Finally arrived in the US on K3, Now what??

[sz110 0]

My BIL finally arrived after waiting for 2 years after his interview. they had submitted both k3 and I130 and they did not pay fee for I130 as someone told them that would cancel k3 visa. So that he is finally here, can someone tell us what we should be doing next? I told him that he should pay fees for I130 first but i just want to know what would be some of the steps he should be taking.

also if i am correct, he can't get SSN until he gets his greencard? so does that mean he can't open up a bank account, apply for driving license etc? please help!!!

[Otto 83]

My BIL finally arrived after waiting for 2 years after his interview. they had submitted both k3 and I130 and they did not pay fee for I130 as someone told them that would cancel k3 visa. So that he is finally here, can someone tell us what we should be doing next? I told him that he should pay fees for I130 first but i just want to know what would be some of the steps he should be taking.

also if i am correct, he can't get SSN until he gets his greencard? so does that mean he can't open up a bank account, apply for driving license etc? please help!!!

Your BIL (brother in law I presume) is here (in the US) - was issued a K3 visa. Take a look at the K3 Visa Flowchart, he is on Step 17 (US Entry). The next step(s) would be to apply for AOS/EAD. There are step-by-step guides on this subject (and getting a social security card etc.).

[ninjarocket 1]

It would be helpful if you filled out your timeline.

What does BIL stand for?

When you refer to the I-130 fee, do you mean (1) the original I-130 filing fee payable to USCIS, or do you mean (2) the IR immigrant visa fee payable to NVC?

If your husband currently has a k3 visa, he can file for AOS while in the US. As part of that package, he can include an application for employment authorization (fee waived), with which he can work and obtain a SSN. The employment authorization takes 3 months to be approved. Employment authorization can also be applied for independently of the AOS (if you prefer to wait before filing for AOS), but that will require the fee to be paid.

Some states require a SSN in order to obtain a drivers license whereas others will accept a valid visa.

If (2) applies above, you would only want to pay for a IR visa if your husband intends to return to the US consulate in his home country to process his greencard instead of filing for AOS in the US. The k3 visa would only be cancelled if he receives a IR visa.

My BIL finally arrived after waiting for 2 years after his interview. they had submitted both k3 and I130 and they did not pay fee for I130 as someone told them that would cancel k3 visa. So that he is finally here, can someone tell us what we should be doing next? I told him that he should pay fees for I130 first but i just want to know what would be some of the steps he should be taking.

also if i am correct, he can't get SSN until he gets his greencard? so does that mean he can't open up a bank account, apply for driving license etc? please help!!!

[sz110 0]

It would be helpful if you filled out your timeline.

What does BIL stand for?

When you refer to the I-130 fee, do you mean (1) the original I-130 filing fee payable to USCIS, or do you mean (2) the IR immigrant visa fee payable to NVC?

If your husband currently has a k3 visa, he can file for AOS while in the US. As part of that package, he can include an application for employment authorization (fee waived), with which he can work and obtain a SSN. The employment authorization takes 3 months to be approved. Employment authorization can also be applied for independently of the AOS (if you prefer to wait before filing for AOS), but that will require the fee to be paid.

Some states require a SSN in order to obtain a drivers license whereas others will accept a valid visa.

If (2) applies above, you would only want to pay for a IR visa if your husband intends to return to the US consulate in his home country to process his greencard instead of filing for AOS in the US. The k3 visa would only be cancelled if he receives a IR visa.

My BIL finally arrived after waiting for 2 years after his interview. they had submitted both k3 and I130 and they did not pay fee for I130 as someone told them that would cancel k3 visa. So that he is finally here, can someone tell us what we should be doing next? I told him that he should pay fees for I130 first but i just want to know what would be some of the steps he should be taking.

also if i am correct, he can't get SSN until he gets his greencard? so does that mean he can't open up a bank account, apply for driving license etc? please help!!!

Thanks guys for the replies. Yes BIL stands for my brother in law. I need to go through that link cuz i am not sure what AOS means etc. I believe my sister and BIL have paid the initial fees for the I130 but I think now we have to pay some additional $400 fees.

I don't have the exact timeline but they were married in jan 2006, papers were filed either in feb or march of 2006. he was interviewed in nov 06 and just arrived here this month.

[Otto 83]

Thanks guys for the replies. Yes BIL stands for my brother in law. I need to go through that link cuz i am not sure what AOS means etc. I believe my sister and BIL have paid the initial fees for the I130 but I think now we have to pay some additional $400 fees.

I don't have the exact timeline but they were married in jan 2006, papers were filed either in feb or march of 2006. he was interviewed in nov 06 and just arrived here this month.

AOS stands for Adjustment of Status - it means your BIL will need to adjust his status from a K3 visa holder to a Permanent Resident (green card holder). This is an absolutely necessary step as it will allow him the privileges of a Permanent Resident (i.e., to work, drive, travel, etc).

[ninjarocket 1]

If your BIL is going to file for AOS while in the US, he should definitely not pay the $400 IV fee. That's only if he wants to return to his home company to obtain his immigrant visa at the consulate.

It would be helpful if you filled out your timeline.

What does BIL stand for?

When you refer to the I-130 fee, do you mean (1) the original I-130 filing fee payable to USCIS, or do you mean (2) the IR immigrant visa fee payable to NVC?

If your husband currently has a k3 visa, he can file for AOS while in the US. As part of that package, he can include an application for employment authorization (fee waived), with which he can work and obtain a SSN. The employment authorization takes 3 months to be approved. Employment authorization can also be applied for independently of the AOS (if you prefer to wait before filing for AOS), but that will require the fee to be paid.

Some states require a SSN in order to obtain a drivers license whereas others will accept a valid visa.

If (2) applies above, you would only want to pay for a IR visa if your husband intends to return to the US consulate in his home country to process his greencard instead of filing for AOS in the US. The k3 visa would only be cancelled if he receives a IR visa.

My BIL finally arrived after waiting for 2 years after his interview. they had submitted both k3 and I130 and they did not pay fee for I130 as someone told them that would cancel k3 visa. So that he is finally here, can someone tell us what we should be doing next? I told him that he should pay fees for I130 first but i just want to know what would be some of the steps he should be taking.

also if i am correct, he can't get SSN until he gets his greencard? so does that mean he can't open up a bank account, apply for driving license etc? please help!!!

Thanks guys for the replies. Yes BIL stands for my brother in law. I need to go through that link cuz i am not sure what AOS means etc. I believe my sister and BIL have paid the initial fees for the I130 but I think now we have to pay some additional $400 fees.

I don't have the exact timeline but they were married in jan 2006, papers were filed either in feb or march of 2006. he was interviewed in nov 06 and just arrived here this month.

[sz110 0]

oh i didnt know that. so applying for AOS is the right thing to do while you are here on your K3 visa? how much is the fees for it and i think i read somewhere that it takes 3 months? does anyone know if he files for AOS, he will get greencard? or other forms also need to be submitted

Edited October 27, 2008 by sz110

[Martina and Jim 0]

oh i didnt know that. so applying for AOS is the right thing to do while you are here on your K3 visa? how much is the fees for it and i think i read somewhere that it takes 3 months? does anyone know if he files for AOS, he will get greencard? or other forms also need to be submitted

You should have a look at this link: http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

This link shows you how to file for AOS for K3 Visa

When your BIL files for AOS, he will get a green card.

Hope this helps

Martina