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DS-230 and I-485: confusion

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DS-230 and I-485: confusion

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Old Sep 24th 2005, 10:05 am
  #1  
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Default DS-230 and I-485: confusion

Hi all!

My wife is in the US on a K3 visa. We have received an IV App Fee Bill for $380. It says once we pay this fee, they will send the DS-230, which seems to be application for permanent residence. We have also received a packet for submitting the I-485, with a fee of $315.

I'm confused because I'm not exact sure where in the process we are at and where we will be when we file these papers. Do we need to file both of these? Can we skip the I-485 if we file the DS-230?

Thanks for your help!
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Old Sep 24th 2005, 10:15 am
  #2  
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Default Re: DS-230 and I-485: confusion

Maybe a little more information... we filed for a K3 visa and the I-130. We got the K3 and my wife is here.

Reading this thread...

http://britishexpats.com/forum/showthread.php?t=319070

It seems that maybe we need to send a letter, but I'm confused!
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Old Sep 24th 2005, 10:41 am
  #3  
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Default Re: DS-230 and I-485: confusion

Please excude my triple post. This is all very confusing and I'm trying to bring my thoughts together. I think this will be most helpful in explaining our situation. Here are the order of events...

1) We filed for a K3 visa and the I-130.
2) We got the K3 and my wife has been in the US since October 2004.
3) We got I-797 approval for the I-130.
4) We got a fee bill for the Affadavit of Support.
5) We paid it and received the Affadavit of Support form packet. We have not sent this.
6) We have not filed an I-485. We have one mostly prepared.

What should we do next? My wife is in the US and we want to complete the process in the US.

Thank you so much, and again, sorry for not having my thoughts organized in a single post.
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Old Sep 24th 2005, 11:03 am
  #4  
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Default Re: DS-230 and I-485: confusion

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I'm with you on being confused.

The DS-230 is the form for applying for an immigrant visa at a consulate.
The I-485 is for applying within the USA.

You would want only one or the other, not both. Since she has a K-3, my
guess is that the I-485 is the one you will want, and you should forget the
DS-230.

Nate wrote:

    >
    > Hi all!
    >
    > My wife is in the US on a K3 visa. We have received an IV App Fee Bill
    > for $380. It says once we pay this fee, they will send the DS-230, which
    > seems to be application for permanent residence. We have also received a
    > packet for submitting the I-485, with a fee of $315.
    >
    > I'm confused because I'm not exact sure where in the process we are at
    > and where we will be when we file these papers. Do we need to file both
    > of these? Can we skip the I-485 if we file the DS-230?
    >
    > Thanks for your help!
    >

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Sep 24th 2005, 3:44 pm
  #5  
Kevin Keane
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Posts: n/a
Default Re: DS-230 and I-485: confusion

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Hash: SHA1

Nate wrote:

    >
    >> Maybe a little more information... we filed for a K3 visa and the I-
    >> 130. We got the K3 and my wife is here.
    >> Reading this thread...
    >> http://britishexpats.com/forum/showthread.php?t=319070
    >> It seems that maybe we need to send a letter, but I'm confused!
    >
    > Please excude my triple post. This is all very confusing and I'm trying
    > to bring my thoughts together. I think this will be most helpful in
    > explaining our situation. Here are the order of events...
    >
    > 1) We filed for a K3 visa and the I-130.
    > 2) We got the K3 and my wife has been in the US since October 2004.
    > 3) We got I-797 approval for the I-130.
    > 4) We got a fee bill for the Affadavit of Support.
    > 5) We paid it and received the Affadavit of Support form packet. We have
    > not sent this.
    > 6) We have not filed an I-485. We have one mostly prepared.
    >
    > What should we do next? My wife is in the US and we want to complete the
    > process in the US.

It is really your decision what to do at this point. Personally, my instinct
would be to forget the I-485, and go with consular filing instead - it
tends to be a much faster and more painless procedure. But either one will
work just fine for you, and the convenience of not leaving the US is
certainly an advantage of the I-485. In that case, I would simply write a
letter back in response to the fee request saying that you opt for the
I-485 and will not need the DS-230.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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