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Does I-130 have to be approved before filing for AOS for K3 visa?

Does I-130 have to be approved before filing for AOS for K3 visa?

Old Feb 4th 2002, 2:26 pm
  #1  
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HI all,

I know this is a complex issue. Do any of you know whether the I-130 petition has to be approved before filing for AOS for a K3 visa. The federal register seems to be contradictory on this. In some parts it says yes and some parts it says no.

Has anyone applied for AOS with a K3 visa?

- Khabibiuf
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Old Feb 4th 2002, 2:34 pm
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Andy Platt
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Technically you need an approved I-130 in order to file for adjustment of status
based on it. However, some INS offices allow you to file with just the NOA. Nothing
has changed for the I-485 form since the K-3 was introduced but I believe it should
be changed to clarify the issue. So, your best bet is to go to the INS office and ask
what their policy is (easier said than done!).

Andy.

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Old Feb 4th 2002, 2:38 pm
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Alvena Ferreira
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khabibiuf wrote:
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You can file for AOS, however just be aware that the AOS won't be approved until the
I-130 is approved. But yes, you can file for it. Technically, the I-485 directions
state that you have to submit a copy of an approved immigrant petition, however if
you have a notice of receipt on the I-130, I'm willing to bet that most any INS
office will take this. The federal register posting from the INS stated that they
would, additionally. 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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Old Feb 4th 2002, 2:41 pm
  #4  
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I would think no. It does not have to be approved when the foreign spouse is within the boundary the US and the I-130 and I-485 is filed together. They are approved concurrently with one another at the time of the AOS interview.

It should be logically to think that when you file the I-485 at the local INS office that the office will notify the SC that an I-485 has been filed and the I-130 will be routed to them for completion of the processing.

But since the K-3 confers all the rights of PR for at least a few years, there isn't really any hurry in filing the I-485 if you are in a fast moving INS location. The K-3'er can work and leave and re-enter the US at will so they are far ahead of the game.

Rita
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