Pros and cons on filing I-485 before K3 approval and entry into US?

[SPSguy 18]

Both K3 petitions have been approved. Is it possible to file and adjust status prior to K3 approval? What are the pros and cons.

[Chet 0]

I noted that you file for the same country as I did. How in the world did you get yours must faster? I'm happy to see you got approved.

I've been waiting like crazy!!!

Both K3 petitions have been approved. Is it possible to file and adjust status prior to K3 approval? What are the pros and cons.

[Thai family 0]

Both K3 petitions have been approved. Is it possible to file and adjust status prior to K3 approval? What are the pros and cons.

You can't adjust status until after you've entered the US on a K-3 visa.

I saw your about note "touches". I think inconsistency rules there. Our I-130 was never touched. The NOA 2 just eventually showed up in the mail. They've still not updated the case status online.

[pushbrk 13,087]

Both K3 petitions have been approved. Is it possible to file and adjust status prior to K3 approval? What are the pros and cons.

You can't adjust status until after you've entered the US on a K-3 visa.

I saw your about note "touches". I think inconsistency rules there. Our I-130 was never touched. The NOA 2 just eventually showed up in the mail. They've still not updated the case status online.

There are no pros or cons. You just can't file the I-485 until after you use the K3 visa to enter the US.

Well, you could do it but it would be denied with no refund.

Edited May 20, 2008 by pushbrk

[SPSguy 18]

Chet,

I think having filed both 129f and 130 together played a big factor in fast processing. I think there's advantages in having both petitions at the same place..and possibly processed by the same adjudicator. There's less back and forth which makes it for speedy approval. Another thing I think played a major role is having substantive evidence of a bonafide relationship leading to a marriage. For example, we have a personal dot com website with both our names in the website address. Two years of documents proving relationship via skype, mobile fone bills, wedding photos, affidavit signed by U.S. embassy in Cambodia, complete paperwork by Ministry of Foreign Affairs for marriage license, a legal household book that includes my name as husband in Cambodia with translation by a reputable company, a short letter describing my intent for K3...........PLUS BOTH PETITIONS WERE SENT WITH ORGANIZATION WHICH MAKES IT EASY FOR THE PERSON PROCESSING TO REVIEW.

I have heard many Cambodians with problems with their 130s. I don't know why but I think sometimes organziation of files, evidence and petitions can play a major role. The less back and forth and less hassle, the better.

Thai Family: What I am noticing is that many people with a lot of touches and no action are facing problems, delays, and other unforeseen problems. Those with few touches/OR NO TOUCHES AS IN YOUR CASE, have the fewest problems.

This makes sense because the more someone has to look over your files, or confirm information on file, or wait for responses from third parties on your file, the longer it''ll take for approval. But who knows?

PUSBRK,

Are you sure? The I-485 petition states:

You may apply to adjust status if:

B. You are filing this application with a completed relative petition, special immigrant juvenile or special immigrant miliatry petition which, IF APPROVED, would make an immigrant visa number immediately available to you.

SEE:

http://www.uscis.gov/files/form/i-485instr.pdf

This seems to suggest that if there is a pending 130 relative petition that is subject to approval, AND IF APPROVED, would qualify to adjust status.

Again, I'm far from certain on this topic any direction is appreciated.

Edited May 20, 2008 by SPSguy

[Reba 2]

One has to be legally present in the US, physically on US soil, in order to apply to adjust status. In order for her to be legally present, she'd have to have moved to the US on her K3.

[Chet 0]

Chet,

I think having filed both 129f and 130 together played a big factor in fast processing. I think there's advantages in having both petitions at the same place..and possibly processed by the same adjudicator. There's less back and forth which makes it for speedy approval. Another thing I think played a major role is having substantive evidence of a bonafide relationship leading to a marriage. For example, we have a personal dot com website with both our names in the website address. Two years of documents proving relationship via skype, mobile fone bills, wedding photos, affidavit signed by U.S. embassy in Cambodia, complete paperwork by Ministry of Foreign Affairs for marriage license, a legal household book that includes my name as husband in Cambodia with translation by a reputable company, a short letter describing my intent for K3...........PLUS BOTH PETITIONS WERE SENT WITH ORGANIZATION WHICH MAKES IT EASY FOR THE PERSON PROCESSING TO REVIEW.

SPSguy,

I had pretty much the same type of information and organization on mine. I sent them pictures and all sorts of evidence. The only thing is I don't have a website and if that make a difference I'd be glad to create one. As for filing 129F and 130 together I didn't do it on account the USCIS process states you have to file 130 first before 129F. I called them to confirm and thats what they told me so I was following their "rules" but apparently it didn't help any. I am in the opinion that most of the adjudication is luck and depends on location and who is looking at the paper work.

[pushbrk 13,087]

Chet,

I think having filed both 129f and 130 together played a big factor in fast processing. I think there's advantages in having both petitions at the same place..and possibly processed by the same adjudicator. There's less back and forth which makes it for speedy approval. Another thing I think played a major role is having substantive evidence of a bonafide relationship leading to a marriage. For example, we have a personal dot com website with both our names in the website address. Two years of documents proving relationship via skype, mobile fone bills, wedding photos, affidavit signed by U.S. embassy in Cambodia, complete paperwork by Ministry of Foreign Affairs for marriage license, a legal household book that includes my name as husband in Cambodia with translation by a reputable company, a short letter describing my intent for K3...........PLUS BOTH PETITIONS WERE SENT WITH ORGANIZATION WHICH MAKES IT EASY FOR THE PERSON PROCESSING TO REVIEW.

I have heard many Cambodians with problems with their 130s. I don't know why but I think sometimes organziation of files, evidence and petitions can play a major role. The less back and forth and less hassle, the better.

Thai Family: What I am noticing is that many people with a lot of touches and no action are facing problems, delays, and other unforeseen problems. Those with few touches/OR NO TOUCHES AS IN YOUR CASE, have the fewest problems.

This makes sense because the more someone has to look over your files, or confirm information on file, or wait for responses from third parties on your file, the longer it''ll take for approval. But who knows?

PUSBRK,

Are you sure? The I-485 petition states:

You may apply to adjust status if:

B. You are filing this application with a completed relative petition, special immigrant juvenile or special immigrant miliatry petition which, IF APPROVED, would make an immigrant visa number immediately available to you.

SEE:

http://www.uscis.gov/files/form/i-485instr.pdf

This seems to suggest that if there is a pending 130 relative petition that is subject to approval, AND IF APPROVED, would qualify to adjust status.

Again, I'm far from certain on this topic any direction is appreciated.

Yes, I'm sure. The section to which you refer applies to people already in the USA. You can't adjust a status that doesn't exist yet.

[eau_xplain 2]

One of the key initial evidence required to be submitted with the I-485 is the I-94, which the alien spouse will get at the POE.