1-130,1-129F and AOS

[Desire019 0]

Ok I thought I had it figured out but guess I was wrong... Lets say my I-130 and I-129F get approved at the same time.. Do we still have to apply for AOS? Or is AOS only needed if my petition for the I-129F gets approved before the 1-130 and my husband comes on a K3 visa only? Please help!

[payxibka 10,045]

Ok I thought I had it figured out but guess I was wrong... Lets say my I-130 and I-129F get approved at the same time.. Do we still have to apply for AOS? Or is AOS only needed if my petition for the I-129F gets approved before the 1-130 and my husband comes on a K3 visa only? Please help!

Does not matter so much which petition gets approved first, what matters is what visa is ultimately issued.

If the arrive on an immigrant visa no AOS

If they arrive on a K visa then AOS

Edited August 22, 2008 by fwaguy

[Desire019 0]

Ok I thought I had it figured out but guess I was wrong... Lets say my I-130 and I-129F get approved at the same time.. Do we still have to apply for AOS? Or is AOS only needed if my petition for the I-129F gets approved before the 1-130 and my husband comes on a K3 visa only? Please help!

Does not matter so much which petition gets approved first, what matters is what visa is ultimately issued.

If the arrive on an immigrant visa no AOS

If they arrive on a K visa then AOS

What if he arrived on a K3 visa and than return to his country for the I-130 approval?

[YuAndDan 153]

AOS is only needed if you enter the USA on a K-3 visa, if you keep the I-130 moving through NVC and on to the consulate before K-3 interview, the consulate will drop the K-3 in favor of the CR-1 (I-130).

If you enter the USA on CR-1 visa, then NO AOS needed. CR-1 has the advantage of GREEN-CARD on entry to the USA, and can imediatly take a JOB, get SSN, and apply for a driver's licenence after getting SSN. K-3 CANNOT take a JOB, get SSN, or apply for driver's license until after getting EAD or Green-card. EAD can take 90 days or more.

CR-1 saves $$$

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

AOS: $1010

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

[payxibka 10,045]

Ok I thought I had it figured out but guess I was wrong... Lets say my I-130 and I-129F get approved at the same time.. Do we still have to apply for AOS? Or is AOS only needed if my petition for the I-129F gets approved before the 1-130 and my husband comes on a K3 visa only? Please help!

Does not matter so much which petition gets approved first, what matters is what visa is ultimately issued.

If the arrive on an immigrant visa no AOS

If they arrive on a K visa then AOS

What if he arrived on a K3 visa and than return to his country for the I-130 approval?

You can do it but I could never understand why someone would want to...

[YuAndDan 153]

What if he arrived on a K3 visa and than return to his country for the I-130 approval?

This is an option for K-3, however you may have to instruct USCIS that you want counselor processing.

[payxibka 10,045]

What if he arrived on a K3 visa and than return to his country for the I-130 approval?

This is an option for K-3, however you may have to instruct USCIS that you want counselor processing.

consular not counselor

[Desire019 0]

What if he arrived on a K3 visa and than return to his country for the I-130 approval?

This is an option for K-3, however you may have to instruct USCIS that you want counselor processing.

consular not counselor

So if he gets here on a K visa, how long before we can apply for AOS?

[Urge To Race 2]

As soon as he gets here. Or as soon as you can get the paperwork done afterwards (like getting the vaccination supplment).

What if he arrived on a K3 visa and than return to his country for the I-130 approval?

This is an option for K-3, however you may have to instruct USCIS that you want counselor processing.

consular not counselor

So if he gets here on a K visa, how long before we can apply for AOS?