BR549

Yodrak- thank you for your response. Do I just need to attach the I-130 NOA1 then?

driehuis,

No, the I-130 does not need to be approved before a K3 can apply for adjustment of status. My wife applied for adjustment prior to the approval of my I-130.

Yodrak

Hello,

My husband entered on a K-3 visa and since has received a work authorization without applying for AOS. He was going to just go to Montreal for his Cr1 interview etc. We have been waiting for our I-130 to be approved and it should have been approved about 2 months ago according to the time chart. We've decided to apply for AOS now so he will not have to get a new medical done and travelling to Montreal isn't going to be as easy as we thought. Plus there seems to be something wrong in our application somewhere along the lines. I have called USCIS and they took all sorts of information from me and it's been a month since then and nothing. I guess my real question is, I was reading through the instructions on the I-485 and it doesn't have anything about k-3. I am assuming this is a similar situation to the I-129F where the form was created before k-3 was. So I looked at the guide on here to see what exactly I needed to include as far as my petition notices (NOA1 NOA2). It says that I need to include the NOA2 for I-130. Does this petition really have to be approved before you can apply for AOS? This seems a bit odd to me.

Thanks for any help you can give me.

Hello,

My husband entered on a K-3 visa and since has received a work authorization without applying for AOS. He was going to just go to Montreal for his Cr1 interview etc. We have been waiting for our I-130 to be approved and it should have been approved about 2 months ago according to the time chart. We've decided to apply for AOS now so he will not have to get a new medical done and travelling to Montreal isn't going to be as easy as we thought. Plus there seems to be something wrong in our application somewhere along the lines. I have called USCIS and they took all sorts of information from me and it's been a month since then and nothing. I guess my real question is, I was reading through the instructions on the I-485 and it doesn't have anything about k-3. I am assuming this is a similar situation to the I-129F where the form was created before k-3 was. So I looked at the guide on here to see what exactly I needed to include as far as my petition notices (NOA1 NOA2). It says that I need to include the NOA2 for I-130. Does this petition really have to be approved before you can apply for AOS? This seems a bit odd to me.

Thanks for any help you can give me.

My application was at NVC about a week from what i can tell. I got a letter saying they sent it to the embassy about 5 days after they sent it. So it could be on it's way! My case wasn't ever updated on the site. Don't lose hope and stop counting days. It will only drive you completely crazy and make the time seem to go slower. Good luck!

You sound like you are very prepared. As long as you have everything on the checklist and nothing is expired etc. you will be just fine. it's always good to bring a little extra stuff to prove your relationship. They barely glanced at our wedding pictures we brought and looked at nothing else (we went a little overboard). Better to have too much than not enough! But make sure you have at least 1 copy of every single document on the checklist because they might want a copy to keep. You will be fine. Interviews are always rather anticlimatic after waiting for so long. They are a breeze! Good luck!!!!!

It is great news that the CSC seems to be moving quicker although I'm thinking something is wrong with my application. I think maybe we messed up somewhere. We got a K-3 months ago and then applied for work authorization without AOS. We preferred to go through the NVC and make a trip to Canada for the interview. They are well past my receipt date on the time report. I know i should call the customer service number but i figured i'm not in a huge hurry since my husband is home and working and that i'll wait the 30 days they say to wait after the time report passes your receipt date. I was just wondering if anyone else has done this (not doing AOS after K-3) and if there was something we needed to tell them at the California Service center after receiving the K-3???

The only luck I had getting any information from Montreal was calling them during their rather restrictive hours that they'll answer the phone. They never answered my emails. Vancouver is great about communicating with fax and email but not so great about the phones. I dunno which is better but I wish they were more easy to communicate with. I guess that's just another hurdle they want to give us.

Way to look at the positive. Keep up your happy dance and best of luck!

It's pathetic what Canada is allowing to go on there.

Like I already said, there would be no Canada if the white man had just stayed home. Everything else is an offshoot of that original crime.

That's history that can't be changed. What CAN be changed is what is happening right now.

It can be fixed. Go back to Europe. Give them their land back and take your liquor stores with you.

You don't happen to live in someone's native land do you? Just trying to get some hackles up? Must be a real power trip. Go get yourself a beer.

The K-3 visa's are processed throught the national benefits center or missouri service center. Here's the link......... https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp?

I don't think everything is the USC's fault. I'm sure it happens both ways just as frequently. We probably just hear more about it when the immigrant has the problems because they are in a strange place and need help when they often times have no idea where to get it. I wish it didn't happen at all. But it happens nonetheless and it stirs us up. There are good and bad people everywhere you go. Sometimes you have to just take your lumps in life, chalk it up to a bad experience and keep on keeping on.

The Devil's Advocate means that you don't always see the person you are talking to's side. Which helps them create a whole other view and maybe admit faults and correct them before they take things too far and never see their own mistakes and faults before it is too late. It is never a bad idea to have one of those around. My best friend's are ones that will tell me if i think i'm making a mistake. That has to come with a certain amount of not being rude or condescending. I guess there is a balance that has to happen.

And I agree totally with dmartmar in that if your wife chooses to work illegally, jeopardizing your ability to be together then she probably doesn't care that much about the relationship and if I were looking at the husband's point of view that would be an ender for me. I'm not at all speaking with bitterness either. My husband wasn't about to do 1 illegal thing that would put our relationship in jeopardy and he went back to work today.

This is just another fine example of how not knowing the full story can lead to out of line opinions. But we only know what we read.

If the abuse (if there is any) is the real issue well that's a whole other ball game. But then again we don't really know. I hope she finds the resources to get help. I hope she is not being abused and is simply having communication problems with her husband. I also hope she is not in fact trying to work illegally (like many of us have perceived) as that only makes it more difficult for immigrants in the future.

We just need to keep one thing in mind. This website was designated for support and guidance in our processes. i have found it priceless. You can say what you think and give good advice without being mean. And just because someone writes something you don't want to hear doesn't necessarily mean it isn't right.

Congrats and have a wonderful time!

I am assuming that we are all on here because ourselves or our spouse is trying to immigrate or has immigrated. Yes that would be to the U.S. . It is a world issue and always will be. How would you like it if somebody said their lives wouldn't have been ruined if you'd just stayed in your own country? As controversial as these issues can be it is indeed correct that it is history that can't be changed. There are legal ways of getting your rights heard and realized. Those are the avenues you need to take.

Most people on here are dealing with legal immigration which makes it extremely difficult to see people burning things to get their way or demonstrating in the streets with their flags that they are not criminals because they are in the U.S. illegally. I guess you gotta ask someone who has gone through the ####### of doing it legal if you really feel sorry for them. They are only creating a bad names for themselves.

And yeah I was trying to be politically correct by clarifying the native american thing. Should I have said Native Canadian? I, in fact always thought it was quite strange why the U.S. is called "America" when technically America encompasses all the countries in North and South America. But that's another issue all together. LOL what would this world be like without controversy?

Are you talking about Native American Indians? I hadn't heard anything about this I'll have to go research it. Nice Pictures!

Well you did the right thing then. The application gets sent to Chicago initially for K-3 where it gets processed and a NOA1 is sent. I think Chicago makes sure you have included the proper information and fees etc. It is then sent to Missouri for the rest of the process. I hope you hear something soon.

Does your receipt say that it was mailed from California or Missouri? Is it possible that you mistakenly applied for k-1 because it is on the same form? Just a thought and if that is that case you need to notify the service center ASAP.

Don't worry about being able to get Molson Canadian in the States. We bought a KEG of it for a party this weekend!!!! It's all my husband can do to not tap it already.

I know with the K-3 that they just want to see originals at the interview.

It will go to California (too bad it isn't Vermont though.... they are much faster)

The guides on VJ are very accurate and very good outline for what you can be working on ahead of time. I agree with everyone on here that K-3 is not the way to go if you do not want to have to leave your wife for at least six months. It is also unnecessary if you are already in the U.S. and don't plan on going back to Canada. If you should still choose to go that route...... You can apply for work authorization once you enter the U.S. with your K-3 and activate it. You can either let your I-130 ride in the service center and go through the NVC or apply for AOS the same time as your EAD. EAD will take another few months. I've seen you on here before a few months ago so i would think that by the time processing is completely done to where you can work, your TN will have been expired for awhile. Once you are married........ whether or not you have started the immigration process, it is technically not legal to renew the TN because of the whole dual intent thing. We found this out the hardest way possible because we had no idea what we were doing at the time. He was completely banned from the country because they knew he had a wife, a house and a job here. It took six months of stress before we got him back home. I would absolutely hate to see someone else go through the same thing.

It took 2 weeks for it to go between NVC and the embassy. It took another week for it to reach us after the embassy got it. It about two months for us to get the interview after that was sent in. It probably would have been longer but we got our case transferred to Vancouver and got an interview date right away. You're probably looking at 3 months minimum before the interview. Good luck and be patient!

Yeah I was wondering how the biometrics plays into the timeline too. John got his biometrics appt. right away and I have heard that the EAD is basically approved when they give you the biometrics appt. . But it has been over two weeks and nothing has changed with the online status and we have not received anything. But you can't count on the online status updating and who knows what they are doing at the service center.............. so i guess we just hope for the best and expect the worse. His employer is also holding his job for him so we are pretty antsy. Let's keep out fingers crossed

Yup very easy getting married in Vegas. That my husband was from Canada was never even an issue that was brought up. Just fill out the form and get your license and go to a chapel

They are very good at getting back to you through email in Vancouver. I have found this is the best way to communicate with them. Their email is vancouverk@state.gov. Congratulations and good luck!

We got our visa the other day and the I-134 wasn't included in the checklist. Maybe they don't require it for k-3 but do for k-1. We had it ready anyway just in case but they never asked for it. If it isn't a big deal to fill it out and bring it with you to the interview then do it. I would also be inclined to think that if the form were in the packet that you should definitely play it safe. I know its frustrating when paperwork is not consistent.