Megan

Hello all.
My husband arrived to the US on October 10 on a K-3 visa. We are now once again confused about what to do next. We went to our local INS office in Altlanta to try to file his AOS, but the person we talked to there didn't have a clue what we were wanting. I called the INS customer service line, and they told me that we don't need to file an AOS, and that we should just wait for the I-130 to be approved. We are going to file the EAD, but I have read that we have to prove that we have filed an AOS.
Can anyone clarify what the next step is?

Thanks,
Megan

Chris Parker

    > My husband arrived to the US on October 10 on a K-3 visa. We are now
    > once again confused about what to do next. We went to our local INS
    > office in Altlanta to try to file his AOS, but the person we talked to
    > there didn't have a clue what we were wanting. I called the INS
    > customer service line, and they told me that we don't need to file an
    > AOS, and that we should just wait for the I-130 to be approved. We are
    > going to file the EAD, but I have read that we have to prove that we
    > have filed an AOS.

The answer is you need to file for adjustment of status before the
expiration of your 2-year K3 admission. You need to wait until the
I-130 petition is approved (and you receive the I-797 Notice of
Approval) before you can file for adjustment using Form I-485 and the
petition approval notice. You may file for an extension of your
nonimmigrant K3 admission if it takes more than those two years for
petition approval (very unlikely).

If you file for adjustment and adjustment is approved before your
2-year marriage anniversary, your permanent resident card will be
conditional and valid for only 2 years, after which time you must file
to remove conditions with Form I-751. If adjustment filing or
approval happens after the 2-year anniversary, a normal permanent
resident card without conditions will be issued.

For employment authorization, you file for an EAD using Form I-765
under 8 CFR 274a.12(a)(9) with fee and a copy of your I-94 showing K3
admission to the special INS LIFE Chicago Service Center at:

U.S. Immigration and Naturalization Service
P.O. Box 7218
Chicago, IL 60680-7218

Your K3 EAD will be valid until the expiration of your K3 admission.
If it expires after you file Form I-485 for adjustment of status (i.e.
adjustment has not yet been approved), you can get another under 8 CFR
274a.12(c)(9) which will be valid for 1 year and is based on your
pending adjustment application.

I hope this fully clarifies your situation.
CP

Susie

This is exactly the question I have been looking for an answer to, regarding K-3 and working!

Thank you so much!

So once I enter the US on my K-3.... I can then apply for an EAD to Chicago or can I go in person to my local INS office?

I always thought that I needed to apply for adjustment of status right away after entering the country and then wait for I-130 to be approved not the other way around....

So we have to wait until the I-130 is approved AND THEN file for AOS?

~S~

Folinskyinla

Hi:

You CAN file for AOS now. The tricky question is whether or not you need to file a new I-130. **I** think you don't have to, but I'm just an immigration lawyer knowledgable in the law -- I am NOT the INS who has to administer it.

In Liaison meetings here in L.A., the INS says they have "trouble" on the issue of whether or not a pending I-130 at a Service Center allows for filing of an AOS. However, they DO agree that a SECOND I-130 filed concurretly with the AOS is just fine and dandy.

Do the extra form and fork over the extra $130. It saves time, no??

geofftex

Thanks for the info. But had another question Mr. Folinsky. Once we file the AOS it is faster to file another I-130? Also the other question is that is the K-3 still valid? So there will be no reason for AP while the AOS is processing?