AOS after K-3 Entry?
Mar 24th 2004, 2:56 am
#1
Guest
Posts: n/a
AOS after K-3 Entry?
I have a question. My wife just entered the U.S. on a K-3 visa? Can we
apply for Adjustment of Status immediately, or do we need to first wait for
our I-130 to be approved? The regulations appear to be contradictory, and
we don't know what to do.
On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
filing of the I-130 petition."
So that says we DON'T need to wait for the I-130 to be approved.
On the other hand, CFR 8 states, "An alien admitted to the United States as
a K-3 may apply for adjustment of status to that of a permanent resident at
any time following approval of the Form I-130 petition."
So that statement says we DO need to wait for the I-130 to be approved.
When we called the USCIS 800# to get clarification, the information officer
said a K-3 does need to wait for the I-130 to be approved, and seemed to be
very sure about it. But then when we read him the K-3 rules, he put us on
hold to check it, then came back on the phone and said we can file now. So
even the USCIS 800# information officer seems to be confused by the apparent
contradiction in the rules.
I am sure other people here have faced this. Can anyone clarify this for
us? Our I-130 is a year away from approval, so we obviously don't want a
year to wait to file for AOS if we don't have to. But by the same token we
don't want to file now and then find out later our application was
incorrectly filed and is invalid.
Thanks very much!
apply for Adjustment of Status immediately, or do we need to first wait for
our I-130 to be approved? The regulations appear to be contradictory, and
we don't know what to do.
On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
filing of the I-130 petition."
So that says we DON'T need to wait for the I-130 to be approved.
On the other hand, CFR 8 states, "An alien admitted to the United States as
a K-3 may apply for adjustment of status to that of a permanent resident at
any time following approval of the Form I-130 petition."
So that statement says we DO need to wait for the I-130 to be approved.
When we called the USCIS 800# to get clarification, the information officer
said a K-3 does need to wait for the I-130 to be approved, and seemed to be
very sure about it. But then when we read him the K-3 rules, he put us on
hold to check it, then came back on the phone and said we can file now. So
even the USCIS 800# information officer seems to be confused by the apparent
contradiction in the rules.
I am sure other people here have faced this. Can anyone clarify this for
us? Our I-130 is a year away from approval, so we obviously don't want a
year to wait to file for AOS if we don't have to. But by the same token we
don't want to file now and then find out later our application was
incorrectly filed and is invalid.
Thanks very much!
Mar 24th 2004, 2:20 pm
#2
Sursum corda
Joined: Sep 2002
Location: Richmond Hill, GA USA
Posts: 38,860
Re: AOS after K-3 Entry?
Originally posted by K45286
I have a question. My wife just entered the U.S. on a K-3 visa? Can we
apply for Adjustment of Status immediately, or do we need to first wait for
our I-130 to be approved? The regulations appear to be contradictory, and
we don't know what to do.
On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
filing of the I-130 petition."
So that says we DON'T need to wait for the I-130 to be approved.
On the other hand, CFR 8 states, "An alien admitted to the United States as
a K-3 may apply for adjustment of status to that of a permanent resident at
any time following approval of the Form I-130 petition."
So that statement says we DO need to wait for the I-130 to be approved.
When we called the USCIS 800# to get clarification, the information officer
said a K-3 does need to wait for the I-130 to be approved, and seemed to be
very sure about it. But then when we read him the K-3 rules, he put us on
hold to check it, then came back on the phone and said we can file now. So
even the USCIS 800# information officer seems to be confused by the apparent
contradiction in the rules.
I am sure other people here have faced this. Can anyone clarify this for
us? Our I-130 is a year away from approval, so we obviously don't want a
year to wait to file for AOS if we don't have to. But by the same token we
don't want to file now and then find out later our application was
incorrectly filed and is invalid.
Thanks very much!
I have a question. My wife just entered the U.S. on a K-3 visa? Can we
apply for Adjustment of Status immediately, or do we need to first wait for
our I-130 to be approved? The regulations appear to be contradictory, and
we don't know what to do.
On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
filing of the I-130 petition."
So that says we DON'T need to wait for the I-130 to be approved.
On the other hand, CFR 8 states, "An alien admitted to the United States as
a K-3 may apply for adjustment of status to that of a permanent resident at
any time following approval of the Form I-130 petition."
So that statement says we DO need to wait for the I-130 to be approved.
When we called the USCIS 800# to get clarification, the information officer
said a K-3 does need to wait for the I-130 to be approved, and seemed to be
very sure about it. But then when we read him the K-3 rules, he put us on
hold to check it, then came back on the phone and said we can file now. So
even the USCIS 800# information officer seems to be confused by the apparent
contradiction in the rules.
I am sure other people here have faced this. Can anyone clarify this for
us? Our I-130 is a year away from approval, so we obviously don't want a
year to wait to file for AOS if we don't have to. But by the same token we
don't want to file now and then find out later our application was
incorrectly filed and is invalid.
Thanks very much!
This is based on where you live and therefore which local service center you use. Some let you apply for AOS without an approved 130 and some do not. There is no consistent standard.
Mar 24th 2004, 2:37 pm
#3
Member
Joined: Apr 2001
Posts: 14,049
Re: AOS after K-3 Entry?
K,
The USCIS agrees with you, and shares your confusion.
- Some local offices require that the I-130 be approved before they will accept an I-485.
- Some local offices will accept an I-485 before the I-130 has been approved.
- Some local offices will accept an I-485 before the I-130 has been approved if the I-485 is accompanied by a new I-130 (and fee).
You need to find out how your local office handles it.
Regards, JEff
The USCIS agrees with you, and shares your confusion.
- Some local offices require that the I-130 be approved before they will accept an I-485.
- Some local offices will accept an I-485 before the I-130 has been approved.
- Some local offices will accept an I-485 before the I-130 has been approved if the I-485 is accompanied by a new I-130 (and fee).
You need to find out how your local office handles it.
Regards, JEff
Originally posted by K45286
I have a question. My wife just entered the U.S. on a K-3 visa? Can we
apply for Adjustment of Status immediately, or do we need to first wait for our I-130 to be approved? The regulations appear to be contradictory, and we don't know what to do.....
Thanks very much!
I have a question. My wife just entered the U.S. on a K-3 visa? Can we
apply for Adjustment of Status immediately, or do we need to first wait for our I-130 to be approved? The regulations appear to be contradictory, and we don't know what to do.....
Thanks very much!
Mar 24th 2004, 9:01 pm
#4
Guest
Posts: n/a
Re: AOS after K-3 Entry?
i dont know
Originally posted by K45286
I have a question. My wife just entered the U.S. on a K-3 visa? Can we
apply for Adjustment of Status immediately, or do we need to first wait for
our I-130 to be approved? The regulations appear to be contradictory, and
we don't know what to do.
On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
filing of the I-130 petition."
So that says we DON'T need to wait for the I-130 to be approved.
On the other hand, CFR 8 states, "An alien admitted to the United States as
a K-3 may apply for adjustment of status to that of a permanent resident at
any time following approval of the Form I-130 petition."
So that statement says we DO need to wait for the I-130 to be approved.
When we called the USCIS 800# to get clarification, the information officer
said a K-3 does need to wait for the I-130 to be approved, and seemed to be
very sure about it. But then when we read him the K-3 rules, he put us on
hold to check it, then came back on the phone and said we can file now. So
even the USCIS 800# information officer seems to be confused by the apparent
contradiction in the rules.
I am sure other people here have faced this. Can anyone clarify this for
us? Our I-130 is a year away from approval, so we obviously don't want a
year to wait to file for AOS if we don't have to. But by the same token we
don't want to file now and then find out later our application was
incorrectly filed and is invalid.
Thanks very much!
I have a question. My wife just entered the U.S. on a K-3 visa? Can we
apply for Adjustment of Status immediately, or do we need to first wait for
our I-130 to be approved? The regulations appear to be contradictory, and
we don't know what to do.
On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
filing of the I-130 petition."
So that says we DON'T need to wait for the I-130 to be approved.
On the other hand, CFR 8 states, "An alien admitted to the United States as
a K-3 may apply for adjustment of status to that of a permanent resident at
any time following approval of the Form I-130 petition."
So that statement says we DO need to wait for the I-130 to be approved.
When we called the USCIS 800# to get clarification, the information officer
said a K-3 does need to wait for the I-130 to be approved, and seemed to be
very sure about it. But then when we read him the K-3 rules, he put us on
hold to check it, then came back on the phone and said we can file now. So
even the USCIS 800# information officer seems to be confused by the apparent
contradiction in the rules.
I am sure other people here have faced this. Can anyone clarify this for
us? Our I-130 is a year away from approval, so we obviously don't want a
year to wait to file for AOS if we don't have to. But by the same token we
don't want to file now and then find out later our application was
incorrectly filed and is invalid.
Thanks very much!
Mar 25th 2004, 12:10 am
#5
Forum Regular
Joined: Sep 2003
Posts: 110
Re: AOS after K-3 Entry?
Originally posted by K45286
I have a question. My wife just entered the U.S. on a K-3 visa? Can we
apply for Adjustment of Status immediately, or do we need to first wait for
our I-130 to be approved? The regulations appear to be contradictory, and
we don't know what to do.
On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
filing of the I-130 petition."
So that says we DON'T need to wait for the I-130 to be approved.
On the other hand, CFR 8 states, "An alien admitted to the United States as
a K-3 may apply for adjustment of status to that of a permanent resident at
any time following approval of the Form I-130 petition."
So that statement says we DO need to wait for the I-130 to be approved.
When we called the USCIS 800# to get clarification, the information officer
said a K-3 does need to wait for the I-130 to be approved, and seemed to be
very sure about it. But then when we read him the K-3 rules, he put us on
hold to check it, then came back on the phone and said we can file now. So
even the USCIS 800# information officer seems to be confused by the apparent
contradiction in the rules.
I am sure other people here have faced this. Can anyone clarify this for
us? Our I-130 is a year away from approval, so we obviously don't want a
year to wait to file for AOS if we don't have to. But by the same token we
don't want to file now and then find out later our application was
incorrectly filed and is invalid.
Thanks very much!
I have a question. My wife just entered the U.S. on a K-3 visa? Can we
apply for Adjustment of Status immediately, or do we need to first wait for
our I-130 to be approved? The regulations appear to be contradictory, and
we don't know what to do.
On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
filing of the I-130 petition."
So that says we DON'T need to wait for the I-130 to be approved.
On the other hand, CFR 8 states, "An alien admitted to the United States as
a K-3 may apply for adjustment of status to that of a permanent resident at
any time following approval of the Form I-130 petition."
So that statement says we DO need to wait for the I-130 to be approved.
When we called the USCIS 800# to get clarification, the information officer
said a K-3 does need to wait for the I-130 to be approved, and seemed to be
very sure about it. But then when we read him the K-3 rules, he put us on
hold to check it, then came back on the phone and said we can file now. So
even the USCIS 800# information officer seems to be confused by the apparent
contradiction in the rules.
I am sure other people here have faced this. Can anyone clarify this for
us? Our I-130 is a year away from approval, so we obviously don't want a
year to wait to file for AOS if we don't have to. But by the same token we
don't want to file now and then find out later our application was
incorrectly filed and is invalid.
Thanks very much!
I arrived Feb 26 and i posted already about that here and nobody can give definite answers for locals have different filing procedures so what we decided to do is just to go to our local USCIS to personally inquire about it. We have no plans of mailing the papers because they might not process if the procedure is to wait for the approve I-130 and they will clear our check so going there is safe and sure. If they will accept, we will file and pay. If not, its fine at least we know the procedure in our local.
Mar 25th 2004, 2:16 pm
#6
Guest
Posts: n/a
Re: AOS after K-3 Entry?
http://groups.google.com/groups?q=ao...ts.com&rnum=14
"K45286" <[email protected]> wrote in message news:<[email protected] om>...
> I have a question. My wife just entered the U.S. on a K-3 visa? Can we
> apply for Adjustment of Status immediately, or do we need to first wait for
> our I-130 to be approved? The regulations appear to be contradictory, and
> we don't know what to do.
>
> On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
> filing of the I-130 petition."
>
> So that says we DON'T need to wait for the I-130 to be approved.
>
> On the other hand, CFR 8 states, "An alien admitted to the United States as
> a K-3 may apply for adjustment of status to that of a permanent resident at
> any time following approval of the Form I-130 petition."
>
> So that statement says we DO need to wait for the I-130 to be approved.
>
> When we called the USCIS 800# to get clarification, the information officer
> said a K-3 does need to wait for the I-130 to be approved, and seemed to be
> very sure about it. But then when we read him the K-3 rules, he put us on
> hold to check it, then came back on the phone and said we can file now. So
> even the USCIS 800# information officer seems to be confused by the apparent
> contradiction in the rules.
>
> I am sure other people here have faced this. Can anyone clarify this for
> us? Our I-130 is a year away from approval, so we obviously don't want a
> year to wait to file for AOS if we don't have to. But by the same token we
> don't want to file now and then find out later our application was
> incorrectly filed and is invalid.
>
> Thanks very much!
"K45286" <[email protected]> wrote in message news:<[email protected] om>...
> I have a question. My wife just entered the U.S. on a K-3 visa? Can we
> apply for Adjustment of Status immediately, or do we need to first wait for
> our I-130 to be approved? The regulations appear to be contradictory, and
> we don't know what to do.
>
> On the one hand, the K-3 rules state, "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 available and may apply for adjustment following the
> filing of the I-130 petition."
>
> So that says we DON'T need to wait for the I-130 to be approved.
>
> On the other hand, CFR 8 states, "An alien admitted to the United States as
> a K-3 may apply for adjustment of status to that of a permanent resident at
> any time following approval of the Form I-130 petition."
>
> So that statement says we DO need to wait for the I-130 to be approved.
>
> When we called the USCIS 800# to get clarification, the information officer
> said a K-3 does need to wait for the I-130 to be approved, and seemed to be
> very sure about it. But then when we read him the K-3 rules, he put us on
> hold to check it, then came back on the phone and said we can file now. So
> even the USCIS 800# information officer seems to be confused by the apparent
> contradiction in the rules.
>
> I am sure other people here have faced this. Can anyone clarify this for
> us? Our I-130 is a year away from approval, so we obviously don't want a
> year to wait to file for AOS if we don't have to. But by the same token we
> don't want to file now and then find out later our application was
> incorrectly filed and is invalid.
>
> Thanks very much!
Mar 25th 2004, 3:01 pm
#7
Guest
Posts: n/a
Re: AOS after K-3 Entry?
HI
we were in the same boat.....so we waited until the 130 was approved
my husband has been in the states for over a year and is here under the
k3 visa.. our 130 was approved on March 4 of this year so we filed the
485 last week ....but our 130 stated approved but the information was
being sent to the national visa center....so I called last week
and they gave us a new number and said tha t the consulate of his
country would be
contacted so I called them yesterday and
they thought he was still in Canada ...so we had to write to them
explaining that he came in on a k-3 visa and he is here in the USA and
has been here since last March......
they dont know what they are doing ... and you
cant question them because you will get into
trouble.....but I will say they were nice and polite not like the other
ones I have talked too..
BB
we were in the same boat.....so we waited until the 130 was approved
my husband has been in the states for over a year and is here under the
k3 visa.. our 130 was approved on March 4 of this year so we filed the
485 last week ....but our 130 stated approved but the information was
being sent to the national visa center....so I called last week
and they gave us a new number and said tha t the consulate of his
country would be
contacted so I called them yesterday and
they thought he was still in Canada ...so we had to write to them
explaining that he came in on a k-3 visa and he is here in the USA and
has been here since last March......
they dont know what they are doing ... and you
cant question them because you will get into
trouble.....but I will say they were nice and polite not like the other
ones I have talked too..
BB
