MeliTa

I have read and been told by the BCIS now that we must wait to file AOS until our I-130 is approved. I read somewhere that when a spouse enters on a K-3, they must file AOS within three months of entering the US.

Is there any truth to this?

Thanks,
Melissa

Folinskyinla

Hi:

They are mixing apples and organges here --

A K-ONE entrant must get MARRIED to the I-129F petitoner within 90 days of entry. That is the ONLY "three-month" deadline on anything. [Note that they can file for adjustment later].

The question of whether or not you have to wait for I-130 approval is an open one and practice varies across the country -- there are three possible scenarios:

A. You can file AOS with notice of pending I-130 and district will recover it from Service Center;
B. You can file AOS concurrently with a NEW I-130 at your local district;
C. You must wait until the I-130 is approved before you can file the I-485 AOS.

You will have to find out the practice in your locality.

Trashy Girl

In article <[email protected]>,
MeliTa <[email protected]> wrote:
    > I have read and been told by the BCIS now that we must wait to file AOS
    > until our I-130 is approved. I read somewhere that when a spouse enters
    > on a K-3, they must file AOS within three months of entering the US.
    >
    > Is there any truth to this?
    >
Actually, NO. The K-1 has 3 months of entering the US to file AOS. The
k-3 has 2 years to file AOS. From the BCIS website:
http://www.immigration.gov/lpBin/lpe...1/slb-9812/slb
-16129/slb-17735?f=templates&fn=document-frame.htm#slb-8cfrsec2142k
(pan down to find k-3/k-4 info)

The above is merely my non-legal uneducated opinion and should not be
construed in any way to be immigration advice or instruction.
--
Trashy Girl

Jerry

Read it again Trashy Girl. It does not say anywhere that a K1 MUST file
within 3 months. All it says is that you MAY file after you get married.
Your response is even worse then the "uneducated opinion" of the other
poster because you had the law right in front of you.

ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting
a valid marriage to the petitioner within 90 days of his or her admission as
a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10,
1986, the K-1 beneficiary and his or her minor children may apply for
adjustment of status to lawful permanent resident under section 245 of the
Act. Upon approval of the application the director shall record their lawful
admission for permanent residence in accordance with that section and
subject to the conditions prescribed in section 216 of the Act. (Amended
8/14/01; 66 FR 42587)




----- Original Message -----


From: "Trashy Girl" <[email protected]>
Newsgroups: alt.visa.us.marriage-based
Sent: Thursday, August 14, 2003 4:57 PM
Subject: Re: 3 months to file AOS?


    > In article <[email protected]>,
    > MeliTa <[email protected]> wrote:
    > > I have read and been told by the BCIS now that we must wait to file AOS
    > > until our I-130 is approved. I read somewhere that when a spouse enters
    > > on a K-3, they must file AOS within three months of entering the US.
    > >
    > > Is there any truth to this?
    > >
    > Actually, NO. The K-1 has 3 months of entering the US to file AOS. The
    > k-3 has 2 years to file AOS. From the BCIS website:
    > http://www.immigration.gov/lpBin/lpe...1/slb-9812/slb
    > -16129/slb-17735?f=templates&fn=document-frame.htm#slb-8cfrsec2142k
    > (pan down to find k-3/k-4 info)
    > The above is merely my non-legal uneducated opinion and should not be
    > construed in any way to be immigration advice or instruction.
    > --
    > Trashy Girl

jeffreyhy

Melissa,

"I read somewhere ..."

Sigh...

The internet is a great resource, but like any resource the information gleaned needs to be documented and critically analyzed.

Regards, JEff
"Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there." (Dave Barry)

Michael D. Young

Jerry wrote:

    > Read it again Trashy Girl. It does not say anywhere that a K1 MUST file
    > within 3 months. All it says is that you MAY file after you get married.
    > Your response is even worse then the "uneducated opinion" of the other
    > poster because you had the law right in front of you.
    > ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting
    > a valid marriage to the petitioner within 90 days of his or her admission as
    > a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10,
    > 1986, the K-1 beneficiary and his or her minor children may apply for
    > adjustment of status to lawful permanent resident under section 245 of the
    > Act. Upon approval of the application the director shall record their lawful
    > admission for permanent residence in accordance with that section and
    > subject to the conditions prescribed in section 216 of the Act. (Amended
    > 8/14/01; 66 FR 42587)

Hi All,

Even though no time limit is spelled out, there has to be some deadline. I
would assume you would at least need to file before the K-1 visa expires. You
couldn't just marry and just say you are done. (another uneducated opinion)

Take care,

Mike