tanszani

Me again,

I'm in the process of submitting my I485 and will include advance parole in case my k3 and I-94 expire before approval (one expires this August, the other this September). Do you think I should also submit an extention for my K3 ( I-539) ?

If you EAD expires before you get your GC, you HAVE to renew your EAD, you cannot work with an expired EAD.

You can't re-enter with an expired K3, you have to apply for your Advance Parole (I-131) along with your AOS if you have to travel before you get your AOS approved.

You status will automatically become pending after you file until a decision is made on your AOS

Thank you for replying. So I do not have to apply for any extention for my K3 or EAD if they have expiry dates of August and December of this year? Right now I have multiple entry on my K3...what will happen if I cross the border with my expired K3? and if my EAD expires, am I still allowed to work with that EAD? Sorry for the questions, but I appreciate your replies.

Tania

So then do you think it would be a good idea to reapply for my EAD now when I send in my AOS package - as well as submit an advance paroll now since it may take awhile before my GC gets approved?

Thanks again for all your help.

Tania

Thanks a million. I will double-check about the 90 day thing for the EAD. I did not know that the AP is free if filed with AOS.

Again, thanks for all your help

Tania

Your EAD would be included in AOS price as well.

If you EAD expires before you get your GC, you HAVE to renew your EAD, you cannot work with an expired EAD.

You can't re-enter with an expired K3, you have to apply for your Advance Parole (I-131) along with your AOS if you have to travel before you get your AOS approved.

You status will automatically become pending after you file until a decision is made on your AOS

Thank you for replying. So I do not have to apply for any extention for my K3 or EAD if they have expiry dates of August and December of this year? Right now I have multiple entry on my K3...what will happen if I cross the border with my expired K3? and if my EAD expires, am I still allowed to work with that EAD? Sorry for the questions, but I appreciate your replies.

Tania

So then do you think it would be a good idea to reapply for my EAD now when I send in my AOS package - as well as submit an advance paroll now since it may take awhile before my GC gets approved?

Thanks again for all your help.

Tania

Thanks a million. I will double-check about the 90 day thing for the EAD. I did not know that the AP is free if filed with AOS.

Again, thanks for all your help

Tania

Your EAD would be included in AOS price as well.

Yes, I understand that, but I applied for EAD separately, only because I wanted to work right away. So I will have to re-apply for that one separately since it doesn't expire until later this year. so I'll have to do that 90 days prior to expiration.

Thanks a bunch.

Tania

If you EAD expires before you get your GC, you HAVE to renew your EAD, you cannot work with an expired EAD.

You can't re-enter with an expired K3, you have to apply for your Advance Parole (I-131) along with your AOS if you have to travel before you get your AOS approved.

You status will automatically become pending after you file until a decision is made on your AOS

Thank you for replying. So I do not have to apply for any extention for my K3 or EAD if they have expiry dates of August and December of this year? Right now I have multiple entry on my K3...what will happen if I cross the border with my expired K3? and if my EAD expires, am I still allowed to work with that EAD? Sorry for the questions, but I appreciate your replies.

Tania

So then do you think it would be a good idea to reapply for my EAD now when I send in my AOS package - as well as submit an advance paroll now since it may take awhile before my GC gets approved?

Thanks again for all your help.

Tania

Thanks a million. I will double-check about the 90 day thing for the EAD. I did not know that the AP is free if filed with AOS.

Again, thanks for all your help

Tania

If you EAD expires before you get your GC, you HAVE to renew your EAD, you cannot work with an expired EAD.

You can't re-enter with an expired K3, you have to apply for your Advance Parole (I-131) along with your AOS if you have to travel before you get your AOS approved.

You status will automatically become pending after you file until a decision is made on your AOS

Thank you for replying. So I do not have to apply for any extention for my K3 or EAD if they have expiry dates of August and December of this year? Right now I have multiple entry on my K3...what will happen if I cross the border with my expired K3? and if my EAD expires, am I still allowed to work with that EAD? Sorry for the questions, but I appreciate your replies.

Tania

So then do you think it would be a good idea to reapply for my EAD now when I send in my AOS package - as well as submit an advance paroll now since it may take awhile before my GC gets approved?

Thanks again for all your help.

Tania

You status will automatically become pending after you file until a decision is made on your AOS

Thank you for replying. So I do not have to apply for any extention for my K3 or EAD if they have expiry dates of August and December of this year? Right now I have multiple entry on my K3...what will happen if I cross the border with my expired K3? and if my EAD expires, am I still allowed to work with that EAD? Sorry for the questions, but I appreciate your replies.

Tania

Need some advice.

I rec'd my K3 spousal visa August of 2007. I entered in September of 2007 and living with my husband since then. I procrastinated with AOS until now, however, I did file and receive my EAD in the meantime, and have been approved for that, and working since.

Now that I am about to submit my AOS, should or do I have to get an extension for my K3 now that my AOS will be pending for the next few months? My K3 expires in August of this year.

What should I do.

Hope this makes sence.

I am not sure about driving in to Canada but when you leave the USA they take your I-94 and you will be issued a new one on your return.

This will only happen when someone departs from an airport. And in some cases, it won't even be removed then. There is no one to "take" the I-94 when driving into Canada because the departing legal resident is no longer on US soil. It gets removed at point of re-entry.

Hi there,

Just to give you a brief update, I crossed the Canadian border yesterday by train, and the border officer did not take my I-94. He asked me when I was returning to the States, and I told him in 1 week. So he said that it stays in my passport. I'll let you know what happens on my trip back into the States next Monday.

Thanks all for your help in this matter.

Tania

Yes they will take the I-94 from you because it is a departure record, and you will get another on when you re-enter the country.

Thank you YuandDan...On my way back to the States, (going by car) do i have to tell the border that I need a new I-94 or should they know this

already...If so, does this mean that I will probably have to go aside to obtain my new I-94?

I've also read somewhere that if you go for visits less than 30days that you don't have to surrender the I-94.

Tania

Hi All,

I have a I-94 on a K3 Visa with multiple entry.

I am about to travel back to Canada - do they take the I-94 from me?

If so, do I get another one on the way back into the States when I return

in one weeks time? Please clarify and confirm with thanks, since I am not that

clear on this ...

Thanks a million,

Tania

I just recently entered into the US with my K3 spousal visa,

and am preparing my forms now to adjust status and EAD.

My medical exam in Canada was this past August, all was clear.

Can someone please confirm if I need to re-do the medical here in the States,

or will a copy of my medical and vaccination report from Canada (2months old) be sufficient to submit with the I-485?

Thanks for any advice.

Tania

Thanks for the quick reply! Will a "photocopy" of clear police certificate be sufficient to submit, or does one need a certified copy?

thanks again

tania

I just recently entered into the US with my K3 spousal visa,

and am preparing my forms now to adjust status and EAD.

My medical exam in Canada was this past August, all was clear.

Can someone please confirm if I need to re-do the medical here in the States,

or will a copy of my medical and vaccination report from Canada (2months old) be sufficient to submit with the I-485?

Thanks for any advice.

Tania

This may be a repeated question from the past, but I can't seem to find a clear answer.

Do I need a DS-156K form filled for my interview even though we have applied for a "spousal" K3 Visa.

Please confirm with thanks.

The packet from the consulate did not include this form.

Thanks

Hi all,

My K3 interview is this week, and my passport is one month short of 1 year validity. It expires July 2008.

Do you think they would deny me a Visa due to this ?

Let me know what you think

Thanks

For a K3 visa interview, I'm not entirely certain they will put it in a passport with less than two years of validity because the visa is valid for two years. Upon entry, the I-94 is valid for two years also. I'm pretty sure they will do it, as long as the passport has six months validity but you would have been much wiser to have renewed your passport before now. Unless your green card gets issued before the passport expires, any re-entry to the US could be a bit complicated. At the very least, you would need to carry both the old and new passport.

For the US embassy in Montreal, they want a passport that is valid for at least one year. There has been a minimum 10 week or more backlog on passport renewals here, and they ask you not to renew unless it's an emergency. I'm short one month, so hopefully they will not deny me a Visa based on this.

thanks everyone.

Hope for the best. For clarity though, there is only one US Embassy in Canada. It's in Ottawa. Your interview is at the Consulate in Montreal.

yes,sorry, I meant to say US consulate in Montreal. Sorry for the error.

Hi all,

My K3 interview is this week, and my passport is one month short of 1 year validity. It expires July 2008.

Do you think they would deny me a Visa due to this ?

Let me know what you think

Thanks

For a K3 visa interview, I'm not entirely certain they will put it in a passport with less than two years of validity because the visa is valid for two years. Upon entry, the I-94 is valid for two years also. I'm pretty sure they will do it, as long as the passport has six months validity but you would have been much wiser to have renewed your passport before now. Unless your green card gets issued before the passport expires, any re-entry to the US could be a bit complicated. At the very least, you would need to carry both the old and new passport.

For the US embassy in Montreal, they want a passport that is valid for at least one year. There has been a minimum 10 week or more backlog on passport renewals here, and they ask you not to renew unless it's an emergency. I'm short one month, so hopefully they will not deny me a Visa based on this.

thanks everyone.

Hi all,

My K3 interview is this week, and my passport is one month short of 1 year validity. It expires July 2008.

Do you think they would deny me a Visa due to this ?

Let me know what you think

Thanks

So, in conclusion, you think it would be best to continue forward with the K3 rather than abandon it and pursue the I-130, right.

Okay thanks and I will update my timeline shortly.

Thanks again for all your help.

No, in short, I gave you two options. Go ahead with the K3 or wait several more months to get a visa. The decision is dependant on your priorities, which you haven't mentioned. For instance, if you're going to go broke if you don't go to work within a month of US entry, that would definitely impact your decision. You decide.

Well, If the wait for the IR1/CR1 was only 2 -3 months, then I can handle it. But if it's 4-6 months, it would make it a little rough for me not to work.

If I stick with the K3, then would it still take 4-6 months before getting approved to work?

After a 4 month wait, I finally got my interview date for the K3 on August 29th.

On Friday, I rec'd notice that our I-130 got approved and forwarded to the appropriate embassy in Montreal and to proceed

with the necessary paper work.

Do I go for the interview for the K3 or do I abandon that now and go for the CR/IR1??? Not sure of the wait times,

but what are the pro's and con's of each option.

Am I able to pursue both Visa's??

Any advice is appreciated..

Your timeline conflicts with your statement above. Has your I-130 gone through the NVC process? If not, that takes at least 2 or 3 months, even using James' shortcuts. Please clarify.

Sorry, I haven't updated my timeline in quite some time. My I-130 got approved by INS awhile ago, but got retained so I had to file an I-824 to have it move to the NVC. Finally after almost 5-6 months waiting time, they just recently approved the I-824 and now my I-130 has been forwarded to the NVC, and the forwarded to the appropriate embassy in Montreal. So now they want me to proceed with the necessary paperwork.

In the meantime, I have also just rec'd notice of an interview date for the k3...in 2 weeks time. Which means I have to decide what to do pretty quickly...

I feel really torn about what to do... go with the K3 or wait for the CR/IRI ...

Ok, so your I-130 has been forwarded to NVC. Has it gone through the months long NVC process yet?

No, Right now, the I-130 was fowarded to the NVC which was forwarded to the Montreal Embassy. My husband just got the notice to pay for the AOS fee. I also got package in the mail in Canada as well to begin all the Paperwork towards the CR1/IR1. So the NVC process for the I-130 is just beginning. What do you think?

You don't have time to go through the NVC process for a CR1/IR1 visa if the I-130 was just forwarded to the NVC. I'm afraid your interview will be for a K3 visa.

I thought I could abandon the K3 to pursue the IR1/CR1 Visa, which goes back to my original question. Do I abandon or not...not sure what to do.

Please read carefully. Your case has not gone to Montreal. It is still at NVC. The NVC process takes a couple months and then your file goes to Montreal and gets in a months long queue for an interview. The only way you can avoid waiting several more months to be reunited is to go ahead with your K3 interview. Your I-130 will not make it to Montreal before the K3 interview date.

You are right. Sorry, the case has not yet gone to Montreal. It is at NVC. I didn't think the I-130 would make it to Montreal before the K3 interview at all. I was just wondering if I should abandon the K3 and pursue the I-130 since in the end, you get the more permanent 'greencard'. If you think it's best to go for the k3, then I may go ahead and do so. Can I still eventually pursue the CR1/IRI anyways?

If I were in your position, I would take the K3 interview. I wouldn't want to add several months of waiting just to avoid AOS. It really will be a long time from now for your CR1 interview - especially with the long wait for interviews in Montreal.

Okay, thanks for your advice. I may go that route afterall.

Yes, your decision is K3 in August or several more months for CR or IR1. Getting down to the bottom line required several questions, all of which would have been answered by a curren timeline. Please help us help you more efficiently by updating your timeline now and keeping it updated through the AOS process.

So, in conclusion, you think it would be best to continue forward with the K3 rather than abandon it and pursue the I-130, right.

Okay thanks and I will update my timeline shortly.

Thanks again for all your help.

After a 4 month wait, I finally got my interview date for the K3 on August 29th.

On Friday, I rec'd notice that our I-130 got approved and forwarded to the appropriate embassy in Montreal and to proceed

with the necessary paper work.

Do I go for the interview for the K3 or do I abandon that now and go for the CR/IR1??? Not sure of the wait times,

but what are the pro's and con's of each option.

Am I able to pursue both Visa's??

Any advice is appreciated..

Your timeline conflicts with your statement above. Has your I-130 gone through the NVC process? If not, that takes at least 2 or 3 months, even using James' shortcuts. Please clarify.

Sorry, I haven't updated my timeline in quite some time. My I-130 got approved by INS awhile ago, but got retained so I had to file an I-824 to have it move to the NVC. Finally after almost 5-6 months waiting time, they just recently approved the I-824 and now my I-130 has been forwarded to the NVC, and the forwarded to the appropriate embassy in Montreal. So now they want me to proceed with the necessary paperwork.

In the meantime, I have also just rec'd notice of an interview date for the k3...in 2 weeks time. Which means I have to decide what to do pretty quickly...

I feel really torn about what to do... go with the K3 or wait for the CR/IRI ...

Ok, so your I-130 has been forwarded to NVC. Has it gone through the months long NVC process yet?

No, Right now, the I-130 was fowarded to the NVC which was forwarded to the Montreal Embassy. My husband just got the notice to pay for the AOS fee. I also got package in the mail in Canada as well to begin all the Paperwork towards the CR1/IR1. So the NVC process for the I-130 is just beginning. What do you think?

You don't have time to go through the NVC process for a CR1/IR1 visa if the I-130 was just forwarded to the NVC. I'm afraid your interview will be for a K3 visa.

I thought I could abandon the K3 to pursue the IR1/CR1 Visa, which goes back to my original question. Do I abandon or not...not sure what to do.

Please read carefully. Your case has not gone to Montreal. It is still at NVC. The NVC process takes a couple months and then your file goes to Montreal and gets in a months long queue for an interview. The only way you can avoid waiting several more months to be reunited is to go ahead with your K3 interview. Your I-130 will not make it to Montreal before the K3 interview date.

You are right. Sorry, the case has not yet gone to Montreal. It is at NVC. I didn't think the I-130 would make it to Montreal before the K3 interview at all. I was just wondering if I should abandon the K3 and pursue the I-130 since in the end, you get the more permanent 'greencard'. If you think it's best to go for the k3, then I may go ahead and do so. Can I still eventually pursue the CR1/IRI anyways?

If I were in your position, I would take the K3 interview. I wouldn't want to add several months of waiting just to avoid AOS. It really will be a long time from now for your CR1 interview - especially with the long wait for interviews in Montreal.

Okay, thanks for your advice. I may go that route afterall.

After a 4 month wait, I finally got my interview date for the K3 on August 29th.

On Friday, I rec'd notice that our I-130 got approved and forwarded to the appropriate embassy in Montreal and to proceed

with the necessary paper work.

Do I go for the interview for the K3 or do I abandon that now and go for the CR/IR1??? Not sure of the wait times,

but what are the pro's and con's of each option.

Am I able to pursue both Visa's??

Any advice is appreciated..

Your timeline conflicts with your statement above. Has your I-130 gone through the NVC process? If not, that takes at least 2 or 3 months, even using James' shortcuts. Please clarify.

Sorry, I haven't updated my timeline in quite some time. My I-130 got approved by INS awhile ago, but got retained so I had to file an I-824 to have it move to the NVC. Finally after almost 5-6 months waiting time, they just recently approved the I-824 and now my I-130 has been forwarded to the NVC, and the forwarded to the appropriate embassy in Montreal. So now they want me to proceed with the necessary paperwork.

In the meantime, I have also just rec'd notice of an interview date for the k3...in 2 weeks time. Which means I have to decide what to do pretty quickly...

I feel really torn about what to do... go with the K3 or wait for the CR/IRI ...

Ok, so your I-130 has been forwarded to NVC. Has it gone through the months long NVC process yet?

No, Right now, the I-130 was fowarded to the NVC which was forwarded to the Montreal Embassy. My husband just got the notice to pay for the AOS fee. I also got package in the mail in Canada as well to begin all the Paperwork towards the CR1/IR1. So the NVC process for the I-130 is just beginning. What do you think?

You don't have time to go through the NVC process for a CR1/IR1 visa if the I-130 was just forwarded to the NVC. I'm afraid your interview will be for a K3 visa.

I thought I could abandon the K3 to pursue the IR1/CR1 Visa, which goes back to my original question. Do I abandon or not...not sure what to do.

After a 4 month wait, I finally got my interview date for the K3 on August 29th.

On Friday, I rec'd notice that our I-130 got approved and forwarded to the appropriate embassy in Montreal and to proceed

with the necessary paper work.

Do I go for the interview for the K3 or do I abandon that now and go for the CR/IR1??? Not sure of the wait times,

but what are the pro's and con's of each option.

Am I able to pursue both Visa's??

Any advice is appreciated..

Your timeline conflicts with your statement above. Has your I-130 gone through the NVC process? If not, that takes at least 2 or 3 months, even using James' shortcuts. Please clarify.

Sorry, I haven't updated my timeline in quite some time. My I-130 got approved by INS awhile ago, but got retained so I had to file an I-824 to have it move to the NVC. Finally after almost 5-6 months waiting time, they just recently approved the I-824 and now my I-130 has been forwarded to the NVC, and the forwarded to the appropriate embassy in Montreal. So now they want me to proceed with the necessary paperwork.

In the meantime, I have also just rec'd notice of an interview date for the k3...in 2 weeks time. Which means I have to decide what to do pretty quickly...

I feel really torn about what to do... go with the K3 or wait for the CR/IRI ...

After a 4 month wait, I finally got my interview date for the K3 on August 29th.

On Friday, I rec'd notice that our I-130 got approved and forwarded to the appropriate embassy in Montreal and to proceed

with the necessary paper work.

Do I go for the interview for the K3 or do I abandon that now and go for the CR/IR1??? Not sure of the wait times,

but what are the pro's and con's of each option.

Am I able to pursue both Visa's??

Any advice is appreciated..

tanszani,

If you haven't gotten your K3 visa yet you shouldn't be presently living in the USA.

How much trouble will it be for your husband to go get his car should CBP become aware of what you are doing and not let you back into the USA after one of your trips to Canada?

Yodrak

That was exactly my thought. How the heck are you "living" in the US already if you have no visa?

Good luck!

We just got married in July, went for our Honeymoon and have been back for one week. I am at his and his family's house visiting. I am technically not living here. We dont' even have our own home yet. I am going back and forth as I did before while we were engaged and dating.

He applied for the Non-resident insurance and we got the envelope today. thanks so much for your advice.

your husband could look into his insurance compagny and get a Canada NON-RESIDENT inter province motor vehicle insurance , my fiance aplied for it ( its not expansive and valide for 1 year ) and hes good for all over canada incase something happens in canada he is coverd with his insurance . maybe your husbands insurance got something like that and possible to add your name to the insurance card , but he can call his insurance and ask about it good luck Lona

THank you everyone for your responses. I'll have him ask his insurance company today or tomorrow. I am living here and travelling back and forth usually via plane, but since the prices are so expensive lately, I would like to drive up. I don't have my own vehicle yet, this is why I was going to borrow my husband's car. It's nothing fancy, it's a 2002 or 2003 Acura. I'm only going to visit Canada for about a week or so, then returning into the States, i'm not planning on a very long visit.

Any more comments would be appreciated with thanks. I would opt for the train, but it takes 9 long hours!

By the way, how long did it take before the insurance request was fulfilled for the Canadian Non resident ..?

Just wondering if it's "OK" to borrow my husband's car (on my own) while waiting for my visa

to travel to and from the States into Canada. I'm the Canadian, he's American, we are presently

living in the US.

Thanks

I thought that I would start a new thread since many of us have both I129F and I130, and aren't sure how or when the USCIS will be applying its new policy. I suppose petitions approved after 10/23 only would make sense, as that's when the policy was implemented.

Hopefully this will help us see what the USCIS is doing, and whether we can actually rely on what our NOA2's say. And whether or not we need to file the I824. Once people start having to file the I824, maybe we can include that too to see how long that takes.

Should I also include whether each person has an approved I129F?

I'll add more people later, since I'm working off of the I130 timeline, and not everyone's signature indicates whether they are pursuing both. Let me know if you want to be added, or if you know how to format, feel free to add yourself

Name ----------------------- NOA2 Date ------------------ Retain or Forward ------------- NVC Received

Mike and Adriana ----------- 11/28/06 -------------------

Our Mao -------------------- 12/04/06 -------------------

shree_anil ----------------- 12/04/06 -------------------

bosnia ----------------------12/05/06 -------------------

manana ----------------------12/06/06 -------------------

Natty Bumppo --------------- 12/06/06 -------------------

riblet --------------------- 12/06/06 -------------------

ms514 ---------------------- 12/08/06 -------------------

hello riblet

my case is also approvd n now sent to national visa center recently add me too,

but,

let me know pls in the mean time wht should i do keep waiting or fill any forms ?

thanks.

Hi there,

MY I-824 was sent back in the first week of January. It was touched once in February, and my I-130 has yet to be forwarded to the NVC.

When I called the NVC they still to this date do not have the I-130. SO I don't think that it just automatically gets forwarded as you think.

I could be wrong, but so far, there has been no movement in my case.