K3-I130 was filed prior to oath taking
Feb 22nd 2003, 1:47 am
#1
Guest
Posts: n/a
K3-I130 was filed prior to oath taking
Hi,
My husband filed the I-130 when he was a permanent resident. He had
his oath taking as a US Citizen last Janury 31. Accdg, to our lawyer
he filed the K3 Visa last February 5 but did not file a new I-130. He
will just file it as soon as I arrive in th US. My questions are the
following:
1) You file an I-130 in order to apply for a K3, am I right?
2) If yes, how do we upgrade our old I-130 to a new one, now that my
husband is a Citizen?
Thanks a lot.
My husband filed the I-130 when he was a permanent resident. He had
his oath taking as a US Citizen last Janury 31. Accdg, to our lawyer
he filed the K3 Visa last February 5 but did not file a new I-130. He
will just file it as soon as I arrive in th US. My questions are the
following:
1) You file an I-130 in order to apply for a K3, am I right?
2) If yes, how do we upgrade our old I-130 to a new one, now that my
husband is a Citizen?
Thanks a lot.
Feb 22nd 2003, 7:30 am
#2
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: K3-I130 was filed prior to oath taking
Originally posted by Amend0205
Hi,
My husband filed the I-130 when he was a permanent resident. He had
his oath taking as a US Citizen last Janury 31. Accdg, to our lawyer
he filed the K3 Visa last February 5 but did not file a new I-130. He
will just file it as soon as I arrive in th US. My questions are the
following:
1) You file an I-130 in order to apply for a K3, am I right?
2) If yes, how do we upgrade our old I-130 to a new one, now that my
husband is a Citizen?
Thanks a lot.
Hi,
My husband filed the I-130 when he was a permanent resident. He had
his oath taking as a US Citizen last Janury 31. Accdg, to our lawyer
he filed the K3 Visa last February 5 but did not file a new I-130. He
will just file it as soon as I arrive in th US. My questions are the
following:
1) You file an I-130 in order to apply for a K3, am I right?
2) If yes, how do we upgrade our old I-130 to a new one, now that my
husband is a Citizen?
Thanks a lot.
Hmm, don't trust your lawyer on this one, eh? She happens to be right -- the I-130 was alread "upgraded" as a "matter of law".
There are practical considerations involved in letting the INS know about this for purposes of processing the already filed I-130 -- but there is enough already on file to support the K-3.
BTW, IMHO, if the F-2A I-130 has already been approved, there is no K-3 available -- you have NVC "upgrade" their records and go forward with the Immigrant Visa.
Feb 22nd 2003, 3:23 pm
#3
Forum Regular
Joined: Nov 2002
Location: New York
Posts: 134
ur old I-130 is fine. notice of filing that is all u need for K-3. Yes you do have to send in a copy to NVC if you I-130 is approved, but if it is not approved you need to send in the same thing to the service center where u filed i-130.
