Simon&Vik

I-130 NOA1 (Neb) Sep 8, 2003
I-130 approved Aug 25, 2004

But since we've got the K-3, what do we do now? Still just do AOS? Or should we do something else since we've not applied for AOS yet? What is the status for someone on an I-130? Is it still a K-3 that is the Visa they'd get approved and therefor would still be conditional resident? (it's been so long since researching all this, I've forgotten a bunch! LOL!)

Buendia

Congratulations! What great news!!!

My understanding is that you now have two options - Consular Processing (ie you can return to the UK to obtain the immigrant visa there) or AOS. Your decision may be influenced by how long your local service center in Indiana is taking to do AOS, so maybe do a quick search to see, and if it's too long, you may want to opt for Consular Processing.

But if you want to do AOS, I'm pretty sure you need to tell the NVC (in writing and by phone would be how I'd do it).

There have been some recent threads on the difference and the processes that you might want to look up.... and good luck!!!!

Jerry-44

Hi Simone & Vick
Like the Bueandia says , you have two option , 1. apply ro AOS in your local districy, I have no idea how long it will takes to process.
2. Follow I-130 which require attend interviewat the consular his or her country, than you will received immigrant visa and green card . I don't know what would be timeline fro both those option. You will have to decided which route will you go.Your Status is a nonimmigrant on K-3 visa, I think even I-130 approved , you are not a conditional resident till all is done either AOS or I-130.
I was on K-3 as well,but applied for AOS when arrived in US (2003). Few months later my I-130 was approved. I chose AOS, in my area it took about 11 months. Now , I am Pernament resident as of July 2004
If you take I 130, than you don't have to apply for AOS, because after all done you will receive a immigrant visa and Pernament Residency card.
AOS than you will have to notify NVC about what route would you go,since you don't apply for AOS , I think I-130 could be a little faster.
I hope that would help..
Good luck
jerry-44

Simon&Vik

His status as I understand it on his current K-3 Visa (via I-129F) is Conditional Resident.
I was asking (not very clearly) what the status would be if one did continue on the I-130 route, but since we'd ahve to go back to the UK for that, I guess it's a useless question for us. We've got more time to wait on AOS than we do $$ to spend on plane tickets...

If AOS is pending while K-3 expires, I believe I read on here that you're not considered on an overstay. But we've still got a few yrs before that would happen and we don't intend to wait much longer before applying.

I'll do some research on the times n whatnot though, just to be sure. (Never can have too much info, right?)

Thanks for the info guys!

cindyabs

Congrats kiddles, .
I have a thread going since our 130 was approved in June, about CP processing. For us it's preferable to do CP than AOS since Atlanta is taking over 2 years for AOS. Also it is not something you have to do immediately on the CP, you have a year up to the time you start the ball rolling for completion. We have dragged our feet deliberately in order to avoid high season air fares. Also, since we have been married over 4 years now, Steve would be a PR rather than in Conditional status. Plus he would like to go back to the UK and visit his family.

CalgaryAMC

Yes congratulations. Another person with an NSC petition sent after mine and approved before me...I'm an unlucky bastard. Oh, I nearly forgot, mine isn't at NSC any more having recently been sent to gather some new dust at the CSC.

In all seriousness, your next step is to file for AOS since you don't want to fly home again. K-3 status is not "conditional residency." It's a nothing status essentially (temporary non-immigrant). Get your AOS application in ASAP. K-3 status can be extended in the event that the AOS application has not been adjudicated in time.

Simon&Vik

As all of us who have gone through/are going through this process know, it's not fair. Other people who got their Packet 3s mailed in after us got their interviews (and therefore their Visas & ability to be w/their loved one) ahead of us. It's swings & roundabouts.

K-3 status is not "conditional residency." It's a nothing status essentially (temporary non-immigrant).

I'd've sworn that on his Visa it says "conditional resident." (It's in the lockbox, so I can't easily double check though...) Thanks, yes, we should be getting his AOS submitted within the next 2 wks.

CalgaryAMC

The chaos of it delights me - combined as it is with the the dog and pony show of NOAs and online status checks. I was brought up in the third world and the whole process brings back fond memories. I am certainly not upset. My wife lived abroad with me throughout the process anyway, so we have not been separated at all. I would, I suspect, be angry and unamused if we were apart.

On the question of conditional residency; you are mistaken. You almost certainly picked up the phrase from some other form you were filling out (perhaps the I-130). K-3 is not, never has been and never will be conditional residency. I am a K-3 myself, incidentally.

jeffreyhy

Vik,

No, it doesn't. It couldn't. The K3 is a non-immigrant visa. And consulates (the Department of State) don't grant immigration status, they issue visas. If an immigrant visa, the status of Permanent Resident would be given at the POE on entry.

Congratulations on the approval.

Regards, JEff

MissF

Hi,

I have to apply to the Nebraska Center as well. Can you maybe tell me how long it took from sending I-130 till you received NOA?
I am filing the I-130 this week, how long will it take until I can move to the US?

Thanks

CalgaryAMC

The answer to your last question is, "nobody knows." There are many other steps, not simply the I-130.

What we do know - approximately - is what Nebraska is working on right now: https://egov.immigration.gov/cris/js...enter=Nebraska

You are extraordinarily lucky, I should add, because Nebraska has just offloaded its immediate relative I-130 backlog to other service centres.

MissF

But they are only processing Oct 2003 now, Vermont is at September 2004.
Isn't Vermont faster?

Hypertweeky

Hey Vik

CONGRATULATIONS!!
K3 status isn't conditional resident.. in order to get that you and your husband will have to AOS either in the US or abroad as other have pointed, it is ok to get confused and scared, I flipped out when I got the I-130 approval.. I though I had one more year of waiting
Take care.. and come back more often, we miss you here

Hypertweeky

TSC forwarded its backog to Nebraska for quite a while, I feel bad for those filing thru California (I believe that's where the backlog is being forwarded),there is nothing we can do but to support those who are experiencing major delays

dutchman2001nl

Congrats guy's....