Have K-3 interview, now I-130 NOA arrived

[Jayman007 0]

Well, after the long wait, my wife finally received her K-3 interview date at the US Embassy in Thailand. It is scheduled for 0700 on July 18. Just a few days ago, I received an email notification from the USCIS that her I-130 has been approved.

Now the question is, what should we do? We can either go forward with the K-3 interview and then file for AOS once we get to the US, or we can wait till the I-130 approval makes it to the Embassy here in Thailand and for them to send her another packet 3 and then wait some more for the CR-1 Visa interview.

I'm not sure what the best route here is. I was hoping to take her back to the US with me in the middle of August. I'm kinda worried that if we go with the CR-1, she won't get final approval by then.

If we just stick with the K-3 (which seems like the best route), how much extra work/money are we looking at in the long run? I wrote the embassy and they said the choice is ours. They didn't give me any other time frame other than to say they don't have her NOA for the I-130 yet and it usually takes several weeks.

Any and all input on this matter would be greatly appreciated. If we do end up going with the CR-1 visa, I won't cancel her K-3 interview till the last possible moment.

[JRluvsLhyn 0]

Well, after the long wait, my wife finally received her K-3 interview date at the US Embassy in Thailand. It is scheduled for 0700 on July 18. Just a few days ago, I received an email notification from the USCIS that her I-130 has been approved.

Now the question is, what should we do? We can either go forward with the K-3 interview and then file for AOS once we get to the US, or we can wait till the I-130 approval makes it to the Embassy here in Thailand and for them to send her another packet 3 and then wait some more for the CR-1 Visa interview.

I'm not sure what the best route here is. I was hoping to take her back to the US with me in the middle of August. I'm kinda worried that if we go with the CR-1, she won't get final approval by then.

If we just stick with the K-3 (which seems like the best route), how much extra work/money are we looking at in the long run? I wrote the embassy and they said the choice is ours. They didn't give me any other time frame other than to say they don't have her NOA for the I-130 yet and it usually takes several weeks.

Any and all input on this matter would be greatly appreciated. If we do end up going with the CR-1 visa, I won't cancel her K-3 interview till the last possible moment.

It is true that it is your choice iether you go on with the K3 which is already almost done or proceed with CR1 which don't know how long would it take? "Note" she can still come over to U.S. with her K3 and still proceed with CR1 process but she would have to return to her country during her CR1 interview and come back to U.S. as LPR or she can also stay with K3 and apply her AOS (cost $325 + $70 Biometric fee) and if she wanted to work before AOS approve you also have to file EAD (I-765) (cost $180 +$70) but if you have to file this at the same time AOS & EAD, you only have to pay $70 biometric for both. Good luck!

[Jayman007 0]

It is true that it is your choice iether you go on with the K3 which is already almost done or proceed with CR1 which don't know how long would it take? "Note" she can still come over to U.S. with her K3 and still proceed with CR1 process but she would have to return to her country during her CR1 interview and come back to U.S. as LPR or she can also stay with K3 and apply her AOS (cost $325 + $70 Biometric fee) and if she wanted to work before AOS approve you also have to file EAD (I-765) (cost $180 +$70) but if you have to file this at the same time AOS & EAD, you only have to pay $70 biometric for both. Good luck!

So, lets say we continue and get the K-3. She comes to the US and wants to start working. Does she have to file a EAD(I-175) or AOS first? Since the I-130 is approved we could technically file them both at the same time right? I was kinda hoping to wait till next April which is our 2 year anniversary. Won't that make things easier then?

Also, do we have to file for AOS if she wants to go back for the CR-1 interview in Thailand? We are back and forth several times a year anyways.

Just trying to figure out what all the options are here. I don't want to go making any quick decisions that we are going to regret later.

[JRluvsLhyn 0]

1.If you enter U.S on a K3 and want to work Yes you have to file for EAD in order to get SSN & be able to work.

2. You can iether file EAD & AOS at the same time that is if she will be adjusting her status in the U.S. or

you can file EAD only if you wish to continue and pursue with CR1

3. once your I-130 reach the NVC, they will authomatically send you a packet for IR1/CR1 (your choice) if you pursue this case you'll going to fill it out and send it back with the required payment.

4. No! you don't need to file AOS if you pursue the IR1/CR1

Edited July 13, 2006 by JRluvsLhyn

[Isabel 0]

also realize that a CR1 case processed through the NVC takes about 2 -3 months. And then you have to wait for the interview again.

Just to throw it in

I

[Jayman007 0]

also realize that a CR1 case processed through the NVC takes about 2 -3 months. And then you have to wait for the interview again.

Just to throw it in

I

So is the general consensus that we should just go with the K-3. File for EAD is the US "if" she does end up working. Then after 8 months (and our 2 year anniversary), while all her medical paperwork is still valid, file for AOS. Does this sound like a smart way to go? I realize we would have to pay the biometric fee twice but doesn't it seem better to wait to file for AOS until we have been married for 2 years that way she gets LPR and not temporary LPR.

All comments and opinions are welcomed and appreciated.

[Yodrak 7]

Jayman,

Perhaps - as long as nothing unfortunate happens to you during the extra time spent waiting, and she'd want to go back to Thailand if it does.

And she's in no rush to become a US citizen.

And she doesn't change her mind on either of these things, since once time is lost it cannot be re-gained.

Yodrak

... doesn't it seem better to wait to file for AOS until we have been married for 2 years that way she gets LPR and not temporary LPR.

...

Edited July 13, 2006 by Yodrak

[Jayman007 0]

Jayman,

Perhaps - as long as nothing unfortunate happens to you during the extra time spent waiting, and she'd want to go back to Thailand if it does.

And she's in no rush to become a US citizen.

And she doesn't change her mind on either of these things, since once time is lost it cannot be re-gained.

Yodrak

... doesn't it seem better to wait to file for AOS until we have been married for 2 years that way she gets LPR and not temporary LPR.

...

Why would that matter is we wanted to go back to Thailand before filing for AOS? From what I understand, the K-3 is a 2 year multiple entry visa and does NOT require advanced parole. Is this not correct?

Edited July 13, 2006 by Jayman007

[Yodrak 7]

Jayman,

Read my post again. I never used the word 'we'.

Yodrak

Jayman,

Perhaps - as long as nothing unfortunate happens to you during the extra time spent waiting, and she'd want to go back to Thailand if it does.

And she's in no rush to become a US citizen.

And she doesn't change her mind on either of these things, since once time is lost it cannot be re-gained.

Yodrak

... doesn't it seem better to wait to file for AOS until we have been married for 2 years that way she gets LPR and not temporary LPR.

...

Why would that matter is we wanted to go back to Thailand before filing for AOS? From what I understand, the K-3 is a 2 year multiple entry visa and does NOT require advanced parole. Is this not correct?

[Jayman007 0]

Sorry, but I don't see the difference if "we" go back or "she" goes back. Does that make a difference on her re-entry to the US on a valid K-3 visa? If so, please explain.

Also, I'm reading over the AOS info and it seems her LPR is only conditional if the green card is issued before the 2 year anniversary. So if we filed for the AOS several months before our 2-year anniversary, the card would probably not be issued till after the anniversary point. It looks like the AOS is running several months minimum.

I'm also concerned about her being able to use her current medical examination paperwork. Will she have to do that all over again when we file the AOS or will the one she just did (June 06) still be valid?

Jayman,

Read my post again. I never used the word 'we'.

Yodrak

Jayman,

Perhaps - as long as nothing unfortunate happens to you during the extra time spent waiting, and she'd want to go back to Thailand if it does.

And she's in no rush to become a US citizen.

And she doesn't change her mind on either of these things, since once time is lost it cannot be re-gained.

Yodrak