What is next?

[sanderscn 0]

Hi,

I am a little unclear on what I will have to do next, if someone can give me some idea of what to expect I would very much appreciate it......

I am married to a US citizen. I applied for my greencard. I was informed that applying for a K3 visa will get me into the US faster and then once I am there my status can change so I get my greencard. I have had my medical and I am going for my interview next week in London (I am not sure if my iterview is for my greencard or K3 visa, because I had different case numbers and the case number that was stated on my letter with my interview date on it was the case number of my greencard).

Anyway after my interview I guess that I have to wait for my visa, then I can enter the states. If I am getting K3 visa, what will I need to do to get my green card? How longo would that take? Am I able to work and leave the US on the K3 visa?

Any help would me much appreciated, I am finding the whole process pretty difficult and confusing. I wish I had found this website earlier.

[andrewmeier 0]

Hi sanderscn, welcome to vj!

First off, to receive a greencard you must have permanent resident status. For someone married to a US citizen without having lived in the US already, the process would go something like this:

1. The couple would apply for a K-3 visa. This is the standard visa issued to foreign-spouses of US citizens who wish to bring them over here.

2. After a long..."fun" process (the US spouse gets plenty of paperwork too), the foreign spouse can then enter the US.

3. After entering the US on the K-3 visa the foreign spouse then applies for permanent resident status/adjustment of status (AOS).

4. Permanent resident status is essentially a greencard, but it will take up to 6 months to receive it. After approval you will be granted the "papers" that allow you to do everything the greencard allows you to do (work, drivers licence, etc.)...while it's still processing.

*5. You can't leave the US until you receive what is called Advanced Parole. You can apply for this at the same time as the adjustment of status.

6. After just under 2 years you apply for a new greencard (which will be valid for 10 years).

I'm not an expert, but if I have anything wrong I'm sure another member will be quick to correct me.

Hope that helps,

Good luck with your journey!

P.S. The guides on this website are extremely helpful. Check them out!

Edited October 23, 2007 by andrewmeier

[gwenneh 7]

Hi,

I am a little unclear on what I will have to do next, if someone can give me some idea of what to expect I would very much appreciate it......

I am married to a US citizen. I applied for my greencard. I was informed that applying for a K3 visa will get me into the US faster and then once I am there my status can change so I get my greencard. I have had my medical and I am going for my interview next week in London (I am not sure if my iterview is for my greencard or K3 visa, because I had different case numbers and the case number that was stated on my letter with my interview date on it was the case number of my greencard).

It looks like you have filed both the I-129F and the I-130. This is very common. It's pretty much a way of applying for two visas at once and then taking whichever route is faster! It sounds as though you have applied for both a K3 and an IR1/CR1.

Neither of these is a "green card" per se, but some of the advantages of the IR1/CR1 are very similar.

A K3 is a multiple entry visa, meaning that you can enter and leave the country as many times as you like (providing that you are maintinaing primary residence in the US!) as opposed to something like a K-1, which is a one-time use visa. The IR1/CR1 is also multiple entry.

The K3 does not come with work authorization. If you are awarded a K3, then upon moving to the US you must file for Adjustment of Status. This gets you your green card and work authorization. You can't work before the work authorization comes through.

The IR1/CR1 *is* work authorized. You also do not have to apply for adjustment of status, but are sent your green card in the post after entering the US.

Those are the main differences, anyway. The K3 was designed to reunite families faster because at one point the IR1/CR1 process was taking much longer. Now, the K3 may still be marginally faster, but as you can see there are advantages to hanging on for that IR1/CR1!

Anyway after my interview I guess that I have to wait for my visa, then I can enter the states. If I am getting K3 visa, what will I need to do to get my green card? How longo would that take? Am I able to work and leave the US on the K3 visa?

If approved, you will leave your passport at the consulate, who will print the visa in it and then courier it back to you, usually inside of a week. If you are getting a K3, once you have entered the US you need to apply for adjustment of status and your EAD (Employment authorization) before you can work. You are able to leave and re-enter the US on a K3 visa.

Sometimes there are advantages to hanging on for that IR1/CR1, not the least of which is having to "skip a step" when you get to the US and be able to work right away. The cost of AOS has gone up considerably very recently, so you may want to consider that as well.

Good luck! I hope your interview goes well.

[kim&james 0]

Hi sanderscn, welcome to vj!

First off, to receive a greencard you must have permanent resident status. For someone married to a US citizen without having lived in the US already, the process would go something like this:

1. The couple would apply for a K-3 visa. This is the standard visa issued to foreign-spouses of US citizens who wish to bring them over here.

2. After a long..."fun" process (the US spouse gets plenty of paperwork too), the foreign spouse can then enter the US.

3. After entering the US on the K-3 visa the foreign spouse then applies for permanent resident status/adjustment of status (AOS).

4. Permanent resident status is essentially a greencard, but it will take up to 6 months to receive it. After approval you will be granted the "papers" that allow you to do everything the greencard allows you to do (work, drivers licence, etc.)...while it's still processing.

*5. You can't leave the US until you receive what is called Advanced Parole. You can apply for this at the same time as the adjustment of status.

6. After just under 2 years you apply for a new greencard (which will be valid for 10 years).

I'm not an expert, but if I have anything wrong I'm sure another member will be quick to correct me.

Hope that helps,

Good luck with your journey!

P.S. The guides on this website are extremely helpful. Check them out!

Some of this is incorrect.

4. K3 can apply as soon as they step into the country for a EAD using A,9 code which will allow a employment authorisation document for the life of the K3 visa. This can be done without applying for adjustment of status.

5. K3 is a multi entry visa valid for the 2 years of the visa. You can travel overseas and gain re-entry into the USA using this however conditions of visas for other countries will still have to be satisfied ie if you need a visa to visit country A now, you still will..

6. You will 2 years after successful adjudication of your AOS (ie receiving your greencard, using the date of approval on the card) apply to have the conditions removed. This is only for those who are married less than 2 years at the time of AOS approval, if you have been married more than 2 years you will get the 10 year card.

Basic steps after entry.

File for EAD. K3 is unable to apply for SSN without employment authorisation which takes approx 90 days. So prepare for a bit of a break from work.

Or file for AOS, this now covers and includes the fee's for the EAD and (AP which you dont need). This way will in the long run be cheaper as you will save the additional fee if applying for the EAD on its own. This also covers any further fees for EAD's needed should your case take longer than a year to adjudicate.

Check the AOS forum on here and check this guide.

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

Also before leaving make sure that you have copies of your medical vaccinations. Quite often these need to be transcribed by a US civil surgeon onto the form that they use here. Stupid , yes but unavoidable.

Edited October 23, 2007 by kim&james