bionut

Hi,
I just have a couple of questions about the process after the approval of the I-130. First, let me lay out the background info.

I130 NOA1 - July 19, 2003
I129F for K3 visa NOA1 - July 25, 2004
I129F NOA2 - Nov 25, 2003
K3 interview and approval - Feb 4
Feb 6 enter the US
EAD NOA1 -. Feb 17
EAD temp - May 23
NOA 2 for I-130 - July 28

OK, to sum up, my husband entered the US on a K3 and we have just got word that the I-130 has been approved. Now what?

Do we file the I485 and other forms at our local office?

OR

Do we wait to hear from the NVC and file the forms with them and have the green card interview at the consulate abroad?

Do we have a choice as our I130 has been approved before we filed AOS.?

Thanks for the help.
bionut

Leslie

Good question(s), bionut.

I want to know.......... If you have not done AOS yet, what is the very first step after approval of the I-130. Assuming you want to finish the process in the states.

jeffreyhy

nut,

You can do either of the 2 options you list.

You should understand, however, that your second option is not a "green card interview at the consulate abroad". The second option is to apply for an immigrant visa at the consulate abroad. When re-entering the US using that immigrant visa, Permanent Resident status will be granted at the POE.

Regards, JEff

jeffreyhy

Leslie,

Do AOS.

Regards, JEff

utopiacowboy

Why do you advise AOS, Jeff? I am curious.

gemmacat

I'm confused now.. once the K3 is approved and my husband and son comes over here (k3/k4), I wait until the I-130 is approved to file the AOS, or can I file the AOS (thats the I145, right?) when he gets here. They do NOT have to go back to England to interview again? I was planning on waiting until they were here to file the I-130 for my stepson, as he is still going back and forth on what he wants to do.
shoot.. I thought the first to steps were confusing!

jeffreyhy

cowboy,

Because she specifies "Assuming you want to finish the process in the states."

Kinda narrows down the 2 options available, don't you think?

Regards, JEff

jeffreyhy

gemma,

When your husband can file for AOS (and that's not "I145") depends on the policy on accepting AOS applications at the District or Sub office that serves the area where you live. Or, if your local office forwards all AOS applications to the NBC for initial processing, it depends on the policy of the NBC.

If they apply for AOS they do not have to go back to England.

That's what I did for my step-son (although not for the same reason). In your circumstance you describe it sounds like you did the prudent thing.

Regards, JEff