K3 and AOS Question

[sly_wolf 199]

Hi. I would like to confirm the following based on peoples experiance and what I have read so far.

A K3 visa is good for 2 years max from approval date?

AOS approval takes on average of about 6 months?

If this is correct than I should apply for AOS not later than a year after the K3 is approved ... to be on the safe side?

Sly

[YuAndDan 153]

AOS can be filed at any time after a person enters the country with the K-3. I have read cases where people can wait up to 2 years or more for AOS approval.

See: http://www.visajourney.com/forums/index.php?showtopic=47094

Once a person applies for AOS the visa can expire with out a problem.

[Ashleigh-Au 0]

We applied late....see timeline.

Not approved yet.....but we had EAD and that has just been renewed so I'm not that bothered.

We had no real reason for leaving it so long it just happened that way. After the constant worry and form filling it was nice to take a break for a while. The up side of waiting is that now we will get a 10 yr GC.

edited to add...we re-did our medicals as the original had expired.

Edited January 19, 2007 by Ashleigh-Au

[sly_wolf 199]

Ok. With a K3 visa being good for 2 years then it potentially gives you a max of 2 years time to make your move to the US ... correct?

My understanding was that the AOS was used to allow the move.

Sly

[YuAndDan 153]

Ok. With a K3 visa being good for 2 years then it potentially gives you a max of 2 years time to make your move to the US ... correct?

My understanding was that the AOS was used to allow the move.

Sly

AOS is the process of filing for permanent residence not move time.

K-3 is a multi entry visa, so you could enter the USA file for AOS and then move. Make sure you have a solid address on the I-485 AOS application and dont make any moves while it is being processed. Moving while it is being processed can cause big problems with trying to get address updated at USCIS, and Post office wont forward mail form USCIS. You may check the expiration on the visa for how long it is valid, I believe it is a 2 year visa.

[tiberonsuave 0]

Hi. I would like to confirm the following based on peoples experiance and what I have read so far.

A K3 visa is good for 2 years max from approval date?

AOS approval takes on average of about 6 months?

If this is correct than I should apply for AOS not later than a year after the K3 is approved ... to be on the safe side?

Sly

The K-3 is a multiple entry visa valid for two years.

AOS is the process of obtaining permanent residency (green card)

You have to wait for your I-130 to be approved in order to apply to adjust status. I would think it is a very good idea to apply as soon as possible to demonstrate your spouses immigrant intent. Also you may save yourself the cost of additional EAD and advance parole.

If you wait more than six months past the expiration of the K-3, your spouse could potentially be deported and subject to a three year ban or required to file a waiver. Past a year and it becomes a ten year ban.

Save yourself the headaches and apply as soon as you can possibly do so.

good luck,

alp

Edited January 19, 2007 by tiberonsuave

[Yodrak 7]

alp,

This is not true - a K3 does not need to wait for the I-130 to be approved to apply for adjustment of status.

Yodrak

.....

You have to wait for your I-130 to be approved in order to apply to adjust status. .....

alp

[sly_wolf 199]

Thanks. We are still in the planning stage and trying to plan our timeline also taking into account that I can take early retirement from my Canadian job in a little over 2 years. Our plans are to get married later this year and prefer to be conservative in the time estimates.

Obviously we want to avoid any potential issues.

Sly

[tiberonsuave 0]

alp,

This is not true - a K3 does not need to wait for the I-130 to be approved to apply for adjustment of status.

Yodrak

.....

You have to wait for your I-130 to be approved in order to apply to adjust status. .....

alp

Yodrak,

It is VERY true.

T

[Yodrak 7]

T,

It is false. Many K3s apply for adjustment prior to the approval of the I-130, my wife among them.

Yodrak

alp,

This is not true - a K3 does not need to wait for the I-130 to be approved to apply for adjustment of status.

Yodrak

.....

You have to wait for your I-130 to be approved in order to apply to adjust status. .....

alp

Yodrak,

It is VERY true.

T

Edited January 19, 2007 by Yodrak