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K3/K4 AOS - Married 2 years - Louisville

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K3/K4 AOS - Married 2 years - Louisville

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Old Aug 8th 2003, 4:30 am
  #1  
nat
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Default K3/K4 AOS - Married 2 years - Louisville

Having arrived in US, now on for the next steps. From what I gather, I must apply for EAD, then SSN, then AOS. I have some questions which hopefully may be answered:-

Does my son (9) have to apply for EAD also?

It appears that when apply for AOS the status is conditional for a period of 2 years. However, we will be married 2 years 1.1.04 so I wonder if it is better to wait until after that date to apply for AOS in order for the status not to be conditional (and therefore eliminating the later step of having to apply to remove the conditional status). Our medicals were in May 2003 so I would also be able to avoid a second medical if we apply within the first few months of 2004.

Also, does anyone know if Louisville accepts AOS applications with I130 notice of actions only? Our I130 were submitted in 2002 and there is currently a 3 year estimation (Texas service centre) so there is a good chance that our K3/K4 visas will actually expire before the I130 approval even. I read somewhere that you can only apply to renew your K3/K4 if you have applied for AOS.

Any advice would be greatly appreciated.

Finally, information for anyone this may apply to. My K3 was through Dublin, Ireland. Having read a link to BCIS from their website, it clearly states that anyone competent in the foreign language may do the translation and certify it themselves (which I did with my birth certificate). This is NOT acceptable at the Embassy in Dublin and you MUST supply a document translated by an independent body/company (not yourself or family). Because of this, on my original interview date, visa was not issued.
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Old Aug 8th 2003, 9:20 am
  #2  
Trashy Girl
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Default Re: K3/K4 AOS - Married 2 years - Louisville

In article <[email protected]>,
nat <[email protected]> wrote:

    > Does my son (9) have to apply for EAD also?
    >
No, in fact they probably would not issue him one anyway, since he is
not old enough to work.
    >
    > It appears that when apply for AOS the status is conditional for a
    > period of 2 years. However, we will be married 2 years 1.1.04 so I
    > wonder if it is better to wait until after that date to apply for AOS in
    > order for the status not to be conditional (and therefore eliminating
    > the later step of having to apply to remove the conditional status).
    > Our medicals were in May 2003 so I would also be able to avoid a second
    > medical if we apply within the first few months of 2004.
    >
Apply as soon as possible. The 2-year married rule only applies at the
time you are called for the AOS interview, which probably won't be until
after you are married two years. Last time I checked, they were running
around one year for AOS adjucations at this office, but it can vary
somewhat.
    >
    > Also, does anyone know if Louisville accepts AOS applications with I130
    > notice of actions only? Our I130 were submitted in 2002 and there is
    > currently a 3 year estimation (Texas service centre) so there is a good
    > chance that our K3/K4 visas will actually expire before the I130
    > approval even. I read somewhere that you can only apply to renew your
    > K3/K4 if you have applied for AOS.

You can apply to renew the K3/K4, but you can also apply for AOS with
just the filing acknowledgement from the service center, and I would do
that, frankly. They probably will not do the AOS until the I-130 is
approved, however...which won't hurt you since you are wanting to be
married two years by that time anyway.

By the way, last time I heard, you can file in person at this office,
and that would be a good idea. That way you can get your questions
answered right on the spot by someone who actually KNOWS what they want
and will accept, plus you can be sure that everything is in order for
them, thus avoiding unnecessary delays. Arrive at 7:00 a.m. and be
prepared to spend at least half a day if you do this. The building will
open before the INS office opens, but they used to let you sign in to
get your name in the pot before they actually opened the office. Worth a
try.

bottom line: apply for AOs now, and forget the EAD for the kiddo.
Read this page to learn more about your INS office:
http://www.immigration.gov/graphics/...le/aboutus.htm

The above is merely my non-legal uneducated opinion and should not be
construed in any way to be immigration advice or instruction.
--
Trashy Girl
 
Old Aug 8th 2003, 11:12 am
  #3  
Sfm
Guest
 
Posts: n/a
Default Re: K3/K4 AOS - Married 2 years - Louisville

nat <[email protected]> wrote in message news:<[email protected]>...
    > Having arrived in US, now on for the next steps. From what I gather, I
    > must apply for EAD, then SSN, then AOS. I have some questions which
    > hopefully may be answered:-
    >
    >
    >
    > Does my son (9) have to apply for EAD also?
    >
    >
    >
    > It appears that when apply for AOS the status is conditional for a
    > period of 2 years. However, we will be married 2 years 1.1.04 so I
    > wonder if it is better to wait until after that date to apply for AOS in
    > order for the status not to be conditional (and therefore eliminating
    > the later step of having to apply to remove the conditional status).
    > Our medicals were in May 2003 so I would also be able to avoid a second
    > medical if we apply within the first few months of 2004.
    >
    >
    >
    > Also, does anyone know if Louisville accepts AOS applications with I130
    > notice of actions only? Our I130 were submitted in 2002 and there is
    > currently a 3 year estimation (Texas service centre) so there is a good
    > chance that our K3/K4 visas will actually expire before the I130
    > approval even. I read somewhere that you can only apply to renew your
    > K3/K4 if you have applied for AOS.
    >
    >
    >
    > Any advice would be greatly appreciated.
    >
    >
    >
    > Finally, information for anyone this may apply to. My K3 was through
    > Dublin, Ireland. Having read a link to BCIS from their website, it
    > clearly states that anyone competent in the foreign language may do the
    > translation and certify it themselves (which I did with my birth
    > certificate). This is NOT acceptable at the Embassy in Dublin and you
    > MUST supply a document translated by an independent body/company (not
    > yourself or family). Because of this, on my original interview date,
    > visa was not issued.


Thats what we did. We waited until we were 1 year 10 months married
before we applied for AOS - so that when BCIS got around to the AOS
interview, it would be over 2 years married and hence NO 2 year
conditional green card.

Our timeline:

Got married - Jan 2001
filed I-130 - April 2001
filed K-3 petiton - Sept 2001
K-3 petition approved by - November 2001
Wife got K-3 Visa in Moscow April 2002
I-130 approved - April 2002
Filed EAD - July 2002
Got EAD card - October 2002
Filed AOS - December 2002
AOS interview - may 2003
BCIS lost medical (sealed brown envelope) had to REDO medical
AOS approval - June 2003
Green card arrived - July 2003

Just a note:

** Save your $$$$ and dont apply for EAD unless the job market in your
area is not sufferering from Bushonomics.

** Wait until a few months before your second wedding anniversary
before applying for AOS - that way the interview will most certainly
take place after your 2 years of marriage and you won't have to HASSLE
with the 2 year conditional green card.
 

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