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-   -   dropping the I-130 (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/dropping-i-130-a-264042/)

warpedbored Nov 3rd 2004 6:16 am
dropping the I-130
 
I have a friend who's wife is here on a K-3 visa. They got an RFE from Nebraska Service Center on their I-130 but it is my understanding that they can drop the I-130 and adjust her status on the K-3 visa. AOS is much easier and faster here in Portland Oregon anyway. Since my wife was K-1 I am not able to answer him with any confidence that I am correct.

Folinskyinla Nov 3rd 2004 10:03 am
Re: dropping the I-130
 
Originally Posted by warpedbored
I have a friend who's wife is here on a K-3 visa. They got an RFE from Nebraska Service Center on their I-130 but it is my understanding that they can drop the I-130 and adjust her status on the K-3 visa. AOS is much easier and faster here in Portland Oregon anyway. Since my wife was K-1 I am not able to answer him with any confidence that I am correct.
Hi:

Wrong. Can only adjust on the I-130. Period. Or an I-360, but I somehow doubt your friend is interested in that. Is his wife?

johnandrose Nov 3rd 2004 12:44 pm
Re: dropping the I-130
 
Originally Posted by warpedbored
I have a friend who's wife is here on a K-3 visa. They got an RFE from Nebraska Service Center on their I-130 but it is my understanding that they can drop the I-130 and adjust her status on the K-3 visa. AOS is much easier and faster here in Portland Oregon anyway. Since my wife was K-1 I am not able to answer him with any confidence that I am correct.
Tell your friend not to try anything to "drop" the I-130. If he reads the AOS application (I-485), he'll notice that the I-130 approval notice is one of the requirements for AOS application. So, he should send whatever is asked on the RFE and continue to wait for the I-130 approval. Once he gets the I-130 approval notice, his wife can file for AOS.

cindyabs Nov 3rd 2004 2:03 pm
Re: dropping the I-130
 
Originally Posted by warpedbored
I have a friend who's wife is here on a K-3 visa. They got an RFE from Nebraska Service Center on their I-130 but it is my understanding that they can drop the I-130 and adjust her status on the K-3 visa. AOS is much easier and faster here in Portland Oregon anyway. Since my wife was K-1 I am not able to answer him with any confidence that I am correct.

Think of the 130 as the foundation of the whole process, without it the process doesn't progress.........

Megan Nov 3rd 2004 3:35 pm
Re: dropping the I-130
 
Originally Posted by johnandrose
Tell your friend not to try anything to "drop" the I-130. If he reads the AOS application (I-485), he'll notice that the I-130 approval notice is one of the requirements for AOS application. So, he should send whatever is asked on the RFE and continue to wait for the I-130 approval. Once he gets the I-130 approval notice, his wife can file for AOS.

Some states allow petitioners to file for AOS before the I-130 is approved...


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