Susie

what happens if you hold off on filing the AOS and your I-130 is approved in the meantime? is it still valid? do you still have to apply for the AOS if your I-130 gets approved before you get around to filing? do you have to go back to your home country to finalize the I-130 if it is approved before you file for AOS?

Do you think they could make this a bit more complicated for us? hehe


Susie

Rete

It doesn't make it more complicated. It makes it less complicated. An approved I-130 means that when you do file the AOS (I-485) you won't have to worry about the approval timeline for the I-130 because it has already been approved. You have the option of either going back to your country and interviewing there (at least I believe that is an option) or filing for the AOS here in the US and going from there.

If you are intending to do it in the US, you have two years from the date you enter to file for AOS.

Rete

Susie

I see... so someone that comes into the US on the I-130 instead of a K-3 still files for AOS?

Susie

Rete

No someone who enters under an approved I-130 enters as Permanent Resident. They are already adjusted. One of the advantages of waiting out the I-130 approval and interviewing at the US Consulate.

Rete

Susie

so under my k-3 can I travel back and forth as much as I want up until I file for AOS? Then what? Do I have to file for AP to leave the country once I have filed the I-485?

And can I file for EAD & SSN without AOS?

Thanks!

Susie