AOS after K-1
Jun 15th 2002, 3:20 pm
#1
Guest
Posts: n/a
AOS after K-1
My wife got in just fine on the K-3. When I sent the papers to Dallas, TX they
rejected them saying that they need the I-130 approval. Do I have to wait till
Mesquite approves the original I-130?(Usually takes a year) or is there another way?
Thanks Neal
rejected them saying that they need the I-130 approval. Do I have to wait till
Mesquite approves the original I-130?(Usually takes a year) or is there another way?
Thanks Neal
Jun 15th 2002, 4:20 pm
#2
Guest
Posts: n/a
Re: AOS after K-1
Amazonpott wrote:
> My wife got in just fine on the K-3. When I sent the papers to Dallas, TX they
> rejected them saying that they need the I-130 approval. Do I have to wait till
> Mesquite approves the original I-130?(Usually takes a year) or is there another
> way? Thanks Neal
Hi All!
You need to wait until the spouse petition is approved to adjust from a K-3 visa,
since unlike the K-1 that gives you entry to marry and then adjust. The K-3 just
gives you entry to hang out until the spouse petition is approved, then you have two
options, stay and file the AOS or go back to the home country and file for the spouse
visa. Then there is always the remote possibility of the spouse petition being denied
and then the K-3 visa is history.
Take care,
Mike
> My wife got in just fine on the K-3. When I sent the papers to Dallas, TX they
> rejected them saying that they need the I-130 approval. Do I have to wait till
> Mesquite approves the original I-130?(Usually takes a year) or is there another
> way? Thanks Neal
Hi All!
You need to wait until the spouse petition is approved to adjust from a K-3 visa,
since unlike the K-1 that gives you entry to marry and then adjust. The K-3 just
gives you entry to hang out until the spouse petition is approved, then you have two
options, stay and file the AOS or go back to the home country and file for the spouse
visa. Then there is always the remote possibility of the spouse petition being denied
and then the K-3 visa is history.
Take care,
Mike
Jun 16th 2002, 3:20 am
#3
Guest
Posts: n/a
Re: AOS after K-1
On Sat, 15 Jun 2002 22:18:36 -0400, "Michael D. Young" <[email protected]> wrote:
>>Neal wrote My wife got in just fine on the K-3. When I sent the papers to Dallas,
>>TX they rejected them saying that they need the I-130 approval. Do I have to wait
>>till Mesquite approves the original I-130?(Usually takes a year) or is there
>>another way? Thanks Neal
> Then Michael wrote You need to wait until the spouse petition is approved to
> adjust from a K-3 visa, since unlike the K-1 that gives you entry to marry and
> then adjust. The K-3 just gives you entry to hang out until the spouse petition
> is approved, then you have two options, stay and file the AOS or go back to the
> home country and file for the spouse visa. Then there is always the remote
> possibility of the spouse petition being denied and then the K-3 visa is history.
> Take care, Mike
Please see the quote below. Nowhere does it say one must wait for I-130 approval to
file for AOS from K3. Please note that the item quoted was not written by the State
Department, or the SSA, it was written by the INS. However, it is our job to keep
track of the inconsistencies with which the local offices apply the process.
(...begin quote...) From the Federal Register, Aug 14, 2001
IV. Adjusting Status From K-3/K-4 to Permanent Resident
As previously stated, the Service expects most K-3/K-4 aliens to quickly file for
adjustment of status following admission to the United States. Those admitted as
K-3/K-4 aliens do not have to wait for a visa number to become current and may
apply for adjustment at any time following the filing of the Form I-130 petition
(or both may be filed concurrently for the K-4).
(...jump to the end.....)
Dated: August 2, 2001. Kevin D. Rooney, Acting Commissioner, Immigration and
Naturalization Service.
(..........end quote....)
My OPINION is that Neal should resubmit this AOS package with the receipt for filing
the I-130, and include a cover letter that quotes the Federal Register, in order to
determine if the Dallas office merely was uninformed or whether they are writing
their own rules. It is in the interests of the INS to get the K3/K4 into the AOS
system as soon as possible. Mike
>>Neal wrote My wife got in just fine on the K-3. When I sent the papers to Dallas,
>>TX they rejected them saying that they need the I-130 approval. Do I have to wait
>>till Mesquite approves the original I-130?(Usually takes a year) or is there
>>another way? Thanks Neal
> Then Michael wrote You need to wait until the spouse petition is approved to
> adjust from a K-3 visa, since unlike the K-1 that gives you entry to marry and
> then adjust. The K-3 just gives you entry to hang out until the spouse petition
> is approved, then you have two options, stay and file the AOS or go back to the
> home country and file for the spouse visa. Then there is always the remote
> possibility of the spouse petition being denied and then the K-3 visa is history.
> Take care, Mike
Please see the quote below. Nowhere does it say one must wait for I-130 approval to
file for AOS from K3. Please note that the item quoted was not written by the State
Department, or the SSA, it was written by the INS. However, it is our job to keep
track of the inconsistencies with which the local offices apply the process.
(...begin quote...) From the Federal Register, Aug 14, 2001
IV. Adjusting Status From K-3/K-4 to Permanent Resident
As previously stated, the Service expects most K-3/K-4 aliens to quickly file for
adjustment of status following admission to the United States. Those admitted as
K-3/K-4 aliens do not have to wait for a visa number to become current and may
apply for adjustment at any time following the filing of the Form I-130 petition
(or both may be filed concurrently for the K-4).
(...jump to the end.....)
Dated: August 2, 2001. Kevin D. Rooney, Acting Commissioner, Immigration and
Naturalization Service.
(..........end quote....)
My OPINION is that Neal should resubmit this AOS package with the receipt for filing
the I-130, and include a cover letter that quotes the Federal Register, in order to
determine if the Dallas office merely was uninformed or whether they are writing
their own rules. It is in the interests of the INS to get the K3/K4 into the AOS
system as soon as possible. Mike
Jun 16th 2002, 3:20 am
#4
Guest
Posts: n/a
Re: AOS after K-1
[email protected] wrote:
> On Sat, 15 Jun 2002 22:18:36 -0400, "Michael D. Young" <[email protected]> wrote:
> >>Neal wrote My wife got in just fine on the K-3. When I sent the papers to Dallas,
> >>TX they rejected them saying that they need the I-130 approval. Do I have to wait
> >>till Mesquite approves the original I-130?(Usually takes a year) or is there
> >>another way? Thanks Neal
>
> > Then Michael wrote You need to wait until the spouse petition is approved to
> > adjust from a K-3 visa, since unlike the K-1 that gives you entry to marry and
> > then adjust. The K-3 just gives you entry to hang out until the spouse petition
> > is approved, then you have two options, stay and file the AOS or go back to the
> > home country and file for the spouse visa. Then there is always the remote
> > possibility of the spouse petition being denied and then the K-3 visa is history.
> > Take care, Mike
>
> Please see the quote below. Nowhere does it say one must wait for I-130 approval to
> file for AOS from K3. Please note that the item quoted was not written by the State
> Department, or the SSA, it was written by the INS. However, it is our job to keep
> track of the inconsistencies with which the local offices apply the process.
>
> (...begin quote...) From the Federal Register, Aug 14, 2001
>
> IV. Adjusting Status From K-3/K-4 to Permanent Resident
>
> As previously stated, the Service expects most K-3/K-4 aliens to quickly file
> for adjustment of status following admission to the United States. Those
> admitted as K-3/K-4 aliens do not have to wait for a visa number to become
> current and may apply for adjustment at any time following the filing of the
> Form I-130 petition (or both may be filed concurrently for the K-4).
>
> (...jump to the end.....)
>
> Dated: August 2, 2001. Kevin D. Rooney, Acting Commissioner, Immigration and
> Naturalization Service.
>
> (..........end quote....)
>
> My OPINION is that Neal should resubmit this AOS package with the receipt for
> filing the I-130, and include a cover letter that quotes the Federal Register, in
> order to determine if the Dallas office merely was uninformed or whether they are
> writing their own rules. It is in the interests of the INS to get the K3/K4 into
> the AOS system as soon as possible. Mike
Hi All!
Well this does:
http://www.ins.usdoj.gov/graphics/pu...life081401.htm
Applying for Immigrant Status
The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain
immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form
I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must
have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent
and must file a Form I-485. K-3/4 nonimmigrants will become lawful permanent
residents and receive their Green Card when both the Form I-130 petition and their
Form I-485 application have been approved.
K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment
of status and may wait in the United States until they must appear at the consulate
for their visa interview.
Take care,
Mike
> On Sat, 15 Jun 2002 22:18:36 -0400, "Michael D. Young" <[email protected]> wrote:
> >>Neal wrote My wife got in just fine on the K-3. When I sent the papers to Dallas,
> >>TX they rejected them saying that they need the I-130 approval. Do I have to wait
> >>till Mesquite approves the original I-130?(Usually takes a year) or is there
> >>another way? Thanks Neal
>
> > Then Michael wrote You need to wait until the spouse petition is approved to
> > adjust from a K-3 visa, since unlike the K-1 that gives you entry to marry and
> > then adjust. The K-3 just gives you entry to hang out until the spouse petition
> > is approved, then you have two options, stay and file the AOS or go back to the
> > home country and file for the spouse visa. Then there is always the remote
> > possibility of the spouse petition being denied and then the K-3 visa is history.
> > Take care, Mike
>
> Please see the quote below. Nowhere does it say one must wait for I-130 approval to
> file for AOS from K3. Please note that the item quoted was not written by the State
> Department, or the SSA, it was written by the INS. However, it is our job to keep
> track of the inconsistencies with which the local offices apply the process.
>
> (...begin quote...) From the Federal Register, Aug 14, 2001
>
> IV. Adjusting Status From K-3/K-4 to Permanent Resident
>
> As previously stated, the Service expects most K-3/K-4 aliens to quickly file
> for adjustment of status following admission to the United States. Those
> admitted as K-3/K-4 aliens do not have to wait for a visa number to become
> current and may apply for adjustment at any time following the filing of the
> Form I-130 petition (or both may be filed concurrently for the K-4).
>
> (...jump to the end.....)
>
> Dated: August 2, 2001. Kevin D. Rooney, Acting Commissioner, Immigration and
> Naturalization Service.
>
> (..........end quote....)
>
> My OPINION is that Neal should resubmit this AOS package with the receipt for
> filing the I-130, and include a cover letter that quotes the Federal Register, in
> order to determine if the Dallas office merely was uninformed or whether they are
> writing their own rules. It is in the interests of the INS to get the K3/K4 into
> the AOS system as soon as possible. Mike
Hi All!
Well this does:
http://www.ins.usdoj.gov/graphics/pu...life081401.htm
Applying for Immigrant Status
The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain
immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form
I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must
have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent
and must file a Form I-485. K-3/4 nonimmigrants will become lawful permanent
residents and receive their Green Card when both the Form I-130 petition and their
Form I-485 application have been approved.
K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment
of status and may wait in the United States until they must appear at the consulate
for their visa interview.
Take care,
Mike
Jun 16th 2002, 5:20 am
#5
Guest
Posts: n/a
Re: AOS after K-1
Dear Michael, What you quoted does not say the I-130 must be *approved* in order
to *file* AOS on the basis of being a K3. It actually does not address the isuue
at all for
K3. Further, it references one to the Federal Register for application procedures,
where again, it says "K-3/K-4 aliens do not have to wait for a visa number to
become current and may apply for adjustment at any time following the filing of
the Form I-130 petition."
In addition, from the INS website
<http://www.ins.usdoj.gov/graphics/howdoi/LPRApplication.htm> "If you have already
been approved for an immigrant petition , you must submit a copy of the approval
notice sent to you by INS. If someone else is or has filed a petition for you that,
if approved, will make an immigrant number immediately available to you, you must
submit a copy of thecompleted petition that is being filed for you."
The only thing that is *true* is that the AOS cannot be approved until the I-130 is
approved. Nowhere is anything said that would preclude the filing of AOS as long as
the I-130 has been filed. Like they said, submit a copy of the petition. Again, my
ADVICE is to resubmit in order to find out if someone at Dallas made an error, or
whether they are writing their own rules. The only change in my previous comment is
to send a copy of the original petition. Mike
On Sun, 16 Jun 2002 10:51:14 -0400, "Michael D. Young" <[email protected]> wrote:
>[email protected] wrote:
>
>> On Sat, 15 Jun 2002 22:18:36 -0400, "Michael D. Young" <[email protected]> wrote:
>> >>Neal wrote My wife got in just fine on the K-3. When I sent the papers to
>> >>Dallas, TX they rejected them saying that they need the I-130 approval. Do I
>> >>have to wait till Mesquite approves the original I-130?(Usually takes a year) or
>> >>is there another way? Thanks Neal
>>
>> > Then Michael wrote You need to wait until the spouse petition is approved to
>> > adjust from a K-3 visa, since unlike the K-1 that gives you entry to marry and
>> > then adjust. The K-3 just gives you entry to hang out until the spouse petition
>> > is approved, then you have two options, stay and file the AOS or go back to the
>> > home country and file for the spouse visa. Then there is always the remote
>> > possibility of the spouse petition being denied and then the K-3 visa is
>> > history. Take care, Mike
>>
>> Please see the quote below. Nowhere does it say one must wait for I-130 approval
>> to file for AOS from K3. Please note that the item quoted was not written by the
>> State Department, or the SSA, it was written by the INS. However, it is our job to
>> keep track of the inconsistencies with which the local offices apply the process.
>>
>> (...begin quote...) From the Federal Register, Aug 14, 2001
>>
>> IV. Adjusting Status From K-3/K-4 to Permanent Resident
>>
>> As previously stated, the Service expects most K-3/K-4 aliens to quickly file
>> for adjustment of status following admission to the United States. Those
>> admitted as K-3/K-4 aliens do not have to wait for a visa number to become
>> current and may apply for adjustment at any time following the filing of the
>> Form I-130 petition (or both may be filed concurrently for the K-4).
>>
>> (...jump to the end.....)
>>
>> Dated: August 2, 2001. Kevin D. Rooney, Acting Commissioner, Immigration and
>> Naturalization Service.
>>
>> (..........end quote....)
>>
>> My OPINION is that Neal should resubmit this AOS package with the receipt for
>> filing the I-130, and include a cover letter that quotes the Federal Register, in
>> order to determine if the Dallas office merely was uninformed or whether they are
>> writing their own rules. It is in the interests of the INS to get the K3/K4 into
>> the AOS system as soon as possible. Mike
>
>Hi All!
>
>Well this does:
>
>http://www.ins.usdoj.gov/graphics/pu...life081401.htm
>
>Applying for Immigrant Status
>
>The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain
>immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form
>I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must
>have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent
>and must file a Form I-485. K-3/4 nonimmigrants will become lawful permanent
>residents and receive their Green Card when both the Form I-130 petition and their
>Form I-485 application have been approved.
>
>K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment
>of status and may wait in the United States until they must appear at the consulate
>for their visa interview.
>
>
>Take care,
>
>Mike
to *file* AOS on the basis of being a K3. It actually does not address the isuue
at all for
K3. Further, it references one to the Federal Register for application procedures,
where again, it says "K-3/K-4 aliens do not have to wait for a visa number to
become current and may apply for adjustment at any time following the filing of
the Form I-130 petition."
In addition, from the INS website
<http://www.ins.usdoj.gov/graphics/howdoi/LPRApplication.htm> "If you have already
been approved for an immigrant petition , you must submit a copy of the approval
notice sent to you by INS. If someone else is or has filed a petition for you that,
if approved, will make an immigrant number immediately available to you, you must
submit a copy of thecompleted petition that is being filed for you."
The only thing that is *true* is that the AOS cannot be approved until the I-130 is
approved. Nowhere is anything said that would preclude the filing of AOS as long as
the I-130 has been filed. Like they said, submit a copy of the petition. Again, my
ADVICE is to resubmit in order to find out if someone at Dallas made an error, or
whether they are writing their own rules. The only change in my previous comment is
to send a copy of the original petition. Mike
On Sun, 16 Jun 2002 10:51:14 -0400, "Michael D. Young" <[email protected]> wrote:
>[email protected] wrote:
>
>> On Sat, 15 Jun 2002 22:18:36 -0400, "Michael D. Young" <[email protected]> wrote:
>> >>Neal wrote My wife got in just fine on the K-3. When I sent the papers to
>> >>Dallas, TX they rejected them saying that they need the I-130 approval. Do I
>> >>have to wait till Mesquite approves the original I-130?(Usually takes a year) or
>> >>is there another way? Thanks Neal
>>
>> > Then Michael wrote You need to wait until the spouse petition is approved to
>> > adjust from a K-3 visa, since unlike the K-1 that gives you entry to marry and
>> > then adjust. The K-3 just gives you entry to hang out until the spouse petition
>> > is approved, then you have two options, stay and file the AOS or go back to the
>> > home country and file for the spouse visa. Then there is always the remote
>> > possibility of the spouse petition being denied and then the K-3 visa is
>> > history. Take care, Mike
>>
>> Please see the quote below. Nowhere does it say one must wait for I-130 approval
>> to file for AOS from K3. Please note that the item quoted was not written by the
>> State Department, or the SSA, it was written by the INS. However, it is our job to
>> keep track of the inconsistencies with which the local offices apply the process.
>>
>> (...begin quote...) From the Federal Register, Aug 14, 2001
>>
>> IV. Adjusting Status From K-3/K-4 to Permanent Resident
>>
>> As previously stated, the Service expects most K-3/K-4 aliens to quickly file
>> for adjustment of status following admission to the United States. Those
>> admitted as K-3/K-4 aliens do not have to wait for a visa number to become
>> current and may apply for adjustment at any time following the filing of the
>> Form I-130 petition (or both may be filed concurrently for the K-4).
>>
>> (...jump to the end.....)
>>
>> Dated: August 2, 2001. Kevin D. Rooney, Acting Commissioner, Immigration and
>> Naturalization Service.
>>
>> (..........end quote....)
>>
>> My OPINION is that Neal should resubmit this AOS package with the receipt for
>> filing the I-130, and include a cover letter that quotes the Federal Register, in
>> order to determine if the Dallas office merely was uninformed or whether they are
>> writing their own rules. It is in the interests of the INS to get the K3/K4 into
>> the AOS system as soon as possible. Mike
>
>Hi All!
>
>Well this does:
>
>http://www.ins.usdoj.gov/graphics/pu...life081401.htm
>
>Applying for Immigrant Status
>
>The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain
>immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form
>I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must
>have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent
>and must file a Form I-485. K-3/4 nonimmigrants will become lawful permanent
>residents and receive their Green Card when both the Form I-130 petition and their
>Form I-485 application have been approved.
>
>K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment
>of status and may wait in the United States until they must appear at the consulate
>for their visa interview.
>
>
>Take care,
>
>Mike
