miffy_m

Evening all,

Didn't want to hijack another thread, so starting a new one.

Both my I-130 and I-129F petitions were approved within a week of each other and both have been sent to the NVC.

I've also just received word (post) that my I-129F petition has been forwarded to the London Embassy.

Being young, my goal is to be able to enter the US and work immediately. I therefore have 2 options: one, if the I-130 petition goes through, I can enter straight away and work. two, if the I-129F petition goes through, I can pop into the US to apply for the EAD, return to the UK for a couple of months and then return to the US to work.

So, my question is as follows: Do I have any say in which petition is actioned? I.e. can I phone up the NVC and ask them to action the I-130 in preference to the I-129F? Even if I do have this option, is this a wise move as I understand that the I-130 can take several months more in the NVC than the I-129F?

Many thanks,

M.

Noorah101

If you want to cancel the I-129F petition, you'd need to notify the embassy in London, not NVC anymore. You said they've already sent it on to the embassy.

I am not sure if you can cancel it anymore, but you can try contacting NVC to see if, once you cancel the I-129F at the embassy, if NVC will then continue your I-130 progress. There also used to be a $200 fee for canceling the I-129F, but that was at the NVC stage. I'm not sure if NVC still does that, or what you options are once it's out of NVC's hands.

Although probably the smoother route would be to just let everything go along as it is, and if you get the K-3 visa, do as you planned.....enter the USA, apply for the EAD, get the biometrics for that done, then return to the UK until the EAD comes in the mail to the USA.

Personally, I think the Immigrant Visa is the better one, because not only do you get work authorization on Day 1 in the USA, you also become a US PR on Day 1, with no further paperwork or fees (as is the case with the K-3).

Rene

miffy_m

Do you know what the extra fees are, and the process, to become a PR (after the K-3)?

Ta,

M.

Noorah101

The fee is $1,010, which includes all the forms and biometrics fee.

The K-3 holder files the AOS package (forms I-485, G-325A, I-864), goes for biometrics, then waits for an AOS interview and the local district USCIS office. Both husband and wife go to the interview, and if everything is in order, the approval is given and the green card comes in the mail a few weeks later.

The AOS (adjustment of status) process can take anywhere from a few months to a year or so.

In order to get permission to work, the K-3 holder must file form I-765. He can do this on Day 1 in the USA if he wants to. It takes about 90 days to get it in the mail.

I believe the K-3 holder has 2 years in which to file AOS after arrival. The K-3 is a multiple entry visa, so he doesn't need to file an I-131 with the AOS package for AP in order to travel. Also no medical is needed because he had one back home....BUT, if he waits more than a year from having the medical to filing AOS, a new medical might be needed since the overseas one would be more than a year old. Not sure on that one.

Of course the longer you postpone filing AOS, the longer it will be until he becomes a PR and subsequently a USC.

Rene

jbfaust

Thanks for the AOS info. I have a question about your last sentence. Do you have to eventually become naturalized? Are there any benefits to being a citizen that you don't get from having a perm. green card? (aside from voting?)

Noorah101

You don't have to become a USC. You can remain a PR forever if you want. If you check the Wiki part of this site, you'll find a link to some of the benefits of becoming a USC.

One of the best things about becoming a USC, in my opinion, is that you are done with USCIS forever, and you can have the freedom to come and go in and out of the USA as much as you want.

Rene

ian-mstm

There are 5 big benefits that I always tell people about:

1) You have the right of entry to the US - you can stay outside the US as long as you want and still get back in.
2) You relieve your sponsor and/or joint-sponsor of financial responsibility under the I-864.
3) You can vote - and be part of the process rather than an observer.
4) You can petition family members to immigrate.
5) You never have to deal with USCIS again.

There's more, of course... read all about it here: http://britishexpats.com/wiki/Pros_a...US_Citizenship.

Ian