berga

Hi all of you!
I hope you all are doing well in
times of frustration.

I have a question that I hope someone out there
knows anything about.

Just got the K3 (5 may) visa application thru at MSC
and waiting for the Consulate in Stockholm to contact me.

We (me and my beloved wife) have of course a I-130
pending.

What will happen to that application, will BCIS deal with
it like we hadn´t filed the I-129F. Or will the application
take a longer time now???

Could anyone clearify this matter I would be most greatful.

/Daniel and Marion
-------------------------
Timeline Sweden-USA, Ca.
I-130 NOA1 March 24, 2003
I-129-F(K3) NOA1 April 18, 2003
I-129-F(K3) Approved, April 18, 2003 (checked online)

candiceezznagui

From what I have read filing a K-3 does not effect the I-130 processing. They will take forever to approve it just like they are taking forever to approve everyone elses.


so sit back and relax. You also can not file for the AOS until your I-130 is approved. The K-3 visa is good for 2 years from date of first entry using it, I also heard that it can be extended and if anyone has more info on that please let me know.

But the I-130 should be approved before the end of 2 years and you can file the AOS and then you are okay. am I right everyone???

You are not out of status as LONG as you have the AOS pending...even if they K-3 runs out before your AOS interview....please correct me anyone if I am wrong...and let me know where you got your info from so I can check it out, since I want to make sure we have all our ducks in a row!

berga

Sorry guys made a misstake
on the date

the correct dates for us are

130 NOA1 March 24, 2003
I-129-F(K3) NOA1 April 18, 2003
I-129-F(K3) Approved, May 5, 2003 (checked online)

jeffreyhy

Candice,

Wrong. The K3 does not have to wait for the I-130 to be approved before they can apply for AOS. They have 2 choices:

1) they can apply for AOS and become a Permanent Resident on that basis without leaving the US (unless they want to make visits outside the US for other reasons), or

2) they can wait for the I-130 to be approved then go back to their native country, apply for the immigrant visa, and re-enter the US becoming a Permanent Resident on entry.

Which approach will result in becoming a Permanent Resident faster will depend on how quickly the Service Center processes I-130 petitions and the consulate in the native country processes immigrant visa applications v. how fast the local District or Sub office processes I-485 applications. (Complicating the analysis is the recent report that the MSC cum NBC will be taking over the processing of I-130 petitions from the 4 regional Service Centers over a period of time.)

Other personal factors will also help to determine which route to becoming a PR is 'best' for any particular individual.

Regards, JEff

candiceezznagui

BUT on the AOS form, you have to have a Immigrant Visa avaible for you, hence your I-130 approved, in order to file.

At the Denver office I was told that they WILL not take my AOS application UNTIL my I-130 is approved and I can not file a new I-130 with the AOS (like some instructions say that another way is if you turn in a full file that if approved will make a immigrant visa avaible) Since filing a NEW I-130 would be seen as duplicate filing, and they said I can't do that.

So I guess it depends on where you are filing and what kind of visa you have originally.

Since the K-3 you have to file the I-130 first, you have to wait until that is approved before you file for the AOS, and yes you do have the option of going back to home country and coming back on the immigrant visa, OR staying in US and file the AOS.

cindyabs

The K3 is just an interim NONimmigrant visa granted while you await approval of the 130. Depending on how long the appropriate SC is taking to approve the 130 (and YES it can take longer than 2 years, witness TSC at up to 33 months...), will be whether or not you need to get the K3, good for 2 years renewed. I believe that renewal procedures are supposed to be done 3 months or 4 months prior to the K3 expiration date.

berga

Thank you for the replies!

I just wonder if there is a way
to get my I-130 thru without going to
Sweden again. It sure would be
better to do all the rest of the work
in the States?
/Daniel

cindyabs

Well depends. I was wondering that myself in another thread. Since in my case TSC is taking so long and apparently for the most part there is no hard and fast rule about the local offices willing to let you apply for AOS without an approved 130. Apparently some will and some won't. My concern is that my SC is taking so long (see above prior reply). Rete suggested that we do the interview for the 130 back in London and then come here all done. For us that is a possibility. However, in light of MSC getting to share the wealth of some of the slower SCs in processing 130s this may not be necessary.

jeffreyhy

Candice,

I know many people who have successfully filed their I-485 application along with a copy of their NOA #1 for the I-130, without problem. So, it would appear that you are correct - it depends on which local office you file at.

I can understand different procedures (such as file in person v. file by mail) at different offices depending on local circumstances, but it is scary that different offices could have different policies on such substantive issues as whether the I-130 has been approved or not before they will accept an I-485 application.

If I were faced with the situation as you describe it in Denver, I think I'd be inclined to pursue the issue at a higher level within the BCIS.

Regards, JEff