K3 or AOS in country, do we have a choice?

[JoBri 548]

My wife got her K3 visa already, but has chosen to finish out the school year at the school she is principal at. We have airline tickets for May 3.

My question is, is it possible to go forward still with the AOS through NVC, and if so, is it possible to get that approved before she ever departs the Philippines? Or are we locked into the K3 visa now?

I just wondered, since we now have a little time on our hands. Ten weeks, to be exact. Thanks for any input.

Brian in Tennessee

[Dakine 26]

My wife got her K3 visa already, but has chosen to finish out the school year at the school she is principal at. We have airline tickets for May 3.

My question is, is it possible to go forward still with the AOS through NVC, and if so, is it possible to get that approved before she ever departs the Philippines? Or are we locked into the K3 visa now?

I just wondered, since we now have a little time on our hands. Ten weeks, to be exact. Thanks for any input.

Brian in Tennessee

Be much better if you went ahead with the I-130. CR-1 is a WAY better visas. Cheaper in the long run also.

Use "Ling Che NVC shortcuts"!

[Dakine 26]

OOPs

Edited February 19, 2009 by Haole

[Reba 2]

The only way to AOS from the K3 is after she's "activated" the visa and entered the US. So you'll have to wait until May to apply.

Or, continue on with the I-130, and do the CR1. Have you received anything more on that, other than the NOA2?

[GS4EVER 0]

I also have a question regarding which to follow since both K 3 and I 130 are getting approved together. Of course, I realize that following the CR 1 is better but as in many cases of those getting approved, if the K 3 interview is first, do they still have to go through adjustment of status once the spouse enters the US and will it be much quicker to get the Green card since I 130 was approved at the same time? So confusing.... This K 3 thing ended up complicating things instead of making the process easier!! Go figure!

Hmmm rereading the previous post by Reba: "The only way to AOS from the K3 is after she's "activated" the visa and entered the US. So you'll have to wait until May to apply.

Or, continue on with the I-130, and do the CR1. Have you received anything more on that, other than the NOA2?"

I believe as I understand it that you would have to enter the US on K3 regardless of whether or not you already received NOA2 for I 130...I think we should start a new thread for people who already did that so that we have an idea what to do once we cross that bridge. The wait is so trying so do we get the K3 and bring our spouses here or do we risk more waiting should we choose to wait for the CR1 visa. And how long will that delay things? The confusing part for me is that they are approving both K3 and CR1 together! I don't even know if I am making any sense at all

Edited February 19, 2009 by GS4EVER

[Y's_habibitk 2]

I think he means AOS as is affidavit of support, not adjustment of status..am I correct Brian? You mean start the first step in the cr1 path, the aos fee bill?

If so, yes..if you get through NVC and her interview is scheduled before she leaves, she can still interview for the cr1.

Lisa

The confusing part for me is that they are approving both K3 and CR1 together! I don't even know if I am making any sense at all

It doesnt, it kind of defeats the purpose of the k3, although you may save a litlle time as far as the interview scheduling, some consulates schedule immigrant visas(cr1's) a few months behind k visas

[pushbrk 12,883]

I also have a question regarding which to follow since both K 3 and I 130 are getting approved together. Of course, I realize that following the CR 1 is better but as in many cases of those getting approved, if the K 3 interview is first, do they still have to go through adjustment of status once the spouse enters the US and will it be much quicker to get the Green card since I 130 was approved at the same time? So confusing.... This K 3 thing ended up complicating things instead of making the process easier!! Go figure!

Hmmm rereading the previous post by Reba: "The only way to AOS from the K3 is after she's "activated" the visa and entered the US. So you'll have to wait until May to apply.

Or, continue on with the I-130, and do the CR1. Have you received anything more on that, other than the NOA2?"

I believe as I understand it that you would have to enter the US on K3 regardless of whether or not you already received NOA2 for I 130...I think we should start a new thread for people who already did that so that we have an idea what to do once we cross that bridge. The wait is so trying so do we get the K3 and bring our spouses here or do we risk more waiting should we choose to wait for the CR1 visa. And how long will that delay things? The confusing part for me is that they are approving both K3 and CR1 together! I don't even know if I am making any sense at all

It's the petitions not the visas that are being approved together. If you want an immigrant visa, don't file an I-129F for a spouse.

[GS4EVER 0]

I also have a question regarding which to follow since both K 3 and I 130 are getting approved together. Of course, I realize that following the CR 1 is better but as in many cases of those getting approved, if the K 3 interview is first, do they still have to go through adjustment of status once the spouse enters the US and will it be much quicker to get the Green card since I 130 was approved at the same time? So confusing.... This K 3 thing ended up complicating things instead of making the process easier!! Go figure!

Hmmm rereading the previous post by Reba: "The only way to AOS from the K3 is after she's "activated" the visa and entered the US. So you'll have to wait until May to apply.

Or, continue on with the I-130, and do the CR1. Have you received anything more on that, other than the NOA2?"

I believe as I understand it that you would have to enter the US on K3 regardless of whether or not you already received NOA2 for I 130...I think we should start a new thread for people who already did that so that we have an idea what to do once we cross that bridge. The wait is so trying so do we get the K3 and bring our spouses here or do we risk more waiting should we choose to wait for the CR1 visa. And how long will that delay things? The confusing part for me is that they are approving both K3 and CR1 together! I don't even know if I am making any sense at all

It's the petitions not the visas that are being approved together. If you want an immigrant visa, don't file an I-129F for a spouse.

Interesting... Thanks guys! All we can do is wait and see which one will get to the consulate fastest and take it from there.

[GS4EVER 0]

I think he means AOS as is affidavit of support, not adjustment of status..am I correct Brian? You mean start the first step in the cr1 path, the aos fee bill?

If so, yes..if you get through NVC and her interview is scheduled before she leaves, she can still interview for the cr1.

Lisa

The confusing part for me is that they are approving both K3 and CR1 together! I don't even know if I am making any sense at all

It doesnt, it kind of defeats the purpose of the k3, although you may save a litlle time as far as the interview scheduling, some consulates schedule immigrant visas(cr1's) a few months behind k visas

yeah I didn't realize they had the same acronyms, lol Thanks for pointing that out Lisa!

[JoBri 548]

Well, I meant, with the CR1 you sort of adjust status in the foreign country, prior to departing there. I was just thinking how it would possibly cheaper and shorter time to go that way now, than with the K3 and adjusting status here. I was just wondering if I could still go the CR1 route, even though she received her k3 visa already. We still have a 10 week wait. When we got the k3 visa, it was my intent she would be here soon as possible. I didnt know the implications of her wanting to finish out the school year as principal and leaving in good standing there. But she didnt want to leave them empty handed and in need aof a new principal right at the end of the year, and didnt want the teachers to struggle or to let the children down right at the time of major testing. So herre we sit waitingg, and I just thought I could still somehow possibly persue a CR1 in the 10 weeks, even though she already has the k3 visa in hand. But I bet it isnt possible.

The bottom line is, if I had it to do again, I wish I had known she wanted to finish out the school year... I would have just gotten the CR1. Would have been plenty of time I t hink,,, sigh,,,

I think he means AOS as is affidavit of support, not adjustment of status..am I correct Brian? You mean start the first step in the cr1 path, the aos fee bill?

If so, yes..if you get through NVC and her interview is scheduled before she leaves, she can still interview for the cr1.

Lisa

The confusing part for me is that they are approving both K3 and CR1 together! I don't even know if I am making any sense at all

It doesnt, it kind of defeats the purpose of the k3, although you may save a litlle time as far as the interview scheduling, some consulates schedule immigrant visas(cr1's) a few months behind k visas

[JoBri 548]

But I bet even if I could still get a cr1 before she comes here, or try, rather, and if she couldnt get interviewed for that prior to her departure date, we would either A) lose the non-refundible airline ticket if she had to delay departure, or B) lose any fees paid toward the cr1 if she abandoned that and just came here on the k3.

I guess the best thing to do is to just sit tight, wait until may, and not try anything fancy... I think I made my bed, and now have to lay in it.

Well, I meant, with the CR1 you sort of adjust status in the foreign country, prior to departing there. I was just thinking how it would possibly cheaper and shorter time to go that way now, than with the K3 and adjusting status here. I was just wondering if I could still go the CR1 route, even though she received her k3 visa already. We still have a 10 week wait. When we got the k3 visa, it was my intent she would be here soon as possible. I didnt know the implications of her wanting to finish out the school year as principal and leaving in good standing there. But she didnt want to leave them empty handed and in need aof a new principal right at the end of the year, and didnt want the teachers to struggle or to let the children down right at the time of major testing. So herre we sit waitingg, and I just thought I could still somehow possibly persue a CR1 in the 10 weeks, even though she already has the k3 visa in hand. But I bet it isnt possible.

The bottom line is, if I had it to do again, I wish I had known she wanted to finish out the school year... I would have just gotten the CR1. Would have been plenty of time I t hink,,, sigh,,,

I think he means AOS as is affidavit of support, not adjustment of status..am I correct Brian? You mean start the first step in the cr1 path, the aos fee bill?

If so, yes..if you get through NVC and her interview is scheduled before she leaves, she can still interview for the cr1.

Lisa

The confusing part for me is that they are approving both K3 and CR1 together! I don't even know if I am making any sense at all

It doesnt, it kind of defeats the purpose of the k3, although you may save a litlle time as far as the interview scheduling, some consulates schedule immigrant visas(cr1's) a few months behind k visas

[Y's_habibitk 2]

Yep, sounds like it Brian. At least you know when shes coming

how exciting!

[queuedup 1]

I would agree, just sit tight and wait for your wife to arrive. Good Luck!!

[GS4EVER 0]

I would agree, just sit tight and wait for your wife to arrive. Good Luck!!

Yeah, wish my husband was arriving in May Celebrate

[queuedup 1]

I wish my wife arrives soon!!!