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Filing form I-485 - Question on part 2

Filing form I-485 - Question on part 2

Old Dec 31st 2001, 2:38 pm
  #1  
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khabibiuf is an unknown quantity at this point
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Hi,

My wife recently came to the United States on the K3 visa (spouse of US citizen-nonimmigrant visa). We are currently filling out form I-485 to asjust her status to an immigrant. Which box do I need to check off on part 2 of the i-485 form. There is no category for k3 visa.

Thanks for the help

- khabibiuf
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Old Dec 31st 2001, 8:58 pm
  #2  
Ben Johnson
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That does not make any sense.......... you have a pending I-130....and you can file a
I-485 ??????

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Old Dec 31st 2001, 9:16 pm
  #3  
Alvena Ferreira
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[usenetquote2]> > My wife recently came to the United States on the K3 visa (spouse of US[/usenetquote2]
[usenetquote2]> > citizen-nonimmigrant visa). We are currently filling out form I-485 to asjust her[/usenetquote2]
[usenetquote2]> > status to an immigrant. Which box do I need to check off on part 2 of the i-485[/usenetquote2]
[usenetquote2]> > form. There is no category for k3 visa.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
Ben Johnson wrote:
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Yep, sho' nuff. Read the INS posting to the Federal Register, and you will see that
it is so: http://k1.exit.com/fedreg.html US citizens' spouse's can file I-485 if they
have a notice of receipt from an I-130 that has been filed, they do not have to have
the approval in order to do this for spouse that is already in the US. BTW, original
poster should write in that it is a K-3, and indicate option (a): an immediate
relative petition is immediately available. 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,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 
Old Dec 31st 2001, 11:01 pm
  #4  
Ben Johnson
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Alvena,

I have seen that document, and in more than one place there is a statement similar to
" Once in the United States, those in K-3 or K-4 status may file for adjustment of
status at any time following the approval of their Form I-130 petition as immediate
relatives of U.S. citizens, and most will do so very quickly after such approval"

I inferred from that....that one needs to have the 130 approved prior to
filing the 485.

Where does it state that pending a 130 approval, one can file the
485....other than the following from section III A, which does not refer to K-3/K-4
receipients.."The Service notes, however, that neither of these prohibitions
will affect the ability of alien spouses and children of U.S. citizens in the
United States to remain. A United States citizen's spouse and children remain
eligible to file for permanent residency at any time if the petitioner files
Form I-130, and the beneficiary files Form I-485, Application for Adjustment to
Permanent Residence. While these are pending, the spouse of the U.S. citizen and
his or her child may remain in the United States without accruing unlawful
presence, and may obtain work authorization and permission to travel outside the
United States and return.

Ben


[usenetquote2]> > > My wife recently came to the United States on the K3 visa (spouse of[/usenetquote2]
US
[usenetquote2]> > > citizen-nonimmigrant visa). We are currently filling out form I-485 to asjust[/usenetquote2]
[usenetquote2]> > > her status to an immigrant. Which box do I need to check off on part 2 of the[/usenetquote2]
[usenetquote2]> > > i-485 form. There is no category for k3 visa.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
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[usenetquote2]> > That does not make any sense.......... you have a pending I-130....and[/usenetquote2]
you
[usenetquote2]> > can file a I-485 ??????[/usenetquote2]
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Old Dec 31st 2001, 11:37 pm
  #5  
Ben Johnson
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Posts: n/a
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I can see there is some confusion in the verbage of that document (the register) and
the ammended law....

Law :
12. Section 245.1 is amended by revising paragraph (c)(6), and by adding a new
paragraph (i), to read as follows: Sec. 245.1 Eligibility.* * * * *
(i) Adjustment of status from K-3/K-4 status. An alien admitted to the United States
as a K-3 under section 101(a)(15)(K)(ii) of the Act may apply for adjustment of
status to that of a permanent resident pursuant to section 245 of the Act at any
time following the approval of the Form I-130 petition filed on the alien's
behalf, by the same citizen who petitioned for the alien's K-3 status.

Verbage from Register posting....
IV. Adjusting Status From K-3/K-4 to Permanent Resident

As previously stated, the Service expects most K-3/K-4 aliens to quickly file for
adjustment of status following admission to the United States. Those admitted as
K-3/K-4 aliens do not have to wait for a visa number to become current and may apply
for adjustment at any time following the filing of the Form I-130 petition (or both
may be filed concurrently for the K-4).

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to
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pending,
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[usenetquote2]> > > > My wife recently came to the United States on the K3 visa (spouse of[/usenetquote2]
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[usenetquote2]> > > > citizen-nonimmigrant visa). We are currently filling out form I-485[/usenetquote2]
to
[usenetquote2]> > > > asjust her status to an immigrant. Which box do I need to check off[/usenetquote2]
on
[usenetquote2]> > > > part 2 of the i-485 form. There is no category for k3 visa.[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > Ben Johnson wrote:[/usenetquote2]
[usenetquote2]> > > That does not make any sense.......... you have a pending I-130....and[/usenetquote2]
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[usenetquote2]> > > can file a I-485 ??????[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Yep, sho' nuff. Read the INS posting to the Federal Register, and you will see[/usenetquote2]
[usenetquote2]> > that it is so: http://k1.exit.com/fedreg.html US citizens' spouse's can file[/usenetquote2]
[usenetquote2]> > I-485 if they have a notice of receipt from an I-130 that has been filed, they do[/usenetquote2]
[usenetquote2]> > not have to have the approval in order to do this for spouse that is already in[/usenetquote2]
[usenetquote2]> > the US. BTW, original poster should write in that it is a K-3, and indicate[/usenetquote2]
[usenetquote2]> > option (a): an immediate relative petition is immediately available. Alvena[/usenetquote2]
[usenetquote2]> > -----------------------[/usenetquote2]
[usenetquote2]> > Doc Steen Site: http://www.mindspring.com/~docsteen/visainfo/visainfo.htm[/usenetquote2]
[usenetquote2]> > =========================================[/usenetquote2]
[usenetquote2]> > I am not a lawyer and this is not immigration advice. This is my personal[/usenetquote2]
[usenetquote2]> > opinion, posted for the purpose of discussion only. Locate an immigration[/usenetquote2]
[usenetquote2]> > attorney in your area at: http://www.aila.org[/usenetquote2]
[usenetquote2]> > =========================================[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Jan 1st 2002, 5:59 am
  #6  
Alvena Ferreira
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Posts: n/a
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Ben Johnson wrote:
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See the instructions on the INS site for filing of the I-485, and note that they do
not require approved I-130 in order to file:
http://www.ins.usdoj.gov/graphics/fo...orms/i-485.htm
---
"If you are the immediate relative (spouse, parent or unmarried child under 21 years
old) of a U.S. citizen, submit the following forms: I-485, Application to Register
Permanent Residence or to Adjust Status G-325A, Biographic Information
==>>> Either your original I-130, Petition for Alien Relative (if you
are filing concurrently), OR a copy of your I-130 (if the original petition has been
submitted but is NOT yet processed), OR a copy of your I-797, Notice of Action (if
the petition was already approved). I-864, Affidavit of Support I-693, Medical
Examination of Aliens Seeking Adjustment of Status All required supporting
documentation as listed on the above forms.
---
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,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 
Old Jan 1st 2002, 3:10 pm
  #7  
Ben Johnson
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Posts: n/a
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Alvena,

Those instructions are not referring to K-3 recepients (granted they do not exclude
them...but then again...that form and instructions pre date the implentation of the
K-3).......the ammended law (section 245 referring to adjustment of status) is
crystal clear on the matter and mentions K-3s specifically and in doing so states
"following the approval of an I-130"

Has anyone successfully AOS'ed from a K-3 on a not yet approved I-130 ?

I do not care one way or the other.... I just would not want to see people sending
the INS checks for filing forms they are not yet eligible to file.

Ben

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[usenetquote2]> > I can see there is some confusion in the verbage of that document (the register)[/usenetquote2]
[usenetquote2]> > and the ammended law....[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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Old Jan 1st 2002, 4:02 pm
  #8  
Michael D. Young
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Posts: n/a
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Ben Johnson wrote:

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Hi All!

Does this help?

http://www.ins.usdoj.gov/graphics/pu...life081401.htm

Applying for Immigrant Status

The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain
immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form
I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must
have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent
and must file a Form I-485. K-3/4 non-immigrants will become lawful permanent
residents and receive their Green Card when both the Form I-130 petition and their
Form I-485 application have been approved.

K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment
of status and may wait in the United States until they must appear at the consulate
for their visa interview.

Take care,

Mike
 
Old Jan 1st 2002, 4:20 pm
  #9  
Alvena Ferreira
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Posts: n/a
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Ben Johnson wrote:
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Ben, they can file, they just won't be adjusted until the I-130 is fully approved.

Read this page: http://frwebgate.access.gpo.gov/cgi-...me=2001_regis-
ter&docid=fr14au01-1 Where it says: "As previously stated, the Service expects most
K-3/K-4 aliens to quickly file for adjustment of status following admission to the
United States. Those admitted as K-3/K-4 aliens do NOT have to wait for a visa number
to become current and may apply for adjustment AT ANY TIME following the filing of
the Form I-130 petition (or both may be filed concurrently for the K-4)."

What part of that do you not understand?

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,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 
Old Jan 1st 2002, 5:00 pm
  #10  
Ben Johnson
Guest
 
Posts: n/a
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That really does not address the issue of timing of the filing for the 485 with
respect to the status of the 130. Also, this is a news release, not regulation or
procedures.

Since the actual regulation on the matter (ammended section 245.1 of the 8 CFR) is
quite readable and clear, why not just acquiesce to it ?

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[usenetquote2]> > Alvena,[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Those instructions are not referring to K-3 recepients (granted they do[/usenetquote2]
not
[usenetquote2]> > exclude them...but then again...that form and instructions pre date the[/usenetquote2]
[usenetquote2]> > implentation of the K-3).......the ammended law (section 245 referring[/usenetquote2]
to
[usenetquote2]> > adjustment of status) is crystal clear on the matter and mentions K-3s[/usenetquote2]
[usenetquote2]> > specifically and in doing so states "following the approval of an I-130"[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Has anyone successfully AOS'ed from a K-3 on a not yet approved I-130 ?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > I do not care one way or the other.... I just would not want to see[/usenetquote2]
people
[usenetquote2]> > sending the INS checks for filing forms they are not yet eligible to[/usenetquote2]
file.
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > Ben[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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appear
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Old Jan 1st 2002, 5:19 pm
  #11  
Ben Johnson
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Posts: n/a
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In that very document... in one or two other instances it states "may be filed
following approval"

In addition to that, the ammended LAW stated in that document ...(which is the
governing authority for the document in the first place) not the register
itself....states "following approval"

As for the paragraph you mention....... it conflicts with the "previously stated"
paragraph (under extension of status) which reads "The Service expects that this
requirement will have no impact on the majority of aliens entering as K-3 or K-4
nonimmigrants. Once in the United States, those in K-3 or K-4 status may file for
adjustment of status at any time following the approval of their Form I-130 "

Also, that paragraph is not defining a procedure, citing a regulation or anything of
the sort. That is done clearly in the regulations at the bottom of the document.


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d=fr14au01-1
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Old Jan 1st 2002, 9:25 pm
  #12  
Alvena Ferreira
Guest
 
Posts: n/a
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Ben Johnson wrote: Well, Ben, I cannot convince you, but let me say this:

I'm willing to betcha a dollar to a doughnut that the K-3 can file for AOS as soon as
he/she hits the door of the US. I'm confident enough about it, that I'm gonna be
cocky and state unequivocably that one CAN do it. Obviously I don't have proof enough
for you, but I have proof enough for me.

I am basing this partially on known history that one can file a I-485 when the I-130
approval is not yet received, reference this old newsgroup post where a couple filed
at Memphis with only the notice of action from a I-130 that had been filed with the
service center and then filed AOS at Memphis with that notice of action:
http://groups.google.com/groups?hl=e....supernews.com

I base the rest of it on the precise instructions on the I-485 form itself, which
plainly state you can do so.

You are, of course, allowed to believe whatever you want. Anyone who has
questions should contact his or her local INS office for directives, or an
immigration attorney.

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,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 
Old Jan 2nd 2002, 1:33 pm
  #13  
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Joined: Dec 2001
Posts: 213
khabibiuf is an unknown quantity at this point
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Back to the original question...

So I should choose option "a)" on the i-485 form?

option a) says...
"an immigrant petition giving me an immediately available immigrant visa number has been approved"

An immigrant petition has not been approved yet in my case (i-130). The k3 is "non-immigrant"??? So i don't think i could choose this answer.

also... box "a)" doesn't have a write in option available.

???

Thanks,

- khabibiuf
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Old Jan 2nd 2002, 3:34 pm
  #14  
Alvena Ferreira
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khabibiuf wrote:
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OK, you are gonna have to write/cram something similar to this somewhere in that
section near the checkboxes: "K-3, I-130 approval pending"

that should do it. Bear in mind, you won't get adjusted until the I-130 is approved,
however that should not be too terribly long. This at least gets your number in the
stack. 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,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 
Old Jan 2nd 2002, 5:17 pm
  #15  
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Posts: 213
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Do I need to notify INS/service center that my wife got the k3 visa? I think they will try to send the visa for the i-130 to the consulate abroad. How do I notify them? Do I just write a letter to the service center where I sent the I-130?

Thanks,

- khabibiuf
khabibiuf is offline  

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