dropping the I-130
#1
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Thread Starter
Joined: Jun 2003
Posts: 38
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.
#2
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Joined: Sep 2002
Posts: 16,266
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.
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?
#3
Forum Regular
Joined: Oct 2004
Posts: 84
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.
#4
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.........
#5
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Joined: Oct 2002
Posts: 101
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...