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Where do K3's file I-485's???

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Where do K3's file I-485's???

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Old May 20th 2002, 6:20 pm
  #1  
Me
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Default Where do K3's file I-485's???

Hello All,

On another NG that I go to they are having a tiff about where K-3's file I-485 AOS.
Some are saying that you send it to Chicago PO Box and others are saying that it is
not part of the Life Act so it should be filed at your local INS office. What is
the deal?? Does anyone know where you file it? I will be needing to file my AOS
soon, but now I am so confused about where I file it. Also where does one file EAD?
Chicago PO or Local office???

Thank you in advance for any information Me
 
Old May 21st 2002, 3:20 am
  #2  
Mark Fuller
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Default Re: Where do K3's file I-485's???

Alvena Ferreira <[email protected]> wrote in message
news:<[email protected]>...
    > The K-3 is in valid status for 2 years on a multiple re-entry visa. The K-3 can
    > file to Chicago for only a work permit, if he/she does not want to AOS at that
    > time. However, when filing AOS, he/she should file to the local INS office (unless
    > you are in Baltimore area, in which case you would file to Vermont service center).

I've heard another point of confusion: whether you must file another I-130 if you
choose to file AOS prior to the first I-130 being approved. The way it was
explained to me is that technically your AOS is tied to the I-130 filed
prerequisite to the I-129F. If you file EAD, you file by mail to Chicago. However,
you can file for AOS sooner (and file for the EAD at the same time, locally) but it
requires another I-130.

The Federal Register says the AOS is filed after approval of the I-130. But, at
another point it says the INS expects K3/K4 beneficiaries will file for AOS soon
after arriving in the U.S.

Have you heard that it works this way?

Mark
 
Old May 21st 2002, 3:35 am
  #3  
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Joined: Dec 2001
Posts: 213
khabibiuf is an unknown quantity at this point
Default Re: Where do K3's file I-485's???

My wife sent in her AOS application last week even though her I-130 is still pending. We were also going through this confusion and have also heard different stories. We didn't want to delay any longer so we sent in the AOS packet. We sent it in to the district office (not the chicago address)

If I hear anything from INS regarding in the meantime I will post on this site.

- khabibiuf
khabibiuf is offline  
Old May 22nd 2002, 12:20 am
  #4  
Alvena Ferreira
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Default Re: Where do K3's file I-485's???

Mark Fuller wrote:
    > I've heard another point of confusion: whether you must file another I-130 if you
    > choose to file AOS prior to the first I-130 being approved. The way it was
    > explained to me is that technically your AOS is tied to the I-130 filed
    > prerequisite to the I-129F. If you file EAD, you file by mail to Chicago. However,
    > you can file for AOS sooner (and file for the EAD at the same time, locally) but it
    > requires another I-130.
    >
    > The Federal Register says the AOS is filed after approval of the I-130. But, at
    > another point it says the INS expects K3/K4 beneficiaries will file for AOS soon
    > after arriving in the U.S.
    >
What one can do, I think, is file the AOS with a copy of the notica of receipt from
the I-130 that has already been filed. The INS will not complete the adjustment prior
to the approval of the I-130, however it avoids having to file another I-130 at the
time you file AOS.

Alvena

Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
gleaned from the previous postings of others, and posted for the purpose of
discussion only. If your case is complicated, then you may need an immigration
attorney. Locate an immigration attorney in your area at: http://www.aila.org
=========================================
 

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