richardowen

Back to the original question. I would file for AOS as soon as you are eligible to do so. The advantages far outweigh the disadvantages my friend.

tony

Could you elaborate ?

Rich.'

One other thing to consider is what you might want to do should sh|t happen and a bus jumps the curb and takes out your wife before you adjust. If you want to go back to your country, nothing to worry about (other than the loss of your wife).

Yodrak

Hmmm. While it is a valid consideration to apply for immigrant status lest the unthinkable should occur, given that Rich is a K3, and if he were to apply for AOS now it would be prior to the marriage being 2 years old, so of what value, or how could that help, Yodrak?

Would it not mean then that he applies to have the conditions removed on his own rather than jointly. If there is no AOS on file, he would not even have that option and would have to leave the States. That is my understanding, at any rate.

Well there are cases where even if AOS has not yet been submitted, or, in fact, even if the beneficiary has not yet entered the country, an alien widow/widower could conceivably self-petition as an immediate relative. The wrinkle, as I understand it, is that death of a petitioner means revocation of a petition. Now, upon revocation, there is an opportunity for an immediate relative to petition on humanitarian grounds, but this requires an approved Alien Relative petition and only if the parties were married for two years prior to the death occuring. I think!

Thanks all, can we stop talking about my OH's untimely demise now please !

No it won't be a problem if you delay filing the I-485.....but be aware you may need to redo your medical if your original one is more than 12 months old.

We redid ours.....plus we left it so long we had to re aply for EAD.

If I were you I would file asap after your second anniversary.

Good luck

Thanks Ashleigh

Reading here it's appox 6 months to get AOS minimun so I was thinking of applying in April, which should give us an interview date later then September 9th. Also I think you can ask for an alternative date once.

Anyone got interview for AOS in less than 6 months from application ?

I had medical with K3 in November... will this still count for AOS if I apply in April ?

Rich./

Hi,

I'm an illegal alien, don't have a work permit and the US citizen who's supposed to marry and file petition for me is on social security welfare. In this case, if she wants to file petition, who is supposed to pay it? how?

Social security welfare isn't going to cover the fees, she has to. And she also has to be above the 125% poverty line... not sure that is possible with what social security pays out.

Since you are here illegally, you do know that if you've overstayed your visa by a considerable time, you may be forced to return to your home country for 3 or 10 years?

Thanks. I haven't been overstaying for 180 days as of today. If she is unable to be above 125% poverty line, then I have relatives who can come forward and provide a co-sponsorship. If all my relatives turn their backs on me, I will go from door to door to find me a sponsor. I believe it's not gonna be a huge problem.

But I heard once somewhere that if the US citizen receives social security benefit/welfare then the government would consider it and may want to waive the fees. Forgive me if I'm wrong.

It's not a big deal. If she can't come up with the money, then I will most probably sell this dell desktop that I'm using at 12:41 AM in the morning to come up with the cash. But finding a co-sponsor is going to be tricky anyways.

Thanks again for giving a damn about my post. I really need a lot of information but don't have money to consult/take professional help from a lawyer.

Hi Cesna!...it seems you are confusing things..from the threads offered here to read related to your situation. I did not read all of them or their posts...a couple were enough to think, maybe one crucial thing: in my opinion, in Novembre Aussiewhench gave you the right advice of what to do, asap, my question is: why you did not do nothing since then? and here you are 3 months after, and still nothing while the time is running and you put at risk your situation. You seem quite educated to me, but boy you are delaying what's most important, take care of you; you can not take care of your girlfirend if you can not take care of you, that begining with waking up and think more seriously.

Troll's only come out when someone feeds them !

Are all K-3's sent to California or is it just certain states?

My K3 was also sent to California, my wife is from Texas. It's no big deal where they send it though. I was told that they often send applications to the office with the least back-log, at present this is Califoria but it could change..

Then again, it's difficult to believe anything you're told by USCIS. Seriously though you don't have anything to worry about and it's good news as it means you're being processes.

Rich./

Hi,

Just got approval notice for our I-130 which is great however I'm on K3 right now with EOA pending so it's really not that important to me to get my green card straight away... I would do it but reading the documentation it appears that if you are married for more than 2 years at AOS interview and you are successful then a Permanent Green Card is issued. If it's less than 2 years then a Conditional Green card is issued and you have to wait 2 year to get Perm !

My question is, is it OK for me to post-pone filing AOS so that our interview is after September 9th, which will be our second wedding anniversary or would this cause problems ? It would be nice to get perm this year not have to worry for another 2 years.

Rich./

richardowen,

No, a K3 does not have to wait for the I-130 petition to be approved to apply for adjustment of status. (My wife didn't.)

Yodrak

--------

So why does point 5 on the FAQ say:

5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F

K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

and what did she answer to the first question in Part 2 of the I-485 ?

This appears to be the only possible answer....

an immigrant petition giving me an immediately available immigrant visa number has been approved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile or special immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)

but K3 is a non-immigrant visa.

Did your wife tick this box and then just not send in the NOA2 ?

Rich./

Ahh..

I think I understand now that I have to wait for 1-130 approval before doing AOS...

This is why I was confused... on the FAQ page here:

http://www.visajourney.com/faq/k3k4visa-aos.html

The answers 14.1 and 14.2 make it clear that people need to apply for AOS straight away but there is no mention of waiting for NOA from the 1-130 so the implication is that as soon as I arrived on K3 I should AOS.... further down however in the instructions to file for AOS it says to include:

5. K-1 Visa Holders: Submit Copy of NOA2 "Approval" for I-129F

K-3 Visa Holders: Submit Copy of NOA2 "Approval" for I-130

thus implying that you can't do AOS without NOA2....is this correct ?

So I thought I was clear from this thread.....

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

and yesterday we got email notice that I-130 was approved....yay !

But now I find that I'm still confused as to what I need to do now.... I'm in the US on K3 and don't want to go back to the UK for anything.

Before I thought that I didn't need to do AOS but now it looks like I do...

Has anyone here been through the process of going from K3 to having I-130 approved but continuing to get green card here and not going back home for interview etc. Any help clearing up my confusion would be lovely...

Thanks

Rich./

Thanks for that, yes we are going the DCF route. So we want to make sure we have all the correct paperwork, plus extra so there are no hassles.

Will go and re-look at the form.

Thanks

Emerald

Hi,

I'm on a K3 in the US right now waiting for my I130 to be approved. We've done a lot of research on the interview and form what a lot of other people have been saying here and elsewhere, how it goes is really dependent upon the person who interviews you. Some people have had a really simple experience where others have been interrogated, albeit without the spotlights and true serum.

I've also noted that although this could be completely co-incidental, those that spoke of having easy experiences were those who where bringing over relatives from shall we say "friendly" countries where a similar standard of living is available. i.e. UK, Canada, Australia, NZ, etc. Who would have thought it ?

There is also no such thing as too much proof of your relationship. Bring photos over a span of time, although you probably won't need them.

From the experiences I've read your's will be a very simple case for the immigration officer and they like that as it's mean that don't have to wait too long to eat again.

Rich./

Hi. I am having trouble finding the answer to this question?

Who can be a co-sponsor? Does it have to be a family member of my girlfriend (ie her mother) living in the US or can we use anyone else that lives in the US (ie friend)?

With myself (Canadian) being sponsored, would my retirement income or any assets that I own in the US be considered?

Thanks.

Hi Sly,

The answer is that a joint sponsor or co-sponsor can be anyone, as long as they are a US Citizen and it's advisable that they live in the US and even better if that's close to where you're relative intends to stay. The only issue is that they themselves must reach the 125 percent income requirement alone, you can't combine theirs with yours or anyone else's.

You can include assets, check this out for more info:

http://www.foreignborn.com/visas_imm/immig...g_affidavit.htm

Hope this helps,

Rich./

I have a similar situation. I'm here on K3 so waiting for EAD however I do contract work remotely in the UK. I have an address in the UK but do the contract work over the internet from the US. As far as the UK employer is concerned I work from home, which I do.

I'm registered as living in the UK as far as the agency is concerned and I get paid by a UK company into a UK bank account.

I didn't think about this being an issue before reading this as I thought that the reason for EAD etc is to ensure that you are not taking a job from someone who is legally allowed to work in the US.... which I am not. I'm not hurting anyone plus I'm spending all this money I have earned from the UK in the US no doubt helping the economy here.

And I do pay taxes in the UK.

Should I be worried ??

Rgds

Rich./

Hi,

I just arrived on a K3 and went to the Social Security Office in Austin, TX on Friday. I was told previously that you needed EAD to get a SSN but like with everything related to US Visa process there's a lot of miss-information so thought I'd wing it. Beats sitting on the couch anyway

After an hours wait I was told categorically the two following facts as stated by the agent and her supervisor who was the manager of the Administration office.

1) They only offer one type of SS Card to K3 Visa holders and that is the one that has "VALID FOR WORK ONLY WITH DHS AUTHORIZATION" written on it.

2) They need to use information on the EAD to enter into the system to produce this SS Card and number so it's impossible for them to issue a SSN without seeing the EAD.

Just one question !

How has anyone on a K1/K3 gotten a SSN before getting EAD ?

Sorry I lied, question two..

Why on earth would ANYONE contemplate working without authorisation after going though the visa process when you are risking deportation and 10 year exclusion ??? I just don't get it !

Rich./

image,

You can extend and address into the space below if you don't need the space for additional addresses, or you can condense and abbreviate ruthlessly to make the address fit on the 1 line. The addresses do not need to be postal quality.

Yodrak

I am in the process of completing the G325A form for my wife and I have noticed that I do not have enough room in the blanks provided for residence and employment. When the address will not fit on the line provided is it OK to write on the line below and then draw a line through month and year boxes. ????? I thought the fillable forms would have skipped to the next line but they do not (the remaining information does not show up on the printed form when you type beyomd the space provided on the fillable form)

I know it may soumd like a silly question but I dont want to do anything that will cause my form to be sent back.

USCIS lost our attachments to the Bio form and then told us that attachments weren't allowed, even though I've heard of others doing this fine.

My advice is to follow the KISS principal and make it as easy as possible for the muppet who opens it to just stamp it as ok and pass it on..... abreviate your address as much as possible to get it on one line, just leave stuff out if you need to, like "county" if you are from the UK. What's important here is that the dates are correct in that they follow a logical time line etc.

Remember to photo copy everything twice before you send it off and keep a copy each so you can both action requests for additional information. You'll need all this information again and again.

This form is for you to give them the information, they don't check anything here, that's why they're asking you for it.... it's much easier for the USCIS officer to reject your case if they actually have to think so make it easy for the robots to tick the boxes..... you don't need a college degree to work for USCIS, and I suspect it's a hinderance !

I speak from the experience of having been rejected 3 times !

Rich./

Can we get married in the states and go throught the paperwork while i live there (starting december)?

Not with intent, as you obviously do. You can go, get married, and then return to Canada tho.

Once the paperwork is started how long until I can live down there with her and work?

depends on what paperwork you do. If you try to get around the system and just leave Canada for the US at Christmas, get married and stay, you can stay indefinitely. You can't work tho until you get an EAD or Green Card. Which could take several months.

Whats a recent estimate of timeline before obtaining a greencard?

check the USCIS website for the district office where your girlfriend lives. It'll be quite some time before you have one tho.

If I stay down there and wait for papers to come, can I return to Canada when I want to during that time?

not and be allowed back in to the US, no.

Do I have no choice but to stay in Canada after we file the paperwork until it comes through?

pretty much, yeah. Them's the breaks

What are the costs associated with this...

check the USCIS website for the petition forms. You'll need an I-130, and an I-129F first for the K3 petitions. Then there's the medical exam, and a trip to Montreal or Vancouver for the interview. Then once you're in the US, there's the EAD and AOS applications.

The cost will all depend on what you choose to do at Christmas. I highly suggest you read the guides

above, and if you still have questions, ask some more.

Just for your information I just got my K3 and it took 10 months start to finish. Would have been quicker if we handn't had the forms for the I130 sent back 4 times....

Are you getting married in the US ? If so then it would be better to get a K1 cos you'll have much less hassle afterwards but don't know how long this takes....

Also look into doing Direct Consular filing from Canada.... it all depends on where you want to live while you wait for your visa.... we were both in London at the time so it was ok for us to wait for 10 months in the UK until I got the K3....

R./

Thanks for clearing that up

I also just realized why my mind was a mess earlier - I just recently was reading that K3's couldn't apply for a SSN before getting an EAD - that's why I was confused! My mind managed to mix things up, but I'm glad I have it all straight now.

Hey, thanks again all.

So basically I'm going to land, apply for EAD, get SSN and wait for approval from I130 at which point I can AOS. I don't want to have to come back to the UK if I can do it in the US.

Also just found out that my work in the UK is going to employ me as a remote contractor so I don't need to worry about getting work to pay for my tootsie roll habit anymore...wooooo hoooo !

Once again, thanks all for clearing my mind. Now I actually have less stress as I only have to get the EAD form sorted out....

On a different note...I was thinking about creating a range of T-Shirts saying "K3 Legal" and/or "Conditional Permemant Resident" or just simply " your government thinks I'm an alien" etc -- or perhaps a wristband in support of those going through the visa process.... we all need sympathy !

R./

As I was typing I really started doubting myself I had always planned on my husband coming down on K3 and applying for an EAD. And my sister's husband did it. Now I'm trying to remember where I got my crazy ideas from

You got the crezy idea from nowhere but this painful process. This long waiting process drives everybody nuts.

Thanks all,

I don't know where I got the idea that I needed to apply for AOS. I could have sworn I read somewhere about USCIS expecting K3 visa holder to make an effort to show they are in the country....

So am I correct in that I can get off the plane and with my I-94 apply for EAD directly to Chicago ?

( confusion here is that if you do have AOS NOA then as I'm going to be living in Austin I can walk this into the Houston office )

Once I get EAD I just wait for the approval of the I130 ? So what has AOS got to do with it ? Sorry, still confused....

Rich./

Hi, I am a British Citizen. I entered the U.S. 3 months ago on a Visa Waiver Program (Tourist) and ended up getting married to my boyfriend (USC) of 3 years. We are currently filing for AOS for me and have a couple of questions about the I-765 and I-485.

I-765, Q.15, asks for Current Immigration Status. I am unsure what to put, as i entered as a tourist, but now my tourist visa has expired and we're about to send the forms for AOS. What is my current immigration status??

I-485, Part 1 asks for Current USCIS status - is this the same answer as above or slightly different answer?

Part 3 asks for the Consulate where the Visa was issued - but you get the VWP form on the plane from england to USA and get it stamped in the U.S. So what is the answer to this? Which Consulate and where?

Ok i think that's everything! Any help anyone can give me would be really appreciated!!

Thank you.

This sounds a little scary, are you saying you don't have a visa to be in the country. i.e. you don't have K1 ?

I would be very careful about applying for anything to USCIS if you are not legally in the country.... they can be very nasty and you could be kicked out and then you'll have serious problems and may never get a visa.

I'm just about to come over on a K3 which has taken 12 months to get and I know others that have go to the US with the intention of getting married but you have to enter on K1 visa.

Rich./

Hi all,

I just called USCIS and was told that because I'm on K3 I don't need to apply for AOS. I just need to wait for I130. Also if I did apply for AOS then I would also need to go through I130 as well as if the I130 was denied this would cancel my AOS.

He also said that to get Employment I don't need a copy of the AOS NOA ? I just file the i-765 to Chicago !

As is quite common, this fly's in the face of everything else I've been told and the information on this site.

Can anyone who has already been through this process advise ? I know from experience that the people on the helpline at USCIS don't always give you the correct info, but this is so drastically differnet that I'm now very worried.

I have K3 and will be entering US on the 14 where I was planning to apply for AOS, get the reciept and take it to the Houston office with the i-765 to get EAS... now I don't know what to do !

Thanks

Rich./

Thanks Billyboy,

So we're pretty much in the same boat. Are you going via London Embassy ?

I'm hoping to have this by Xmas, is this realistic ? anyone ?

Thanks again....

Hi newbie here ! I've read the guides and really happy about all the info here... I wish I'd found this site 6 months ago

Can someone clear up what "touched" means in the time-lines ?

We have I-129F reciept notice from June and haven't heard anything since execpt a request for additional evidence. Our A# begins MSC - am i right to think this is processed by NBC and should I pay any attention to this:

https://egov.immigration.gov/cris/jsps/NBCprocesstimes.jsp?

Anyone else here with June reciept date and MSC ref number ?