved.

Yodrak

I'm confused as hell, how on earth did you get a K-3 visa without approval of a I-130???

Yodrak,

NO..the purpose of the K-3 visa is family reunion WHILE WAITING FOR APPROVAL OF THE I-130. PERIOD.

tp