cisaot

Good morning to everyone,

If someone is approved an I-130 and then also an I-129F (K3) - and is
actually within the USA when his I-129f is approved - can he file an
adjustment of status from within the USA based on his I-130 approval
and abandon the K3?
He came to the USA about three months as a tourist to visit his wife,
planned to go back to pick up K3 but now they are sending him back to
the country of marriage and not his
home country - it will be very inconvenient and very expensive.
Does anyone know why he cannot file AOS in accordance to his approved
I-130?

Thanks,

Noorah101

I don't know the legalities of it, but if they are trying to save money, it won't be inexpensive to file AOS, either.

The stipulations of obtaining a K-3 visa is that the interview must take place in the country where the marriage occurred.

The stipulations of the Immigrant Visa (if they had not filed an I-129F and just gone for the I-130 route alone), would be that he could attend the interview in his home country.

He can always pay an extra fee to cancel the K-3 case, and then continue with the I-130 route, which will enable him to have the interview in his home country.

If he wants to AOS in the USA instead, I highly suggest a consultation with an immigration attorney, to see if this is indeed a viable option for him.

Rene