AOS or DF after K3 for Canadian Spouse
Jun 16th 2002, 6:20 am
#1
Guest
Posts: n/a
AOS or DF after K3 for Canadian Spouse
My wife from Canada is on a approved K3 visa. Her I-130 is approved. Unfortunately on
her I130 application she indicated DCF as the preferred path (per her lawyer). Is she
bound by this or can she apply for AOS in CA (San Jose) where we live. I would prefer
AOS if this is possible.
Thanks
Phil
her I130 application she indicated DCF as the preferred path (per her lawyer). Is she
bound by this or can she apply for AOS in CA (San Jose) where we live. I would prefer
AOS if this is possible.
Thanks
Phil
Jun 16th 2002, 7:20 am
#2
Guest
Posts: n/a
Re: AOS or DF after K3 for Canadian Spouse
Canada doesn't do DCF so yes, she will have to AOS in the INS jurisdiction where you
two will be living.
"Philjoco" <[email protected]> wrote in message
news:[email protected]...
> My wife from Canada is on a approved K3 visa. Her I-130 is approved. Unfortunately
> on her I130 application she indicated DCF as the preferred
path
> (per her lawyer). Is she bound by this or can she apply for AOS in CA (San Jose)
> where we live. I would prefer AOS if this is possible.
>
> Thanks
>
> Phil
two will be living.
"Philjoco" <[email protected]> wrote in message
news:[email protected]...
> My wife from Canada is on a approved K3 visa. Her I-130 is approved. Unfortunately
> on her I130 application she indicated DCF as the preferred
path
> (per her lawyer). Is she bound by this or can she apply for AOS in CA (San Jose)
> where we live. I would prefer AOS if this is possible.
>
> Thanks
>
> Phil
Jun 17th 2002, 12:20 am
#3
Guest
Posts: n/a
Re: AOS or DF after K3 for Canadian Spouse
You confused Mrs. Blackcross with the "DCF" tag - that is where you file the I-130
with the consulate. What you have is an approved I-130 and you have a choice - file
back in Canada for an immigrant visa or adjust status. It sounds like you want AOS
and that's perfectly fine - that's the whole point of the K-3 visa.
Andy.
--
I'm not really here - it's just your warped imagination. "Philjoco"
<[email protected]> wrote in message
news:[email protected]...
> My wife from Canada is on a approved K3 visa. Her I-130 is approved. Unfortunately
> on her I130 application she indicated DCF as the preferred
path
> (per her lawyer). Is she bound by this or can she apply for AOS in CA (San Jose)
> where we live. I would prefer AOS if this is possible.
>
> Thanks
>
> Phil
with the consulate. What you have is an approved I-130 and you have a choice - file
back in Canada for an immigrant visa or adjust status. It sounds like you want AOS
and that's perfectly fine - that's the whole point of the K-3 visa.
Andy.
--
I'm not really here - it's just your warped imagination. "Philjoco"
<[email protected]> wrote in message
news:[email protected]...
> My wife from Canada is on a approved K3 visa. Her I-130 is approved. Unfortunately
> on her I130 application she indicated DCF as the preferred
path
> (per her lawyer). Is she bound by this or can she apply for AOS in CA (San Jose)
> where we live. I would prefer AOS if this is possible.
>
> Thanks
>
> Phil
Jun 17th 2002, 1:20 am
#4
Guest
Posts: n/a
Re: AOS or DF after K3 for Canadian Spouse
?? I wasn't confused 
the OP said they mistakenly indicated they wanted DCF on
their original I-130 and I was just saying that since it isn't available to
Canadians, so they won't have a problem doing the normal AOS stuff. or am I still
asleep and need to get some caffeine in me?
"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
> You confused Mrs. Blackcross with the "DCF" tag - that is where you file
the
> I-130 with the consulate. What you have is an approved I-130 and you have
a
> choice - file back in Canada for an immigrant visa or adjust status. It sounds like
> you want AOS and that's perfectly fine - that's the whole
point
> of the K-3 visa.
>
> Andy.
>
> --
> I'm not really here - it's just your warped imagination. "Philjoco"
> <[email protected]> wrote in message
> news:[email protected]...
> > My wife from Canada is on a approved K3 visa. Her I-130 is approved.
> > Unfortunately on her I130 application she indicated DCF as the preferred
> path
> > (per her lawyer). Is she bound by this or can she apply for AOS in CA
(San
> > Jose) where we live. I would prefer AOS if this is possible.
> >
> > Thanks
> >
> > Phil
the OP said they mistakenly indicated they wanted DCF ontheir original I-130 and I was just saying that since it isn't available to
Canadians, so they won't have a problem doing the normal AOS stuff. or am I still
asleep and need to get some caffeine in me?
"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
> You confused Mrs. Blackcross with the "DCF" tag - that is where you file
the
> I-130 with the consulate. What you have is an approved I-130 and you have
a
> choice - file back in Canada for an immigrant visa or adjust status. It sounds like
> you want AOS and that's perfectly fine - that's the whole
point
> of the K-3 visa.
>
> Andy.
>
> --
> I'm not really here - it's just your warped imagination. "Philjoco"
> <[email protected]> wrote in message
> news:[email protected]...
> > My wife from Canada is on a approved K3 visa. Her I-130 is approved.
> > Unfortunately on her I130 application she indicated DCF as the preferred
> path
> > (per her lawyer). Is she bound by this or can she apply for AOS in CA
(San
> > Jose) where we live. I would prefer AOS if this is possible.
> >
> > Thanks
> >
> > Phil
Jun 17th 2002, 2:20 am
#5
Guest
Posts: n/a
Re: AOS or DF after K3 for Canadian Spouse
"Mrs_Blackross" <[email protected]> wrote in message
news:[email protected]...
>
>
> ?? I wasn't confused the OP said they mistakenly indicated they wanted DCF on
> their original I-130 and I was just saying that since it isn't available to
> Canadians, so they won't have a problem doing the normal AOS stuff. or am I still
> asleep and need to get some caffeine in me?
What you indicate on your I-130 is this (I've moved the formatting around but, yes it
really does say "Immigration and and Naturalization"):
"22. Complete the information below if your relative is in the United States and will
apply for adjustment of status . Your relative is in the United States and will apply
for adjustment of status to that of a lawful permanent resident at the office of the
Immigration andand Naturalization Service in (City) (State)
If your relative is not eligible for adjustment of status, he or she will apply for a
visa abroad at the American consular post in (City) (Country)
NOTE: Designation of an American embassy or consulate outside the country of your
relative's last residence does not guarantee acceptance for processing by that
post. Acceptance is at the discretion of the designated embassy or consulate."
The original poster was confused because they called designating a consulate here
"DCF" and you then told them there was no DCF - which was true but was just an
extension of the originally confusion to begin with. I really should have put a "
"
when I said you were confused!
Andy.
--
I'm not really here - it's just your warped imagination.
news:[email protected]...
>
>
> ?? I wasn't confused
the OP said they mistakenly indicated they wanted DCF on> their original I-130 and I was just saying that since it isn't available to
> Canadians, so they won't have a problem doing the normal AOS stuff. or am I still
> asleep and need to get some caffeine in me?
What you indicate on your I-130 is this (I've moved the formatting around but, yes it
really does say "Immigration and and Naturalization"):
"22. Complete the information below if your relative is in the United States and will
apply for adjustment of status . Your relative is in the United States and will apply
for adjustment of status to that of a lawful permanent resident at the office of the
Immigration andand Naturalization Service in (City) (State)
If your relative is not eligible for adjustment of status, he or she will apply for a
visa abroad at the American consular post in (City) (Country)
NOTE: Designation of an American embassy or consulate outside the country of your
relative's last residence does not guarantee acceptance for processing by that
post. Acceptance is at the discretion of the designated embassy or consulate."
The original poster was confused because they called designating a consulate here
"DCF" and you then told them there was no DCF - which was true but was just an
extension of the originally confusion to begin with. I really should have put a "
"when I said you were confused!
Andy.
--
I'm not really here - it's just your warped imagination.
Jun 17th 2002, 11:20 am
#6
Guest
Posts: n/a
Re: AOS or DF after K3 for Canadian Spouse
oooOOOOOOooohhhhhh would you believe me if I said I really am NOT blonde?
"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
> "Mrs_Blackross" <[email protected]> wrote in message
> news:[email protected]...
> >
> >
> > ?? I wasn't confused the OP said they mistakenly indicated they
wanted
> > DCF on their original I-130 and I was just saying that since it isn't available
> > to Canadians, so they won't have a problem doing the normal
AOS
> > stuff. or am I still asleep and need to get some caffeine in me?
>
> What you indicate on your I-130 is this (I've moved the formatting around but, yes
> it really does say "Immigration and and Naturalization"):
>
> "22. Complete the information below if your relative is in the United
States
> and will apply for adjustment of status . Your relative is in the United States and
> will apply for adjustment of status to that of a lawful permanent resident at the
> office of the Immigration andand Naturalization Service in (City) (State)
>
> If your relative is not eligible for adjustment of status, he or she will apply for
> a visa abroad at the American consular post in (City) (Country)
>
> NOTE: Designation of an American embassy or consulate outside the country
of
> your relative's last residence does not guarantee acceptance for
processing
> by that post. Acceptance is at the discretion of the designated embassy or
> consulate."
>
>
> The original poster was confused because they called designating a
consulate
> here "DCF" and you then told them there was no DCF - which was true but
was
> just an extension of the originally confusion to begin with. I really
should
> have put a "" when I said you were confused!
>
> Andy.
>
> --
> I'm not really here - it's just your warped imagination.
"Andy Platt" <[email protected]> wrote in message
news:[email protected]...
> "Mrs_Blackross" <[email protected]> wrote in message
> news:[email protected]...
> >
> >
> > ?? I wasn't confused
the OP said they mistakenly indicated theywanted
> > DCF on their original I-130 and I was just saying that since it isn't available
> > to Canadians, so they won't have a problem doing the normal
AOS
> > stuff. or am I still asleep and need to get some caffeine in me?
>
> What you indicate on your I-130 is this (I've moved the formatting around but, yes
> it really does say "Immigration and and Naturalization"):
>
> "22. Complete the information below if your relative is in the United
States
> and will apply for adjustment of status . Your relative is in the United States and
> will apply for adjustment of status to that of a lawful permanent resident at the
> office of the Immigration andand Naturalization Service in (City) (State)
>
> If your relative is not eligible for adjustment of status, he or she will apply for
> a visa abroad at the American consular post in (City) (Country)
>
> NOTE: Designation of an American embassy or consulate outside the country
of
> your relative's last residence does not guarantee acceptance for
processing
> by that post. Acceptance is at the discretion of the designated embassy or
> consulate."
>
>
> The original poster was confused because they called designating a
consulate
> here "DCF" and you then told them there was no DCF - which was true but
was
> just an extension of the originally confusion to begin with. I really
should
> have put a "
" when I said you were confused!>
> Andy.
>
> --
> I'm not really here - it's just your warped imagination.
Jun 18th 2002, 12:20 am
#7
Guest
Posts: n/a
Re: AOS or DF after K3 for Canadian Spouse
"Mrs_Blackross" <[email protected]> wrote ...
> oooOOOOOOooohhhhhh would you believe me if I said I really am NOT blonde?
No, I always assumed you had black hair, very very formal looking, in fact a little
cross, something like ...
Haaaiiirrrs Blackcross.
Sorry everyone!
Andy.
--
I'm not really here - it's just your warped imagination.
> oooOOOOOOooohhhhhh would you believe me if I said I really am NOT blonde?
No, I always assumed you had black hair, very very formal looking, in fact a little
cross, something like ...
Haaaiiirrrs Blackcross.
Sorry everyone!
Andy.
--
I'm not really here - it's just your warped imagination.
Jun 18th 2002, 1:06 am
#8
Concierge
Joined: Apr 2001
Posts: 46,478
Re: AOS or DF after K3 for Canadian Spouse
LOL Andy must have had a long night walking the halls with Caroline last night.
As for the poster, I thought the recipient of the K-3 had a choice of either filing for AOS while within the US after entry or returning to their home country to complete the I-130 processing at the US Consulate. For Canadians, if this were true, it would seem so much easier to fly up to Montreal, interview there and re-enter the US as a full blown PR without having to go through the hassle of dealing with the INS stateside.
Rete
As for the poster, I thought the recipient of the K-3 had a choice of either filing for AOS while within the US after entry or returning to their home country to complete the I-130 processing at the US Consulate. For Canadians, if this were true, it would seem so much easier to fly up to Montreal, interview there and re-enter the US as a full blown PR without having to go through the hassle of dealing with the INS stateside.
Rete
Jun 18th 2002, 2:20 am
#9
Guest
Posts: n/a
Re: AOS or DF after K3 for Canadian Spouse
"Rete" <[email protected]> wrote ...
> LOL Andy must have had a long night walking the halls with Caroline last night.
Luckly it's been many many many months since she's got us up in the middle of the
night - you just got a blast of the famous very bad Platt sense of humor!
O/T, we have some updated pictures of Caroline as she approaches eleven months:
http://www.his.com/~ajp/caroline_album.htm
Andy.
--
I'm not really here - it's just your warped imagination.
> LOL Andy must have had a long night walking the halls with Caroline last night.
Luckly it's been many many many months since she's got us up in the middle of the
night - you just got a blast of the famous very bad Platt sense of humor!
O/T, we have some updated pictures of Caroline as she approaches eleven months:
http://www.his.com/~ajp/caroline_album.htm
Andy.
--
I'm not really here - it's just your warped imagination.
