Jump to content
toneman

K 3 visa vs. CR-1 visa

By toneman in K-3 Spouse Visa Process & Procedures

 Share

10 posts in this topic

Recommended Posts

toneman Contributor

toneman   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

Hi there,

I was just wondering the way it looks like right now is that my K-3 non immigrant visa is going to be approved before my CR-1 immigrant visa.I just checked online and the california center is only processing 1-130 applications from September 2005. I mailed mine in january 2006. My question is once I get my K-3 non immigrant visa and move to the US and apply for AOS and my EAD do i have to let USCIS in California know that I am abandoning my 1-130 application or do they cancel it once I send them my AOS after getting my k-3 no immigrant visa?

Thanks

Tony

Link to comment
Share on other sites
scy Community Regular

scy   0

Posted
Filed: AOS (pnd) Timeline
Posted
Hi there,

I was just wondering the way it looks like right now is that my K-3 non immigrant visa is going to be approved before my CR-1 immigrant visa.I just checked online and the california center is only processing 1-130 applications from September 2005. I mailed mine in january 2006. My question is once I get my K-3 non immigrant visa and move to the US and apply for AOS and my EAD do i have to let USCIS in California know that I am abandoning my 1-130 application or do they cancel it once I send them my AOS after getting my k-3 no immigrant visa?

Thanks

Tony

Uhh... If you want to adjust status you DO NOT WANT to abandon your I-130. What will happen now is that you want the I-130 approved, but not processed at NVC. You want NVC to hold the I-130 until you adjust status.

You need an approved I-130 to adjust status.

Link to comment
Share on other sites
classic Explorer

classic   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

quick question, scy (re:toneman's case):

after the I-130 petition is approved by USCIS, what's the next step to take (for the approved I-130)?

TIMELINE (Married 9 yrs)

Aug 18, 2005 - Mailed I-130 (wife & kids') to VSC

Aug 29, 2005 - NOA-1 for I-130's received

Sep 13, 2005 - I-130's approved, petition forwarded to NVC

Oct 10, 2005 - I-864 Bill received by agent

Oct 12, 2005 - Paid I-864 Bill by Postal Money Order-$70 for whole family

Dec 17, 2005- checklist for I-864 received, reply sent back & entered into system on Dec 22.

Oct 20, 2005 - Alien spouse received DS-3032 (Choice of Agent) documents

Oct 24,2005 - DS-3032 sent to NVC (fr Phils)

Nov 17, 2005 - IV Fee Bill paid by Money Order & sent

Jan 3, 2006 - Mailed DS-230 to NVC

Jan 4, 2006 - DS-230 entered into system

Jan 12, 2006 - CASE COMPLETED, and still waiting!!!

Aug 3, 2006- schedule of interview at US Embassy-Manila. Won't be showing up.

K3/K4

Aug 30, 2005 - Mailed I-129F to Chicago(wife's)

Sep 10, 2005 - NOA-1 for I-129F

Oct 19, 2005 - I-129F Approved (email notice), received mail Oct. 28

Nov 2, 2005- Received K3 approval notice

Mar 24, 2006 - K3 interview

Apr 4, 2006 - Visas in hand

May 8, 2006 - arrived in America

AOS

August 2006 - mailed I-485 forms

September 2006 - Biometrics done

December 2006 - Interview; Green Card received by mail a week later

2007: Applied for kids' certificate of citizenship, got the certificates in June & passports in August 2007

Link to comment
Share on other sites
scy Community Regular

scy   0

Posted
Filed: AOS (pnd) Timeline
Posted
quick question, scy (re:toneman's case):

after the I-130 petition is approved by USCIS, what's the next step to take (for the approved I-130)?

To adjust status in the US?

NVC will receive the approved I-130 petition. It will check to see if the beneficiary is in the US. If the beneficiary is in the US, NVC will wait 30 days for a letter from the petitioner regarding where the I-130 will be processed. If the beneficiary will be adjusting status, then the petitioner should write NVC as soon as the I-130 is approved telling NVC that the petitioner will be adjusting status and to hold the I-130 until USCIS asks for it.

If after 30 days and NVC hasn't received word from the petitioner then NVC will begin processing the I-130 normally, which means DS-3020, etc...

Link to comment
Share on other sites
toneman Contributor

toneman   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
  • Author
Posted

quick question, scy (re:toneman's case):

after the I-130 petition is approved by USCIS, what's the next step to take (for the approved I-130)?

To adjust status in the US?

NVC will receive the approved I-130 petition. It will check to see if the beneficiary is in the US. If the beneficiary is in the US, NVC will wait 30 days for a letter from the petitioner regarding where the I-130 will be processed. If the beneficiary will be adjusting status, then the petitioner should write NVC as soon as the I-130 is approved telling NVC that the petitioner will be adjusting status and to hold the I-130 until USCIS asks for it.

If after 30 days and NVC hasn't received word from the petitioner then NVC will begin processing the I-130 normally, which means DS-3020, etc...

Hi scy,

What if my 1-130 does not get approved once I get my non immigrant visa?. Do I then HAVE to wait until it is approved to apply for AOS? So it could be 2-3 months after I get my K-3 non immigrant visa? That sucks!!

Tony

Link to comment
Share on other sites
scy Community Regular

scy   0

Posted
Filed: AOS (pnd) Timeline
Posted

quick question, scy (re:toneman's case):

after the I-130 petition is approved by USCIS, what's the next step to take (for the approved I-130)?

To adjust status in the US?

NVC will receive the approved I-130 petition. It will check to see if the beneficiary is in the US. If the beneficiary is in the US, NVC will wait 30 days for a letter from the petitioner regarding where the I-130 will be processed. If the beneficiary will be adjusting status, then the petitioner should write NVC as soon as the I-130 is approved telling NVC that the petitioner will be adjusting status and to hold the I-130 until USCIS asks for it.

If after 30 days and NVC hasn't received word from the petitioner then NVC will begin processing the I-130 normally, which means DS-3020, etc...

Hi scy,

What if my 1-130 does not get approved once I get my non immigrant visa?. Do I then HAVE to wait until it is approved to apply for AOS? So it could be 2-3 months after I get my K-3 non immigrant visa? That sucks!!

Tony

Welcome to my situation. My I-130 is on 6 months administrative review right now. But my wife received her K-3 two days ago. Your wife can file for AOS but they won't do anything until the I-130 is approved.

Link to comment
Share on other sites
toneman Contributor

toneman   0

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
  • Author
Posted

quick question, scy (re:toneman's case):

after the I-130 petition is approved by USCIS, what's the next step to take (for the approved I-130)?

To adjust status in the US?

NVC will receive the approved I-130 petition. It will check to see if the beneficiary is in the US. If the beneficiary is in the US, NVC will wait 30 days for a letter from the petitioner regarding where the I-130 will be processed. If the beneficiary will be adjusting status, then the petitioner should write NVC as soon as the I-130 is approved telling NVC that the petitioner will be adjusting status and to hold the I-130 until USCIS asks for it.

If after 30 days and NVC hasn't received word from the petitioner then NVC will begin processing the I-130 normally, which means DS-3020, etc...

Hi scy,

What if my 1-130 does not get approved once I get my non immigrant visa?. Do I then HAVE to wait until it is approved to apply for AOS? So it could be 2-3 months after I get my K-3 non immigrant visa? That sucks!!

Tony

Welcome to my situation. My I-130 is on 6 months administrative review right now. But my wife received her K-3 two days ago. Your wife can file for AOS but they won't do anything until the I-130 is approved.

Hi scy,

One more question. Can I apply for my EAD once I move to the US w/o having my I-130 approved or do I have to wait for that as well?

Thanks

Tony

Link to comment
Share on other sites
scy Community Regular

scy   0

Posted
Filed: AOS (pnd) Timeline
Posted
Hi scy,

One more question. Can I apply for my EAD once I move to the US w/o having my I-130 approved or do I have to wait for that as well?

Thanks

Tony

Read this Visajourney EAD guide. Scroll down for the K-3 section.

http://www.visajourney.com/forums/index.ph...om&page=k1k3ead

Link to comment
Share on other sites
Kelvin Contributor

Kelvin   0

Posted
Filed: K-3 Visa Country: Japan
 Timeline
Posted
To adjust status in the US?

NVC will receive the approved I-130 petition. It will check to see if the beneficiary is in the US. If the beneficiary is in the US, NVC will wait 30 days for a letter from the petitioner regarding where the I-130 will be processed. If the beneficiary will be adjusting status, then the petitioner should write NVC as soon as the I-130 is approved telling NVC that the petitioner will be adjusting status and to hold the I-130 until USCIS asks for it.

If after 30 days and NVC hasn't received word from the petitioner then NVC will begin processing the I-130 normally, which means DS-3020, etc...

Is there some form for this letter, or does the petitioner just draft a standard business letter?

Thanks,

KZ

Married in Tokyo on 9/20/05

I-130

2005

9/23 Received by CSC

9/27 Rejected because copy, not original

10/11 Sent original via Fedex to CSC

10/17 NOA1... Woo Hoo!!

10/18 Check Posted

10/21 Touched (Friday)

10/24 Touched (Monday)

2006

3/7 Approved!!

3/8 Touched

3/27 AOS Fee bill generated

4/8 AOS Fee bill received

I-129F

2005

10/21 Received by Chicago

10/25 NOA1... Woo Hoo!!

10/26 Check Posted

11/1 Touched

11/2 Touched

11/3 Touched

12/1 Approved! Happy Dance!!

12/15 NVC Sent Case to US Embassy @ Tokyo

12/30 Package 3 Received

2006

2/13 Embassy Interview... APPROVED!!!

2/14 Visa delivered!

2/25 Arrived @ LAX!!!!!

EAD

2006

2/28 Received @ Chicago Lockbox

3/2 NOA

3/3 Check Posted

3/8 Touched

3/21 Biometrics Appointment

3/22 Touched

4/24 Approved

4/28 Card Received

5/2 Touched

7/21 Touched

7/24 Touched

7/26 Touched

AOS

2006

3/21 Received @ Chicago Lockbox

3/24 NOA

4/1 Touched

4/11 Biometrics Appointment

4/13 Touched

4/16 Touched

5/2 RFE "Applicant's Birth Cert"

5/8 Touched

5/16 Touched

5/19 Touched

6/06 AOS Interview Scheduled

7/15 Touched

7/25 AOS Interview --------------------APPROVED!!!

7/29 Welcome Letter Arrived

8/2 Touched

8/3 Two Year Green Card Arrived!!!!!!!!!!

Removal of Conditions

2008

4/26 I-751 Sent

4/28 NOA1, One year extension

4/30 Touched

5/2 ASC Appointment Notice

5/23 Biometrics Appointment

9/16 Ten YearGreen Card Production Ordered

9/30 TEN YEAR GREEN CARD ARRIVED!!

Link to comment
Share on other sites
scy Community Regular

scy   0

Posted
Filed: AOS (pnd) Timeline
Posted

To adjust status in the US?

NVC will receive the approved I-130 petition. It will check to see if the beneficiary is in the US. If the beneficiary is in the US, NVC will wait 30 days for a letter from the petitioner regarding where the I-130 will be processed. If the beneficiary will be adjusting status, then the petitioner should write NVC as soon as the I-130 is approved telling NVC that the petitioner will be adjusting status and to hold the I-130 until USCIS asks for it.

If after 30 days and NVC hasn't received word from the petitioner then NVC will begin processing the I-130 normally, which means DS-3020, etc...

Is there some form for this letter, or does the petitioner just draft a standard business letter?

Thanks,

KZ

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

I am in the United States and would like to adjust status. How do I do that?

If you live in the U.S., you may be eligible for adjustment of status as a permanent resident. When your case becomes current, NVC will send you a letter telling you that you may be eligible for adjustment of status and asking that you tell us if you will adjust or apply at a U.S. consular section abroad. If you write back to us that you will adjust status, we will note it on your case record and retain the file until an CIS office requests it to process your adjustment application. If NVC does not get a reply to our letter after 30 days, we will begin processing your case as if you have chosen to process at a consular office abroad.

NVC is not involved in adjustment of status. You should contact the CIS office nearest you for information, forms, and adjustment of status updates.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...