saha

Hello:

My wife is here with K3 visa while her I-130 is pending at NSC since early July, 2002.

Can I file AOS in the given situation without another new I-130?

Or I have to simply wait for the pending I-130 to file AOS?

Thanks,

Saha

kumar1965

Hi saha,

I am also going through the same situation , my wifes I 130 is pending at vermont service center, I called NCSC they told me that i have to wait untill I 130 is approved then I can file for I 485 at local INS office.

I am thinking of writing a letter to vermont and find out status of my I 130.

still confused what to do , if you find anything please let us know.

thanks


kumar1965

claudia13839

Doesn't it say in the instructions that the I-130 does NOT need to be approved in order to file for AOS. I was under the impression that you could just send in a copy of the NOA for the pending I-130.

There was also a discussion a week or so back where one of the lawyers mentiioned something about filing a NEW I-130 along with the AOS application. Was very vague.

~Claudia

saha

It is very very vague in deed!!
Perhaps, waiting is the name of the game for K3-ers till I-130 is approved to file AOS!!

Any better idea?

Dipty Jardosh

Hi Saha,
Please check this link if that can be of help

http://k1.exit.com/k-3second.html

Regards,

Dipty

saha

Dipty and ALL:

At http://k1.exit.com/k-3second.html, this is what it says:

A. Adjust status inside the US after entry on a K3/K4: The foreign spouse enters the US as a K3 and can file for adjustment of status at the local INS office. The spouse does NOT have to wait for I-130 approval, according to the law. The spouse will need the copy of the notice of approval of the K3 visa in order to file for AOS, but the I-130 does not have to be approved at the time AOS is filed. Please note that the spouse/child who enters on K3/K4 status will have valid status for a period of 2 years (or up to the 21st birthday or marriage of the child, whichever comes first). The K4 child must remain unmarried until adjustment of status. The K3/K4 can file adjustment of status any time during that 2-year period. However, if they choose to work, they will have to show that they are actively pursuing adjustment of status.

But the question remain the same, should I go ahead and file AOS? . Appreciate all yours help.

-Saha

Folinskyinla

Hi:

I've written this before, but this question has come up with local Los Angeles office in a slightly diffrent context -- where an I-130 under the F-2A is pending and the petitioner has naturalized. LA said they had "trouble" with taking an I-485 without an I-130 unless the I-130 was approved. However, they had no trouble in taking a NEW I-130.

That said, rather than "fighting City Hall" over a few scraps of paper and a $130 filing fee -- just pay it the new fee and put in a second one.

Sometimes you have to decide between being right and getting a speedy "yes" for the Government.