Impact of choice between IR1 and K-3

[ullumanali 0]

tiberonsuave,

I read another post from you on a thread that said -

"Our AOS is pending since August 2004 and we have to file for Advanced Parole and Employment Authorization Documents adn Adjustment of Status. The AP and EAD are annual costs while the AOS is usually a one time fee."

Can you elaborate on this? What is the sequence of filing these? How much does each cost?

I'm guessing that we need to file AOS as soon as your spouse lands in the US with a K3, and simultaneously also apply for EAD, (and keep renewing every year?).... how does Advanced Parole fit into the picture?

Thanks!

/UM

So you are advocating submitting an I-485 on a K-3 visa knowing full well that it will be denied and the applicant will lose $385 dollars. Not nice.

t

t,

Not at all.

The I-130 does not have to be approved before the application to adjust status can be submitted. The I-130 does have to be approved before the application to adjust status can be approved.

Significant difference.

Yodrak

[tiberonsuave 0]

You can enter on the K-3. It is a multiple entry visa valid for two years. So you will not "need" advanced parole for two years. Our case is unusual in the amount of time it is taking. After two years your spouse will need to have advanced parole in hand prior to departing the US if she wishes to be allowed to return. Hopefully your spouse will have her greencard by then and it will not be necesssary. If she does not wish to ever leave the country she will not need one. But what if a family emergency arises. It takes time to get the AP.

As to timing on applying for AOS to be sucessful you will need to have an approved I-130. I would apply as soon as you are approved. However, there are no likely problems until she is six months out of status. Don't let that happen.

tiberonsuave,

I read another post from you on a thread that said -

"Our AOS is pending since August 2004 and we have to file for Advanced Parole and Employment Authorization Documents adn Adjustment of Status. The AP and EAD are annual costs while the AOS is usually a one time fee."

Can you elaborate on this? What is the sequence of filing these? How much does each cost?

I'm guessing that we need to file AOS as soon as your spouse lands in the US with a K3, and simultaneously also apply for EAD, (and keep renewing every year?).... how does Advanced Parole fit into the picture?

EAD is a requirement to legally work. If you wife does not wish to work you need never apply.

t

Thanks!

/UM

So you are advocating submitting an I-485 on a K-3 visa knowing full well that it will be denied and the applicant will lose $385 dollars. Not nice.

t

t,

Not at all.

The I-130 does not have to be approved before the application to adjust status can be submitted. The I-130 does have to be approved before the application to adjust status can be approved.

Significant difference.

Yodrak

[ullumanali 0]

You can enter on the K-3. It is a multiple entry visa valid for two years. So you will not "need" advanced parole for two years. Our case is unusual in the amount of time it is taking. After two years your spouse will need to have advanced parole in hand prior to departing the US if she wishes to be allowed to return. Hopefully your spouse will have her greencard by then and it will not be necesssary. If she does not wish to ever leave the country she will not need one. But what if a family emergency arises. It takes time to get the AP.

This is great info... Thanks!

As to timing on applying for AOS to be sucessful you will need to have an approved I-130. I would apply as soon as you are approved. However, there are no likely problems until she is six months out of status. Don't let that happen.

I'm still a little confused here.... so by this you meant that I need to file for AOS as soon as NVC approves my I-130 (and might keep in on hold while the K3 comes through) but wait until she arrives in the US on a K3, right?

EAD is a requirement to legally work. If you wife does not wish to work you need never apply.

She will definitely be working, but you said something about this being an annual cost.... so for every year that she is waiting for AOS to be approved, we have to keep re-filing the EAD?

/UM

tiberonsuave,

I read another post from you on a thread that said -

"Our AOS is pending since August 2004 and we have to file for Advanced Parole and Employment Authorization Documents adn Adjustment of Status. The AP and EAD are annual costs while the AOS is usually a one time fee."

Can you elaborate on this? What is the sequence of filing these? How much does each cost?

I'm guessing that we need to file AOS as soon as your spouse lands in the US with a K3, and simultaneously also apply for EAD, (and keep renewing every year?).... how does Advanced Parole fit into the picture?

Thanks!

/UM

[tiberonsuave 0]

You can enter on the K-3. It is a multiple entry visa valid for two years. So you will not "need" advanced parole for two years. Our case is unusual in the amount of time it is taking. After two years your spouse will need to have advanced parole in hand prior to departing the US if she wishes to be allowed to return. Hopefully your spouse will have her greencard by then and it will not be necesssary. If she does not wish to ever leave the country she will not need one. But what if a family emergency arises. It takes time to get the AP.

This is great info... Thanks!

As to timing on applying for AOS to be sucessful you will need to have an approved I-130. I would apply as soon as you are approved. However, there are no likely problems until she is six months out of status. Don't let that happen.

I'm still a little confused here.... so by this you meant that I need to file for AOS as soon as NVC approves my I-130 (and might keep in on hold while the K3 comes through) but wait until she arrives in the US on a K3, right?I am not sure with the new USCIS approving many I-130s at the same time as the K-3s.

EAD is a requirement to legally work. If you wife does not wish to work you need never apply.

She will definitely be working, but you said something about this being an annual cost.... so for every year that she is waiting for AOS to be approved, we have to keep re-filing the EAD?

yes it will be an annual cost until approval of AOS.

/UM

tiberonsuave,

I read another post from you on a thread that said -

"Our AOS is pending since August 2004 and we have to file for Advanced Parole and Employment Authorization Documents adn Adjustment of Status. The AP and EAD are annual costs while the AOS is usually a one time fee."

Can you elaborate on this? What is the sequence of filing these? How much does each cost?

I'm guessing that we need to file AOS as soon as your spouse lands in the US with a K3, and simultaneously also apply for EAD, (and keep renewing every year?).... how does Advanced Parole fit into the picture?

Thanks!

/UM

[doodlebug 3]

So assuming I go with the K-3, and the K-3 gets processed 2 months (?) faster than the I-130, for my wife to be able to work it would work out as follows:

K3 Timeline from visa approval: Atleast 3 months before she can work

K3 Additional Cost: I-485 Filing fee ($325) + Biometrics Fee ($70) + I-765 Filing Fee ($180) = Total cost of $575 + Atleast 1 month opportunity cost

Vs.

I-130 Timeline: 2 months additional wait than K3 approval, but she can work immediately on arrival

I-130 Additional Cost: None

So based on this is it fair to assume that it is more cost effective and faster from an employment perspective to follow the I-130 path, assuming there are no hiccups in the process? Or am I making an error here?

I don't think that is correct so I hope someone more knowledgeable than me chimes in here.

I think the price for both options are the same.

[Mononoke28 134]

This is true. Also, keep in mind that the $575 is current pricing, these will go up more than 50% some time this year, so it'll probably be over $1000. Yikes!

The prices are correct, I just checked them with the USCIS web site.

[Yodrak 7]

t,

When did I ever advocate that? As long as an I-130 has been submitted an I-485 will be accepted for processing. The I-130 will be approved before the I-485 is approved, if only minutes before. No need to delay submitting I-485 waiting for the I-130 to be approved.

Consider also the case of someone adjusting status from some non-immigrant classification other than K, in which case the I-130 and I-485 are submitted together. No wait to submit I-485 until after the I-130 has been submitted and approved.

It's also quite similar to the situation of applying for citizenship prior to removal of conditions having been approved. The petition to remove conditions must and will be approved before the application for citizenship is approved, but that's not the same thing as saying that the petition to remove conditions must be approved before the application for citizenship can be submitted.

Yodrak

So you are advocating submitting an I-485 on a K-3 visa knowing full well that it will be denied and the applicant will lose $385 dollars. Not nice.

t

t,

Not at all.

The I-130 does not have to be approved before the application to adjust status can be submitted. The I-130 does have to be approved before the application to adjust status can be approved.

Significant difference.

Yodrak

You seem to be contradicting yourself Mr. Yo

t

"t,

It is you who are wrong - I-130 does not need to be approved before a K3 can apply to adjust status.

Please stop posting incorrect information about this.

Yodrak"

Portlander,

adjust, not change, her status (the two words have distinctly different meanings in the context of immigration).

And adjustment is not like re-filing the I-130. For a K3 an approved I-130 is a requirement for adjusting status. Applying to adjust status is more like applying for an immigrant visa. In fact, it's an alternative to applying for an immigrant visa. A K3 can chose to do either one or the other in order to gain immigrant status.

Yodrak

Edited March 13, 2007 by Yodrak

[Yodrak 7]

/UM,

NVC does not approve the I-130. USCIS approves I-130. I-130 does not get sent to the NVC unless and until it has been approved.

Your spouse can apply for AOS as soon as she wants to after arriving in the USA, whether or not your I-130 has been approved. The I-130 will be approved by the time the I-485 is approved. It's becoming a moot point these days, since I-130 approval is taking much less time than it used to in most cases. But in the event that I-130 has still not been approved when a K3 arrives in the USA it does not mean that the K3 cannot immediately apply for AOS.

My K3 wife held off on applying for AOS for a few weeks after entry so as to first apply for her EA. Like a K1, EA based on K3 status is good for the duration of the I-94. Not so good for a K1, but great for a K3.

Yodrak

As to timing on applying for AOS to be sucessful you will need to have an approved I-130. I would apply as soon as you are approved. However, there are no likely problems until she is six months out of status. Don't let that happen.

I'm still a little confused here.... so by this you meant that I need to file for AOS as soon as NVC approves my I-130 (and might keep in on hold while the K3 comes through) but wait until she arrives in the US on a K3, right?

/UM

[ullumanali 0]

/UM,

NVC does not approve the I-130. USCIS approves I-130. I-130 does not get sent to the NVC unless and until it has been approved.

Your spouse can apply for AOS as soon as she wants to after arriving in the USA, whether or not your I-130 has been approved. The I-130 will be approved by the time the I-485 is approved. It's becoming a moot point these days, since I-130 approval is taking much less time than it used to in most cases. But in the event that I-130 has still not been approved when a K3 arrives in the USA it does not mean that the K3 cannot immediately apply for AOS.

My K3 wife held off on applying for AOS for a few weeks after entry so as to first apply for her EA. Like a K1, EA based on K3 status is good for the duration of the I-94. Not so good for a K1, but great for a K3.

Yodrak

As to timing on applying for AOS to be sucessful you will need to have an approved I-130. I would apply as soon as you are approved. However, there are no likely problems until she is six months out of status. Don't let that happen.

I'm still a little confused here.... so by this you meant that I need to file for AOS as soon as NVC approves my I-130 (and might keep in on hold while the K3 comes through) but wait until she arrives in the US on a K3, right?

/UM

Thanks Yodrak, this helps!

[Robor007 0]

From what I've seen most people are reporting that their I-129F & I-130's are approved on the same day. Ours was that way. The I-129F was sent on and the I-130 was retained.

[meauxna 15]

From what I've seen most people are reporting that their I-129F & I-130's are approved on the same day. Ours was that way. The I-129F was sent on and the I-130 was retained.

Since you've probabaly been watching, maybe you can tell me... do you know of any other I-130s filed around your time at the same SC that have NOT yet been approved? There's a rumor that filing I-129f somehow accelerates I-130 processing, with the backhanded prize of the K-3 instead of a shot at an IV of course.

Appreciate any ideas you've got.

[aussiewench 9]

Vs.

I-130 Timeline: 2 months additional wait than K3 approval, but she can work immediately on arrival

I-130 Additional Cost: None

So based on this is it fair to assume that it is more cost effective and faster from an employment perspective to follow the I-130 path, assuming there are no hiccups in the process? Or am I making an error here?

You have additional costs at the NVC and interview stage.

NVC

AOS Bill = $70

IV Bill (for visa application) = $380

Cost of any documentation requested by NVC eg Police Certificate if required to be sent.

Interview - Vaccinations, Medical, Police Certificate (if not already submitted to NVC)

From an employment perspective, yes it is faster as the immigrant visa is the Green Card and are able to work straight away. There is no applying for EAD.

I would take note as well of meauxna's post on what may be happening.

[sahar1018 0]

Hiya:

We received our approvals for both K3 and I-130 at the same day and since we were confused on which way to go, we called our lawyer who said that the I-130 to be processed willtake 6 to 9 months longer than the K3????????

NVC has sent a letter with a case number that our file has been sent to Cyprus for the K3 (Where we got married) though I am a resident of Egypt but looks like this is the way it is done for the K3

Anyone, has any idea on what happens next?

I e-mailed the US embassy in Cyprus this morning as I am really worried about the mail status in Cairo

So any insights so at least I will be ready as I will have to travel to Cyprus and do not want to have any surprises there?

Thank you for all your help

[Mononoke28 134]

The reason why your lawyer is saying that going with the I-130 now instead of the I-129F is because you will need to file an I-824 to go that route, and that'll take 6-9 months to process. It's less expensive now (and faster) to go with the I-129F.

And yes, the next step is to keep contacting the embassy in Cyprus to follow up on your case just in case the paperwork gets misplaced.

[meauxna 15]

file an I-824 to go that route, and that'll take 6-9 months to process.

Oh this just gets more precious by the day....

I did not know that the I-824 took that long. What a ripoff.