K-3 AOS Process question
 

I've been lurking and posting the occasional message in this group for over
a year now, and have learned a lot about the K-3 process while doing so. I'd
like to explain our situation before I ask for some helpful information.
Kathy is the USC and I am the Brit. We were married in Georgia USA on the
03/03/03 at 3.03 in the afternoon. (I'll never be able to claim I forgot the
anniversary!)

I went back to the UK after the marriage and we applied for a K-3 which was
granted on the 17th of September 2003. I then travelled to the US on the
17th October and have been living here since. I've applied for and been
granted an EAD dated to the time my K-3 expires on 16th September 2005, and
a SSN, I also have a driver's license. Here are my questions: First, the
most important one. When do I move onto the next stage of the process, which
I understand requires me to apply for AOS? I find the information on when to
do this, to be somewhat confusing. And secondly, which forms will I need to
fill in to do this.

Alfie..

Re: K-3 AOS Process question
 

Alfie,

You can apply for adjustment of status if you wish, but you are not required to do so.

You can remain in the USA as a K3 for as long as 2 years until your wife's I-130 petition on your behalf is approved, then you can go back to the UK and apply for an immigrant visa. When you re-enter the USA using that visa you will be given Permanent Resident status.

Regards, JEff

Re: K-3 AOS Process question
 

Check here for the steps involved in the K-3 process:

http://www.visajourney.com/faq/k1faq.htm

- Eric S.


"The Hawkslayer" <[email protected]> wrote in message
news:[email protected]...
    > I've been lurking and posting the occasional message in this group for
over
    > a year now, and have learned a lot about the K-3 process while doing so.
I'd
    > like to explain our situation before I ask for some helpful information.
    > Kathy is the USC and I am the Brit. We were married in Georgia USA on the
    > 03/03/03 at 3.03 in the afternoon. (I'll never be able to claim I forgot
the
    > anniversary!)
    > I went back to the UK after the marriage and we applied for a K-3 which
was
    > granted on the 17th of September 2003. I then travelled to the US on the
    > 17th October and have been living here since. I've applied for and been
    > granted an EAD dated to the time my K-3 expires on 16th September 2005,
and
    > a SSN, I also have a driver's license. Here are my questions: First, the
    > most important one. When do I move onto the next stage of the process,
which
    > I understand requires me to apply for AOS? I find the information on when
to
    > do this, to be somewhat confusing. And secondly, which forms will I need
to
    > fill in to do this.
    > Alfie..

Re: K-3 AOS Process question
 

Or he can wait until his I-130 is approved and AOS in the US:)

Re: K-3 AOS Process question
 

Thanks for the suggestions. I like the idea sent by Hypertweeky - This
sounds like the kind of path I'd like to take. I'd rather wait this out in
the US than go back to the UK to apply. But, what is the procedure if my K-3
times out and I still don't have the I-130 approved? We received our I-130
NOA1 from the Texas Service center on 9th May 2003. Is there any chance of
gaining approval before 16th September 2005, when my K-3 expires? What are
the current processing times from TSC?

Alfie..


"Hypertweeky" <member13109@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by jeffreyhy
    > > Alfie,
    > >
    > > You can
    > apply for adjustment of status if you wish, but you are not required to
    > do so.
    > >
    > > You can remain in the USA as a K3 for as long as 2 years
    > until your wife's I-130 petition on your behalf is approved, then you
    > can go back to the UK and apply for an immigrant visa. When you re-
    > enter the USA using that visa you will be given Permanent Resident
    > status.
    > >
    > > Regards, JEff
    > Or he can wait until his I-130 is
    > approved and AOS in the US:)
    > --
    > Posted via http://britishexpats.com

Re: K-3 AOS Process question
 

Alfie, good to hear from you again! Hope all well with Kathy? TSC/NSC (working in tandem on some cases being transferred from TSC to NSC) has been sending out NOAs on 130s with the first NOA from September of 2002 in the last few weeks.
You can renew your K3 if it is set to expire before you expect an approval on the 130.
We now have our second NOA for the 130 and are planning to go to the UK to complete the process. Currently Atlantas AOS timelines date from 3 YEARS ago................

Re: K-3 AOS Process question
 

Hi Cindy,

It's nice to be back abd see that you're still here and still in process,
sounds as though you are moving into the final stages. How are you? We're
doing fine here in Milledgeville .Everything has gone really well up till
now, I have the EAD and the SSN and am getting ready to move on to the next
stage. Kathy is doing great! You recall she was diagnosed with cancer of the
spine last June? Well she had the radiation sixteen times and attends
hospital monthly for bloodwork and a Zometa drip. All the checks come back
showing she is now clear of any signs. So we're confident that we're going
to be together for many more years.

Tell me somethings about going to London for the I-130, please; Firstly -
Can everything be arranged from here, so that we only have to go over there
for the appointment at the Embassy, and can fly home afterwards? Secondly -
If we do go to London, what do we have in our hot little hands when we leave
the Embassy? Do we have a visa, and a Green Card? If not, just what do we
have that makes it worthwhile to make the trip? So many questions, eh? :)

Alfie..


"cindyabs" <member3791@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by The Hawkslayer
    > > Thanks for the
    > suggestions. I like the idea sent by Hypertweeky - This
    > > sounds like
    > the kind of path I'd like to take. I'd rather wait this out in
    > > the US
    > than go back to the UK to apply. But, what is the procedure if my K-3
    > >
    > times out and I still don't have the I-130 approved? We received our I-
    > 130
    > > NOA1 from the Texas Service center on 9th May 2003. Is there any
    > chance of
    > > gaining approval before 16th September 2005, when my K-3
    > expires? What are
    > > the current processing times from TSC?
    > >
    > > Alfie..
    > >
    > >
    > > "Hypertweeky" <member13109@british_expats.com> wrote in message
    > > news:[email protected]"]news:1454956.108621-
    > [email protected][/url]...
    > > > Originally posted by
    > jeffreyhy
    > > > > Alfie,
    > > > >
    > > > > You
    > can
    > > > apply for adjustment of status if you wish, but you are
    > not required to
    > > > do so.
    > > > >
    > > > > You
    > can remain in the USA as a K3 for as long as 2 years
    > > > until
    > your wife's I-130 petition on your behalf is approved, then you
    > >
    > > can go back to the UK and apply for an immigrant visa. When you
    > re-
    > > > enter the USA using that visa you will be given
    > Permanent Resident
    > > > status.
    > > > >
    > > > >
    > Regards, JEff
    > > > Or he can wait until his I-130 is
    > >
    > > approved and AOS in the US:)
    > > > --
    > > > Posted
    > via http://britishexpats.com/http://britishexpats.com
    > Alfie, good to hear from you again! Hope all well with
    > Kathy? TSC/NSC (working in tandem on some cases being transferred from
    > TSC to NSC) has been sending out NOAs on 130s with the first NOA from
    > September of 2002 in the last few weeks.
    > You can renew your K3 if it is
    > set to expire before you expect an approval on the 130.
    > We now have our
    > second NOA for the 130 and are planning to go to the UK to complete the
    > process. Currently Atlantas AOS timelines date from 3 YEARS
    > ago................
    > --
    > Posted via http://britishexpats.com

Re: K-3 AOS Process question
 

Have you applied for the 1 30 yet?

Re: K-3 AOS Process question
 

Our 130 was applied for May of 2002 and it was approved March of this
year.....we are waiting for the 485 to be approved my husband work visa
expires March of 2005 so we are hoping it will be approved
soon,,,,when it is is should be for 10 years.... my husband is from
Canada.

Brenda

Re: K-3 AOS Process question
 

Alfie,

"wait[ing] this out in the US" is what the K3 visa is all about. I did not suggest that you got back to the UK for any period longer than the amount of time it takes to attend a visa interview. Some people might prefer this to AOS if they have to wait until the I-130 is approved to submit their I-485 (due to local USCIS office policy, which varies from office to office) because it may be the faster route to Permanent Resident status.

Good question about what happens if your K3 status expires before your I-130 is approved. I dodged the issue in my initial response because I don't know the answer. I do know that there is a USCIS form I-539, Application To Extend/Change Nonimmigrant Status, which is also used by K-3/4 nonimmigrants to request extensions of stay. I don't know what that means, exactly, so if my wife ends up running out of time on her K3 status we'll be consulting an immigration lawyer for advice on what to do.

Regards, JEff

Re: K-3 AOS Process question
 

Yes, we applied for the I-30 and received the first NOA in May of last year,
2003.

Alfie..

"Brenda Ballard" <[email protected]> wrote in message
news:[email protected]...
    > Have you applied for the 1 30 yet?

Re: K-3 AOS Process question
 

Where can I find more information on what's involved in going to London for
the I-130 interview? Do they make the appointment there when they grant the
I-130? Or do we have to make one? I'd like to read up on things like that,
I've searched the net, but can't find the information I need. If someone
would just point me in the right direction.... I'd appreciate it..

Alfie..

"cindyabs" <member3791@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by The Hawkslayer
    > > Thanks for the
    > suggestions. I like the idea sent by Hypertweeky - This
    > > sounds like
    > the kind of path I'd like to take. I'd rather wait this out in
    > > the US
    > than go back to the UK to apply. But, what is the procedure if my K-3
    > >
    > times out and I still don't have the I-130 approved? We received our I-
    > 130
    > > NOA1 from the Texas Service center on 9th May 2003. Is there any
    > chance of
    > > gaining approval before 16th September 2005, when my K-3
    > expires? What are
    > > the current processing times from TSC?
    > >
    > > Alfie..
    > >
    > >
    > > "Hypertweeky" <member13109@british_expats.com> wrote in message
    > > news:[email protected]"]news:1454956.108621-
    > [email protected][/url]...
    > > > Originally posted by
    > jeffreyhy
    > > > > Alfie,
    > > > >
    > > > > You
    > can
    > > > apply for adjustment of status if you wish, but you are
    > not required to
    > > > do so.
    > > > >
    > > > > You
    > can remain in the USA as a K3 for as long as 2 years
    > > > until
    > your wife's I-130 petition on your behalf is approved, then you
    > >
    > > can go back to the UK and apply for an immigrant visa. When you
    > re-
    > > > enter the USA using that visa you will be given
    > Permanent Resident
    > > > status.
    > > > >
    > > > >
    > Regards, JEff
    > > > Or he can wait until his I-130 is
    > >
    > > approved and AOS in the US:)
    > > > --
    > > > Posted
    > via http://britishexpats.com/http://britishexpats.com
    > Alfie, good to hear from you again! Hope all well with
    > Kathy? TSC/NSC (working in tandem on some cases being transferred from
    > TSC to NSC) has been sending out NOAs on 130s with the first NOA from
    > September of 2002 in the last few weeks.
    > You can renew your K3 if it is
    > set to expire before you expect an approval on the 130.
    > We now have our
    > second NOA for the 130 and are planning to go to the UK to complete the
    > process. Currently Atlantas AOS timelines date from 3 YEARS
    > ago................
    > --
    > Posted via http://britishexpats.com

Re: K-3 AOS Process question
 

Where can I find more information on what's involved in going to London for
the I-130 interview? Do they make the appointment there when they grant the
I-130? Or do we have to make one? I'd like to read up on things like that,
I've searched the net, but can't find the information I need. If someone
would just point me in the right direction.... I'd appreciate it..

Alfie..

"cindyabs" <member3791@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by The Hawkslayer
    > > Thanks for the
    > suggestions. I like the idea sent by Hypertweeky - This
    > > sounds like
    > the kind of path I'd like to take. I'd rather wait this out in
    > > the US
    > than go back to the UK to apply. But, what is the procedure if my K-3
    > >
    > times out and I still don't have the I-130 approved? We received our I-
    > 130
    > > NOA1 from the Texas Service center on 9th May 2003. Is there any
    > chance of
    > > gaining approval before 16th September 2005, when my K-3
    > expires? What are
    > > the current processing times from TSC?
    > >
    > > Alfie..
    > >
    > >
    > > "Hypertweeky" <member13109@british_expats.com> wrote in message
    > > news:[email protected]"]news:1454956.108621-
    > [email protected][/url]...
    > > > Originally posted by
    > jeffreyhy
    > > > > Alfie,
    > > > >
    > > > > You
    > can
    > > > apply for adjustment of status if you wish, but you are
    > not required to
    > > > do so.
    > > > >
    > > > > You
    > can remain in the USA as a K3 for as long as 2 years
    > > > until
    > your wife's I-130 petition on your behalf is approved, then you
    > >
    > > can go back to the UK and apply for an immigrant visa. When you
    > re-
    > > > enter the USA using that visa you will be given
    > Permanent Resident
    > > > status.
    > > > >
    > > > >
    > Regards, JEff
    > > > Or he can wait until his I-130 is
    > >
    > > approved and AOS in the US:)
    > > > --
    > > > Posted
    > via http://britishexpats.com/http://britishexpats.com
    > Alfie, good to hear from you again! Hope all well with
    > Kathy? TSC/NSC (working in tandem on some cases being transferred from
    > TSC to NSC) has been sending out NOAs on 130s with the first NOA from
    > September of 2002 in the last few weeks.
    > You can renew your K3 if it is
    > set to expire before you expect an approval on the 130.
    > We now have our
    > second NOA for the 130 and are planning to go to the UK to complete the
    > process. Currently Atlantas AOS timelines date from 3 YEARS
    > ago................
    > --
    > Posted via http://britishexpats.com

Re: K-3 AOS Process question
 

Alfie,

There is no "I-130 interview". After your wife's petition is approved you apply for an immigrant visa. When the consulate receives your application they will schedule a visa interview for you.

There are some intermediate steps between the approval of the petition and your application for the visa. These will be handled by the US National Visa Center (NVC), and I don't know the specifics. The NVC will receive your wife's approved petition from the USCIS, they will contact your wife and tell her what is required next, and they will then forward the approved petition to the consular section in London.

Perhaps the consular section of the embassy in London has a page that will provide the specific information you want.

Regards, JEff