CaliforniaBride

Ok, as I understand it I now need to apply for an EAD and a SSN. I've decided to hold off on the SSN for a while as I have only held my K3 for less than a week and been in the US for 6 days. After a visit to the SS office and looking at the line I didn't fancy queueing for half the day to be told I wasn't yet in the system.

So, my question is, besides applying for my EAD and SSN what do I do and in what order, with regard to AOS?

Do I wait for my I-130 approval? Or do I go ahead and apply for my AOS (I-485?).

What are the benefits or not regarding conditions etc?

I've tried reading through the forum, maybe I'm just worn out at this stage, but I can't seem to get my head around what I should be doing next.

Any help would be appreciated.

Thanks in advance

CB

Rete

As a recipient of a K-3 you are not eligible for a SSN until you have an EAD in your hand. Although K-3 supposedly have the right to work, SSA will not give you a social security number without the EAD.

As for filing the I-485 you have to find out what your district office in California wants. Do they want the I-130 approved before they will accept the I-485 or will they accept it with only a copy of the I-130 file notice or will they accept a new I-130 with fee if you choose to go that way.

As for the EAD, as a K-3 beneficiary, you can file for that at the Chicago address listed on the I-129F.

Rete

jeffreyhy

CB,

You don't "need" to apply for an EAD and a SS#. At least not for immigration purposes. You may want them for other reasons.

For immigration purposes, you don't really "need" to apply for AOS, either. You can wait for the I-130 to be approved, then take a visit back to your native country to get an immigrant visa.

If you want to get your PR status without making a trip back to your country for the immigrant visa, then you do need to submit an I-485 application to adjust status. Whether or not you can do that before your I-130 is approved depends on the policy of your local CIS office.

Regards, JEff

CaliforniaBride

Thanks Rete and Jeff.

I've just found a current list of processing times

http://www.us-immigration-attorney.c...frames-csc.htm

They show I-130's being processed from February 2003. I'm assuming that California would be processing my application, although I'm not sure. How can I find out?

If I did decide to wait for my I-130 to be approved what would be the process? Would it be similar to getting my K3? Ie, producing required evidence, going for interview etc. Would I have to spend a specific amount of time in the UK? Is it really straight forward at POE?

If I AOS here are there any advantadges? Is it a longer/shorter process?

So, I suppose the question is AOS or not to AOS??

Thanks

CB

jeffreyhy

CB,

My knowledge of how to pursue an immigrant visa is limited, but I'll tell you what I think I know.

When the NVC gets the approved I-130 petition they will send the petitioner some information and forms to fill out, including the I-864 affidavit of support. The petitioner sends the items requested back to the NVC, they do whatever their thing is, then send it on to the embassy. Takes a month or two (?) as compared to the day or two it takes them to pass on an approved I-129f petition. Then the embassy will notify the beneficiary (that's you?) with information about what you have to do to apply for the immigrant visa.

As to adjusting status from a K3, Folinskyinla has laid out the 3 possible procedures nicely several times, and Rete has mentioned it in this thread already:
- the local office will accept your I-485 without the I-130 having been approved,
- the local office will accept your I-485 only after the I-130 has been approved, or
- the local office will accept your I-485 if you include a new I-130 (and associated fee) with out.
You've got to figure out (somehow) which of the 3 procedures your local office follows.

Regards, JEff

CaliforniaBride

Thanks Jeff

I've found out that in California I can apply for AOS before my I-130 has been approved.

If I was resident in the UK then it would be better for me to go the I-130 route.

I think I've got it now.

One other thing worth mentioning is that as a K3 I have no need for advance parole as I can travel on my K3 visa. BUT once I apply for my Green Card (AOS) I HAVE to have Advanced Parole to travel. Which I can apply for at the same time as my AOS. Advanced Parole applications are currently being processed in 60-90 days. If I did have an emergency back in the UK during that time I could permission to travel.

Thanks for your help, it's certainly pointed me in the right direction.

CB

Jerry

Does anyone know if the San
Francisco district office allows you to file the I-485 before your I-130 is
approved?



"CaliforniaBride" <member12142@british_expats.com> wrote in message
news:[email protected]...
    > Thanks Jeff
    > I've found out that in California I can apply for AOS
    > before my I-130 has been approved.
    > If I was resident in the UK then it
    > would be better for me to go the I-130 route.
    > I think I've got it now.
    > One other thing worth mentioning is that as a K3 I have no need for
    > advance parole as I can travel on my K3 visa. BUT once I apply for my
    > Green Card (AOS) I HAVE to have Advanced Parole to travel. Which I can
    > apply for at the same time as my AOS. Advanced Parole applications are
    > currently being processed in 60-90 days. If I did have an emergency
    > back in the UK during that time I could permission to travel.
    > Thanks
    > for your help, it's certainly pointed me in the right direction.
    > CB
    > Originally posted by jeffreyhy
    > > CB,
    > >
    > > My knowledge
    > of how to pursue an immigrant visa is limited, but I'll tell you what I
    > think I know.
    > >
    > > When the NVC gets the approved I-130 petition they
    > will send the petitioner some information and forms to fill out,
    > including the I-864 affidavit of support. The petitioner sends the
    > items requested back to the NVC, they do whatever their thing is, then
    > send it on to the embassy. Takes a month or two (?) as compared to the
    > day or two it takes them to pass on an approved I-129f petition. Then
    > the embassy will notify the beneficiary (that's you?) with information
    > about what you have to do to apply for the immigrant visa.
    > >
    > > As to
    > adjusting status from a K3, Folinskyinla has laid out the 3 possible
    > procedures nicely several times, and Rete has mentioned it in this
    > thread already:
    > > - the local office will accept your I-485 without the
    > I-130 having been approved,
    > > - the local office will accept your I-485
    > only after the I-130 has been approved, or
    > > - the local office will
    > accept your I-485 if you include a new I-130 (and associated fee) with
    > out.
    > > You've got to figure out (somehow) which of the 3 procedures your
    > local office follows.
    > >
    > Regards, JEff
    > --
    > Posted via http://britishexpats.com

cacti

CB,

A few notes...

---Whether or not to AOS or wait for the I-130 to be approved depends on

a) how much MORE money you want to spend!
b) approval/processing time of I-130 vs I-485 (AOS).

If you don't mind spending the extra money, do the AOS. The I-130 has been stuck on the Feb2003 date for about 5 months! (I'm Mar2003, so I'm waiting...). Filing an I-485 can be looked on as insurance in that it MIGHT get approved faster and you don't have to go back to the UK for processing (interview).

---Your comment about needing advance parole after filing an I-485 is NOT correct. Your K-3 is still valid and allows you multiple entries.

Hope that helps!

jeffreyhy

CB,

Not true - a K3 does not need advance parole to travel after AOS has been applied for. There is a faq somewhere on the USCIS web site (I think that's where it is - I've never book-marked it but should have) that is quite clear about this.

Thing is, I've had one lawyer tell me he's had several K3 clients who've had the CIS tell them that their AOS was abandoned after traveling without AP. This can be fought and won, or re-apply for AOS, but at what cost in time, effort, and money? Hopefully, as time goes on, there will be less and less confusion about this on the part of individuals within the CIS.

Think of AP for a K3 as insurance, and decide if the risk is worth the cost of coverage.

Regards, JEff

jeffreyhy

cacti,

I'm not so sure that AOS costs more than waiting for the I-130 to be approved. Even not counting the cost of travel back to the home country for the immigrant visa, there is the cost of the I-864 processing (no cost for this with AOS) and the cost of the IV itself to consider.

Entry isn't the problem. The problem is that someone at the CIS may determine that the AOS application has been abandoned by leaving the country without AP. This is not correct, but it has happened, and if it does happen then one has a problem that needs to be dealt with.

Regards, JEff

cacti

Agreed on all points, Jeff.

Regards,

Cacti

CaliforniaBride

Thanks Jeff & Cacti

Our attorney has told me that we definitely do need Advance Parole even though we are K3. Yet the application form for AP says quite clearly on the instruction pages that this is not required for K3.

Hubby and I are inclined to agree that it does seem, that for the sake of $110, we may as well look at it as an insurance policy.

We have decided to go for AOS, in the hope that it will be quicker than waiting for the I-130. And, if I'm honest, it gives us something to focus on. The idea of just leaving the I-130 to be processed after being so active with regard the I-129, quite frankly, leaves me feeling a little nervous.

Self induced headache? Probably!

CB *addicted to making it happen*

mdaitc

Hi.

Thanks for asking the question i was getting round to ask CB I'm pondering too whether to AOS or EAD.

I am a little concerned about the need for AP raised here, i was under the impression that it wouldn't be needed until i had actually adjusted.

From my point of view, an EAD via the AOS route seems to be quicker thru my local district office (Kansas City) rather than Chicago.

Humm, tis a tough choice really, is there a majority that does it either way?

Thanks,

Matt

jeffreyhy

Matt,

Once you have "actually adjusted" you will be a Permanent Resident - definitely no need for AP at that point.

As for "pondering too whether to AOS or EAD", those are two entirely different things. What's to ponder?

Regards, JEff

mdaitc

Whether to:
a) apply for AOS (inc. EAD) now (and apply for AP) or
b) apply for EAD now and wait to apply for AOS to save getting AP when leaving the country. or
c) apply for EAD and go back to england when the I130 is approved.