Can we file for AOS in Florida if we have already filed for immigrant Visa?

[user786 0]

Here are the quick facts...

Husband is US Citizen

Wife is Canadian Citizen

We married in 1996 in Canada

Have 3 US Citizen children born in USA (wife flew over to USA for each delivery and did not overstay)

Filed for I-130 which is approved.

Filed for K3 visa which is also approved and passed interview and have valid K3 visa in passport.

Wife moved over to Florida from Canada and is living here with husband and 3 kids.

We thought it would be quicker and cheaper to file for immigrant visa in Montreal instead of doing AOS in Florida so we filed immigrant visa and it is in process still at the NVC

We have now realized that our city is doing AOS very quickly and we don't want all of the extra expense and travel back and forth to Canada for medicals and interviews etc. (It is very tough and costly with 3 infant\toddler children)

We would now like to STRONGLY consider just filing the AOS here locally in Florida and waiting it out in the US rather than back to Montreal for immigrant visa.

Can we do this?

Would we just go ahead and mail in the I-485 paperwork and fees and wait until we get a NOA for it and then call the NVC up and tell them to cancel the immigrant visa processing as we have decided to go the AOS route ?

I know it would mean that we would loose all our immigrant visa fees we paid and that we would need to pay new AOS fees but TRUST ME, that will be cheaper than us flying around with all the kids and the hassle involved would be crazy.

It seems too straight forward and easy from our research and we just wanted to running by everyone on the forums to see if we are missing out something or if there is anything of importance we should carefully consider before moving forward and mailing in the I-485 stuff.

Thanks and have a great day !

[Robin28 2]

Here are the quick facts...

Husband is US Citizen

Wife is Canadian Citizen

We married in 1996 in Canada

Have 3 US Citizen children born in USA (wife flew over to USA for each delivery and did not overstay)

Filed for I-130 which is approved.

Filed for K3 visa which is also approved and passed interview and have valid K3 visa in passport.

Wife moved over to Florida from Canada and is living here with husband and 3 kids.

We thought it would be quicker and cheaper to file for immigrant visa in Montreal instead of doing AOS in Florida so we filed immigrant visa and it is in process still at the NVC

We have now realized that our city is doing AOS very quickly and we don't want all of the extra expense and travel back and forth to Canada for medicals and interviews etc. (It is very tough and costly with 3 infant\toddler children)

We would now like to STRONGLY consider just filing the AOS here locally in Florida and waiting it out in the US rather than back to Montreal for immigrant visa.

Can we do this?

Would we just go ahead and mail in the I-485 paperwork and fees and wait until we get a NOA for it and then call the NVC up and tell them to cancel the immigrant visa processing as we have decided to go the AOS route ?

I know it would mean that we would loose all our immigrant visa fees we paid and that we would need to pay new AOS fees but TRUST ME, that will be cheaper than us flying around with all the kids and the hassle involved would be crazy.

It seems too straight forward and easy from our research and we just wanted to running by everyone on the forums to see if we are missing out something or if there is anything of importance we should carefully consider before moving forward and mailing in the I-485 stuff.

Thanks and have a great day !

Thats a lotta information .. The part i do know is that if your wife is in the USA with a valid K3 visa she can do AOS .. you should read the guides they are a big help ..

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