HELP

[Mikko 0]

I NEED YOUR HELP/INPUT ON THIS CASE.

HERE ARE THE FACTS OF THE CASE:

1.) A FRIEND OF MINE ARRIVED HERE IN THE US IN 2002 AS AN IMMIGRANT, EMPLOYMENT BASED.

2.) SHE GOT MARRIED IN 2005 IN THE PHILIPPINES.

3.) SHE FILED I-130 FOR HER HUSBAND WHILE SHE WAS STILL AS IMMIGRANT IN 2006.

4.) SHE GOT HER US CITIZENSHIP THIS YEAR 2008. OPTED TO GO TO K3 ROUTE AS ADVISED SINCE IT IS A MUCH FASTER ROUTE FOR HER HUSBAND TO JOIN HER HERE IN THE US.

5.) K3 VISA IS PENDING AT THIS TIME. FILED I-129 F AND WAS APPROVED LAST JULY 2008 BUT I-130 FILED ON 2006 NOT APPROVED YET BY USCIS.

MY QUESTIONS:

1.) WHAT WILL HER OPTIONS BE? CALL USCIS AND EXPEDITE I-130 PETITION OR CONTINUE WITH K3 ROUTE?

2.) IF K3 IS APPROVED AND HER HUSBAND IS GRANTED THE K3 VISA AND WILL JOIN HER IN THE US . WHEN APPLYING FOR ADJUSTMENT OF STATUS, CAN SHE APPLY FOR AOS EVEN IF I-130 PETITION IS NOT APPROVED YET? OR NOT?

3.) DOES SHE NEED THE ASSISTANCE OF A LAWYER FOR THIS CASE?

THANK YOU FOR YOUR REPLY!

[Ling Ling 22]

I NEED YOUR HELP/INPUT ON THIS CASE.

HERE ARE THE FACTS OF THE CASE:

1.) A FRIEND OF MINE ARRIVED HERE IN THE US IN 2002 AS AN IMMIGRANT, EMPLOYMENT BASED.

2.) SHE GOT MARRIED IN 2005 IN THE PHILIPPINES.

3.) SHE FILED I-130 FOR HER HUSBAND WHILE SHE WAS STILL AS IMMIGRANT IN 2006.

4.) SHE GOT HER US CITIZENSHIP THIS YEAR 2008. OPTED TO GO TO K3 ROUTE AS ADVISED SINCE IT IS A MUCH FASTER ROUTE FOR HER HUSBAND TO JOIN HER HERE IN THE US.

5.) K3 VISA IS PENDING AT THIS TIME. FILED I-129 F AND WAS APPROVED LAST JULY 2008 BUT I-130 FILED ON 2006 NOT APPROVED YET BY USCIS.

MY QUESTIONS:

1.) WHAT WILL HER OPTIONS BE? CALL USCIS AND EXPEDITE I-130 PETITION OR CONTINUE WITH K3 ROUTE?

2.) IF K3 IS APPROVED AND HER HUSBAND IS GRANTED THE K3 VISA AND WILL JOIN HER IN THE US . WHEN APPLYING FOR ADJUSTMENT OF STATUS, CAN SHE APPLY FOR AOS EVEN IF I-130 PETITION IS NOT APPROVED YET? OR NOT?

3.) DOES SHE NEED THE ASSISTANCE OF A LAWYER FOR THIS CASE?

THANK YOU FOR YOUR REPLY!

If she selects the K-3 visa, the CR-1 (I-130) will be void....plus the cost of returning again to PI for another interview would be more than the cost of AOS.

If she selects the K-3, they can apply for AOS the same as anyone else.

They will not expedite the I-130 because the I-129f petition was approved.

The purpose of the I-129f was for people that don't want to wait for their I-130 approval.

From what you've said, I don't see any reason why she would need a lawyer.

[Mikko 0]

THANK YOU FOR YOUR REPLY. YOUR INPUT IS MUCH APPRECIATED.

BUT SHE IS JUST CONFUSED SINCE ACCORDING TO THE GUIDELINES FOR AOS APPLICATION, SHE NEEDS TO SUBMIT AN APPROVED I-130 PETITION SINCE HER HUSBAND CAME IN THE US AS K3 NOT K1 VISA.

AM I WRONG OR....?

SORRY JUST NEED TO CLARIFY THINGS...

[Ling Ling 22]

THANK YOU FOR YOUR REPLY. YOUR INPUT IS MUCH APPRECIATED.

BUT SHE IS JUST CONFUSED SINCE ACCORDING TO THE GUIDELINES FOR AOS APPLICATION, SHE NEEDS TO SUBMIT AN APPROVED I-130 PETITION SINCE HER HUSBAND CAME IN THE US AS K3 NOT K1 VISA.

AM I WRONG OR....?

SORRY JUST NEED TO CLARIFY THINGS...

If you're referring to the guide here

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

I believe that's a typo in section #5

A K-3 visa begins with an approved I-129f petition. Therefore she would submit a copy of NOA2 for the I-129f.

You can either ask on the forum, or contact NVC for clarification, but requiring an approved I-130 for AOS from a K3, sounds a bit backwards.

Good luck

Edited October 3, 2008 by Ling Ling

[ninjarocket 1]

She will need to wait for the I-130 approval before filing for AOS. In the meantime, she can apply for employment authorization once in the US, which will enable her to do get a SSN, drive a car, etc....

USCIS used to approve the I-129F petitions before the I-130 adjudication was complete but today usually approve both together. Does this mean that they might have gone back to the original purpose of the I-129F/k3 which is to provide a fast option for married couples waiting too long for an I-130 approval????? I could have done with this because I had to wait 1 year for my I-130 to be approved, even when there was absolutely nothing wrong with my case and no RFE. My wife got her CR visa without being required to show any actual proof of a relationship. Only her answers to the CO questions was deemed sufficient (she would already have had her CR visa today had she been at home at the time of attempted delivery).

A CR visa would void a k3, not the other way round. If the CR paperwork arrives at the embassy before the k3 is approved (which is unlikely in her case), the k3 can be abandoned in favor of the CR. Even if she gets a k3 visa, she can still have the option of eventually returning to the embassy for CR visa processing if and only if the I-130 is forwarded to NVC after approval (but I guess that's a scarier option because she would have to leave the US). But it could be faster than AOS.

THANK YOU FOR YOUR REPLY. YOUR INPUT IS MUCH APPRECIATED.

BUT SHE IS JUST CONFUSED SINCE ACCORDING TO THE GUIDELINES FOR AOS APPLICATION, SHE NEEDS TO SUBMIT AN APPROVED I-130 PETITION SINCE HER HUSBAND CAME IN THE US AS K3 NOT K1 VISA.

AM I WRONG OR....?

SORRY JUST NEED TO CLARIFY THINGS...

[Ling Ling 22]

So basically, everything "I" said....forget about it.

HUGE thanks to Ninjarocket for the correction without a scalding to me.

Guess I'm gonna go crawl under a rock...and stop posting after being awake for 20 hours.

[Mikko 0]

THANK YOU BOTH FOR TAKING TIME TO ANSWER MY INQUIRY.

I GUESS SHE NEEDS TO WRITE TO USCIS FOR APPROVAL OF THE I-130 WHICH WAS FILED IN 2006 BEFOR PROCEEDING WITH AOS...

THANKS AGAIN!

[Steve Y Jessica 1]

THANK YOU BOTH FOR TAKING TIME TO ANSWER MY INQUIRY.

I GUESS SHE NEEDS TO WRITE TO USCIS FOR APPROVAL OF THE I-130 WHICH WAS FILED IN 2006 BEFOR PROCEEDING WITH AOS...

THANKS AGAIN!

NO!!!!!

She does not need the I-130 Approval for AOS.

[Mikko 0]

I REALLY APPRECIATE YOUR REPLY.

SO, WITH YOU SAYING THAT SHE DOES NOT NEED AN APPROVED I-130 TO APPLY FOR AOS, IS AN APPROVED I-129 F THE ONE ONE SHE SHOULD SUBMIT?