K3 to AOS

[m_m 0]

Hi,

If 129-F (K3 Visa) and I-130 gets approved at the same time, can beneficiary choose to get K3 and do AOS after arriving in US on K3 visa or beneficiary is required to get Immigrant Visa (IV) based on approved I-130 and disregard I-129F

Thanks in advance

[Der Bücherwurm 1]

Why on earth would you want the K3 visa if you can get the CR-1? The CR1 is about as quick to get and it is less hassle later to deal with.

[payxibka 10,045]

Hi,

If 129-F (K3 Visa) and I-130 gets approved at the same time, can beneficiary choose to get K3 and do AOS after arriving in US on K3 visa or beneficiary is required to get Immigrant Visa (IV) based on approved I-130 and disregard I-129F

Thanks in advance

either, your choice

[edp333 9]

This will depend upon where your approved I-130 petition is sent. The normal procedure is for the USCIS to send the K3 (I-129f) to the NVC to be sent to the embassy/consulate and the I-130 to be held for the Adjustment Of Status (AOS).

Sometimes both the I-130 and I-129f will both be sent to the NVC. The I-130 NOA2 will tell you if the petition was sent to the NVC. If the first paragraph reads like the beneficiary is already in the US then the I-130 was held for AOS.

If both are sent to the NVC then it is your choice.

If the I-130 petition is held you should follow the K3. The I-130 can get moving again at your request, but it is a slow process (3 months plus I think).