F1, already living within the United States - K-3 or IR1/CR1?

[bijoux427 0]

Hi, I'm new to this process and just looking for some assistance. I'm in the US on an F-1 visa that has another 2 years on it before it expires, married an US Citizen in May. I am looking into filing for the K-3 as I am keen to get the EAD within the next few months so I can begin legally working in the United States. On the forums, I notice that people recommend the CR1 over K-3, but I wanted to check as I'm already legally within the United States that the K-3 was the right path to go down? Other questions -- we will be returning to Aus in January for a wedding reception there, should I be filing an I-131 with my application? In terms of timing, do I file the 1-130 along with the AOS and EAD forms or wait for the initial petition to be approved? And when does the medical normally take place, i.e. should I book that now?

[Darnell 8,478]

i say, instead of chasing a visa -

you chase after the 'adjustment of status' , instead.

we've a Guide for that - come back on a PC - click the word 'Guides' at the top, and study study study.

[Ontarkie 13,915]

~~Moved to AOS from Work, Student and Tourist Visas from K3 Process and Procedures ~~

Edited June 15, 2015 by Ontarkie

[aaron2020 11,651]

Hi,

The K-3 visa is the wrong path. A visa is only for entering the U.S., and you are already here so you would not benefit from getting one.

You need to file for AOS. Follow the Guides.

Best of luck

[bijoux427 0]

Thanks all for the clarification. The only snag now is that my joint sponsor pointed out that the expiry date the I-864 is 03/31/15 - http://www.uscis.gov/sites/default/files/files/form/i-864.pdf

Am I missing something here or is this a non-issue? All the other forms appear to have expiry dates well into the future.

[KierenHby 897]

I864 expiration: Non-issue.. the form is after all at the official USCIS site. Occasionally, OMB clearance gets delayed.