?? About I-130 when K3 is approved?

[fas550 0]

Hope someone can answer this:

Once the K3 is approved and my wife is in the U.S. with me what is the process for the I-130 for the CR-1? Where does the interview take place? Here in the U.S. I would assume and not at the Embassy in my Wife's native country?

Thanks

Frank

[pushbrk 12,236]

Hope someone can answer this:

Once the K3 is approved and my wife is in the U.S. with me what is the process for the I-130 for the CR-1? Where does the interview take place? Here in the U.S. I would assume and not at the Embassy in my Wife's native country?

Thanks

Frank

Unless you file an I-824 and pay an additional $200, nothing at all will happen to the I-130 after NOA2. The K3 will continue to process and USCIS will assume you plan to adjust status in the USA instead of following through with the CR1.

If you wish to continue the I-130, she will be required to return to her native country for the interview.

[lovelycouple 0]

Frank,

Once your K3 is approved and your wife is in the US you need to file for an AOS. You have the option of either CR-1 or K3. If she has a K3 means that you chose K3 over CR-1. Now when she is in the US you need to file an AOS. Hope this helps.!!

Hope someone can answer this:

Once the K3 is approved and my wife is in the U.S. with me what is the process for the I-130 for the CR-1? Where does the interview take place? Here in the U.S. I would assume and not at the Embassy in my Wife's native country?

Thanks

Frank

Edited April 10, 2007 by lovelycouple

[LvivLovers 39]

Frank,

Once your K3 is approved and your wife is in the US you need to file for an AOS. You have the option of either CR-1 or K3. If she has a K3 means that you chose K3 over CR-1. Now when she is in the US you need to file an AOS. Hope this helps.!!

Hope someone can answer this:

Once the K3 is approved and my wife is in the U.S. with me what is the process for the I-130 for the CR-1? Where does the interview take place? Here in the U.S. I would assume and not at the Embassy in my Wife's native country?

Thanks

Frank

Just curious. Do you all think they do it this way just to make extra money? Because it seems to me it shouldn't matter where you complete this process. Why does it require a completely different path, forms, etc.? My wife isn't going to change into another person depending on where we do this interview. This whole process is just so dumb it's beyond belief. I just can't figure out if it was general incompetence that caused this or if it is intentional in order to either make more money or make the process more difficult and thus slow down immigration. I often wonder if that really is a goal of the government also.

[fas550 0]

Frank,

Once your K3 is approved and your wife is in the US you need to file for an AOS. You have the option of either CR-1 or K3. If she has a K3 means that you chose K3 over CR-1. Now when she is in the US you need to file an AOS. Hope this helps.!!

Hope someone can answer this:

Once the K3 is approved and my wife is in the U.S. with me what is the process for the I-130 for the CR-1? Where does the interview take place? Here in the U.S. I would assume and not at the Embassy in my Wife's native country?

Thanks

Frank

So how do I apply for AOS? Just wait 18 months then do so?

Thanks

Frank

[Yodrak 7]

Frank,

You don't. Your wife does, by submitting a form I-485. Whenever she's ready, no need to wait 18 months.

Yodrak

So how do I apply for AOS? Just wait 18 months then do so?

Thanks

Frank

[Yodrak 7]

pushbk,

Point of clarification: Something will happen with the I-130 - it will be retained by the USCIS because it is needed for adjustment of status by the USCIS in the USA in the same way that it is needed for an immigrant visa by a consulate overseas.

Yodrak

Hope someone can answer this:

Once the K3 is approved and my wife is in the U.S. with me what is the process for the I-130 for the CR-1? Where does the interview take place? Here in the U.S. I would assume and not at the Embassy in my Wife's native country?

Thanks

Frank

Unless you file an I-824 and pay an additional $200, nothing at all will happen to the I-130 after NOA2. The K3 will continue to process and USCIS will assume you plan to adjust status in the USA instead of following through with the CR1.

If you wish to continue the I-130, she will be required to return to her native country for the interview.

[Yodrak 7]

LvivLovers,

No, they do not do this to make extra money. They do it to minimize cost and to minimize the risk that the approved petition or any of the file contents will be lost by unnecessary shiping and handling of the file back and forth between the USCIS and the DOS.

Yodrak

Just curious. Do you all think they do it this way just to make extra money? Because it seems to me it shouldn't matter where you complete this process. Why does it require a completely different path, forms, etc.? My wife isn't going to change into another person depending on where we do this interview. This whole process is just so dumb it's beyond belief. I just can't figure out if it was general incompetence that caused this or if it is intentional in order to either make more money or make the process more difficult and thus slow down immigration. I often wonder if that really is a goal of the government also.

[LvivLovers 39]

LvivLovers,

No, they do not do this to make extra money. They do it to minimize cost and to minimize the risk that the approved petition or any of the file contents will be lost by unnecessary shiping and handling of the file back and forth between the USCIS and the DOS.

Yodrak

Just curious. Do you all think they do it this way just to make extra money? Because it seems to me it shouldn't matter where you complete this process. Why does it require a completely different path, forms, etc.? My wife isn't going to change into another person depending on where we do this interview. This whole process is just so dumb it's beyond belief. I just can't figure out if it was general incompetence that caused this or if it is intentional in order to either make more money or make the process more difficult and thus slow down immigration. I often wonder if that really is a goal of the government also.

No. I didn't mean about the holding of the I-130s...I meant about having so many different forms, processes, and steps when we're all trying to do basically the same thing. I just can't understand why they can't have us fill out ONE form with all the information required, submit all the fees that apply at one time, and submit all required documentation all at the same time. Let us submit it wherever there is an embassy, consulate, or office that is closest or most convenient to us, and then do whatever they need to do internally to make it happen. I think it would be a heck of a lot more clear, a lot quicker, a lot cheaper, etc. There's no good reasons for this monstrosity of a process. I mean look at how much time is wasted once the I-130 goes to the NVC and we do the "mail dance" sending things back and forth one thing at a time. Even if we used all the same forms, fees, etc. why can't we just bundle it all up in one packet and send it to them? How much time, effort, and confusion would be eliminated? A much simpler process would be better for everyone.

[Yodrak 7]

LvivLovers,

Thanks for the clarification. I'm sure that a simpler process would require simpler immigration law. The USCIS' job, and DoS' job, is to implement what Congress wrote and the President signed into law. People generally do not make their own jobs more difficult than necessary, but as IMBRA and even more Adam Walsh have demonstrated, the 'law' of unintended consequences is alive and well in politics.

Yodrak

No. I didn't mean about the holding of the I-130s...I meant about having so many different forms, processes, and steps when we're all trying to do basically the same thing. I just can't understand why they can't have us fill out ONE form with all the information required, submit all the fees that apply at one time, and submit all required documentation all at the same time. Let us submit it wherever there is an embassy, consulate, or office that is closest or most convenient to us, and then do whatever they need to do internally to make it happen. I think it would be a heck of a lot more clear, a lot quicker, a lot cheaper, etc. There's no good reasons for this monstrosity of a process. I mean look at how much time is wasted once the I-130 goes to the NVC and we do the "mail dance" sending things back and forth one thing at a time. Even if we used all the same forms, fees, etc. why can't we just bundle it all up in one packet and send it to them? How much time, effort, and confusion would be eliminated? A much simpler process would be better for everyone.

[hhN400 3]

... How much time, effort, and confusion would be eliminated? A much simpler process would be better for everyone.

Undoubtedly, anybody who has his wits about him/her could easily design a much better system starting from the ground up. The problem is that there is a legacy to be maintained, that this is a big country, that there are many immigration petitions, and that the system is still largely paper-based. The latter fact, in particular, makes it easier at each step to request yet another paper copy of the same document that has been submitted already umpteen times before at previous steps instead of retrieving it from some central federal document repository. This also means, of course, that the validity of the paper documents submitted has to be established over and over again, at a huge expense of time and effort.

I understand that USCIS is in the process of converting everything to an electronic document platform. I would imagine that once this is completed one could simply quote the electronic reference number for a previously submitted document and that there would be no need to resubmit and, in particular, to revalidate it. This conceivably might reduce many applications to one simple form and the processing time to a matter of days (I know, now I am dreaming).

Of course, other than anecdotal information, I have no real knowledge how this future system would work, but we can all hope that it would work better, easier, and -- most of all -- quicker than the present system. In the meantime, unfortunately, we have to work with what we have. That's life.

[ya falaha! 0]

So there is no rush to do AOs once my husband is here? Is it true that we can file for the EAD, wait for it to be approved, then file AOS?

Frank,

You don't. Your wife does, by submitting a form I-485. Whenever she's ready, no need to wait 18 months.

Yodrak

So how do I apply for AOS? Just wait 18 months then do so?

Thanks

Frank

[Yodrak 7]

moody,

Rush or not rush, the reasons for doing either will vary from couple to couple.

There is a benefit to a K3 applying for EA before they apply for AOS - what's a waste for K1s is a bonus for K3s.

Yodrak

So there is no rush to do AOs once my husband is here? Is it true that we can file for the EAD, wait for it to be approved, then file AOS?

[ullumanali 0]

Yodrak,

Can you explain further what is the benefit of applying for Employment Auth before AOS for a K3?

Also, could you explain the meaning of 'Yodrak'? Just curious!

Thanks!

/UM

moody,

Rush or not rush, the reasons for doing either will vary from couple to couple.

There is a benefit to a K3 applying for EA before they apply for AOS - what's a waste for K1s is a bonus for K3s.

Yodrak

So there is no rush to do AOs once my husband is here? Is it true that we can file for the EAD, wait for it to be approved, then file AOS?

[Yodrak 7]

/UM,

Same as the disadvantage of applying for EA before AOS for a K1 - the EA is valid for the duration of the allowed stay in the USA as indicated on the I-94.

Yodrak

Yodrak,

Can you explain further what is the benefit of applying for Employment Auth before AOS for a K3?

.....

Thanks!

/UM

Edited April 14, 2007 by Yodrak