K3 Mess
 

Hi there, became knowledgable about the k1, as that's what we did, but I have a friend going through k3 and thought i could ask you a few questions.

here's the situation. they married in denmark, filed the 130 and it's approved, filed the 129f to vermont 14 June, somehow he's in the country now on VWP which is up on 28 August. New baby here in the US. she filed 765 through Chicago (don't ask me why) and he was fingerprinted 7 July here in DC and told they would mail him his EAD.

He has a job offer here, but they won't sponsor him on a work visa. Any ideas how he can stay here and be legal and legal to work relatively soon. Any ideas would help.

Thanks

Re: K3 Mess
 

Hey girlflyer:)

He isn't a K3 recipient!! unless.. his I-129 is approved.. he goes to the embassy in his home country, pass the interview and gets it.
If his I-130 is approved.. he can stay in the country, all he has to do is file for AOS!. Did they file the I-130 in the US or abroad?
He can't apply for the EAD if he is under the VWP, he is not entitled to an EAD, how could USCIS tell him his EAD will come in the mail??.
If he says the USCIS are gonna send him an EAD card, why does he need a sponsor??
All he needs is to apply for AOS, it will be adjudicate fairly quick since his I-130 is already approved, heck he could have his green card soon!!

Re: K3 Mess
 

I am not understanding how you say his I-130 is approved and that you are now just after filing his I-129?
Totally lost with what is happening here?
Patrick

Re: K3 Mess
 

I'm confused, too... you say the I-129f was filed in Vermont... but if this was for a K3 visa, the I-129f would have gone to the National Benefits Center (NBC), a Chicago mailing address. The I-130 would have been sent to Vermont, if that is their Service Center, and with the speed of Vermont, it's certainly possible that the I-130 was approved before the I-129f... but if his I-130 is approved and he's here on a VWP, I would think he would want to: not overstay, return to his country to finish consular processing for the IR-1. The IR-1 will allow him to work.

Re: K3 Mess
 

Hey Buendia:)

I don't know what the heck is going on either lol.
If his I-130 is approved, he doesn't have to return to his home country, he can file for AOS!!:)
Why can you be so sure it's an IR-1?, It could be a CR-1?.;)
Take care!!

Re: K3 Mess
 

From reading this post again, the wording would indicate that they had the I-130 filed and approved and then at the later June date only just filed the I-129?
Kinda the cart before the horse??
Patrick

Re: K3 Mess
 

Ahh... good point... But either way, better than a K3 visa...

Re: K3 Mess
 

Way better!!:D:D

Re: K3 Mess
 

Maybe they sent the I-129 to Vermont (wrong place by the way), or they sent it to Chicago.. then MSC/NBC.. and since it is taking forever they got the I-130 approved first. I think the I-130 is the one that was sent to Vermont.. because no service center approves an I-130 faster than them!!
Girlyflyer We need more info!

Re: K3 Mess
 

You have to file the 130 and get an NOA in order to then file the 129 for a K3, so it's not the cart before the horse. However it seems there's some info missing?!

Re: K3 Mess
 

Then all I am doing is showing my K-3 ignorance :)
Patrick

Re: K3 Mess
 

Yes, the 130 has been approved and the 129 is pending. But he is here in the country and wants to know if there's anyway to stay and file something else since the timeline looks like December for it to be approved. So he cannot change his status since he entered under the VWP? What's this CR-1?

Re: K3 Mess
 

If his I-130 is approved, I don't think it matters if the I-129f is not. You may tell them to go consult an immigration attorney to be on the safe side, but I think that technically yes, he could file for AOS as soon as he gets a copy of the NOA letter about the I-130. And when he files AOS he can file for his EAD.

CR-1 or IR-1 would be the visa he would get if he returned to his home country to finish processing for the I-130 (if he didn't file for AOS here). His I-130 may have already been sent to the National Visa Center,and may very well be on it's way to the appropriate Consulate overseas. Then, depending on how busy the consulate is, he could get his I-130 visa approved within the next few weeks/months. Then with this I-130 in his passport, when he enters the US he will be given either an CR-1 (if married less than 2 years) or an IR-1 (married more than 2 years) and there will be no need for him to adjust status because he will automatically be a Perm. Resident and should hopefully receive his green card a few weeks/months after entering the US.

Hope this helps!

PS - And I don't think he has any right to that EAD his wife filed for because technically he is NOT eligible for an EAD without having filed for AOS first, so that EAD probably will be denied (I would think).