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Getting a K3, abandon the I130 entirely?

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Getting a K3, abandon the I130 entirely?

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Old Mar 29th 2003, 9:17 am
  #1  
Sys
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Default Getting a K3, abandon the I130 entirely?

My wife is about to be issued a K3. I am receiving applications for
the immigrant visa process from State. Is there any reason at all to
continue with the immigrant visa process, aside from submitting the
I864, which is required for Adjustment of Status after arrival, and
has been requested as well for the immigrant visa? Thanks.
 
Old Mar 29th 2003, 9:44 am
  #2  
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My understanding is that the K-3 has to be based upon an underlying I-130 petition. Even after entry to the US on a K-3 visa you must still continue with the I-130/I-485 process in order to AOS. K-3's I believe are valid for 2 years but are renewable.
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Old Mar 29th 2003, 12:22 pm
  #3  
Paulgani
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Default Re: Getting a K3, abandon the I130 entirely?

Obtaining an immigrant visa and subsequently entering the U.S. is the same
as completing AOS - i.e. you become a PR on that day.

Depending on where you live, filing and completing AOS could take years. On
the other hand, you may be just a few months away from obtaining the
immigrant visa. You may find that pursuing the IV process may get your
spouse her green card much faster.

Paulgani

"sys" wrote in message
news:[email protected]...
    > My wife is about to be issued a K3. I am receiving applications for
    > the immigrant visa process from State. Is there any reason at all to
    > continue with the immigrant visa process, aside from submitting the
    > I864, which is required for Adjustment of Status after arrival, and
    > has been requested as well for the immigrant visa? Thanks.
 
Old Mar 31st 2003, 1:45 am
  #4  
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Default Re: Getting a K3, abandon the I130 entirely?

Originally posted by Sys
My wife is about to be issued a K3. I am receiving applications for
the immigrant visa process from State. Is there any reason at all to
continue with the immigrant visa process, aside from submitting the
I864, which is required for Adjustment of Status after arrival, and
has been requested as well for the immigrant visa? Thanks.
Getting K3 does not have anything to do with your current immgratn visa application (except that if the consulate receives your immigrant visa application, they may stop the K3 process... but it doesnt appear to be the case in your situation). So
continue with your immigrant visa process. Your wife will get the GC faster that way. The only inconvenience is that she needs to go to the consulate outside the US to finish the immigrant visa process. But it's worthwhile considering the slowness of AOS within the US.
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