AOS

[dmd01708 3]

My son and I entered the US back in March on a K3, I am waiting for my EAD to be done, my question is my I-130 expires on 30th October do I have to apply for AOS by that date or can I do it after.

Donna

[Yodrak 7]

Donna,

You can apply for adjustment after 30 Octover, but you really should apply without delay if your intention is to adjust rather than pursue an immigrant visa.

Yodrak

My son and I entered the US back in March on a K3, I am waiting for my EAD to be done, my question is my I-130 expires on 30th October do I have to apply for AOS by that date or can I do it after.

Donna

[meauxna 15]

Your I-130 expires?

Are you going to Adjust Status or return to the UK for an Imigrant Visa?

Are you sure it is the I-130 and not something else expiring? How do you know your I-130 is 'expiring'?

[maria_b84 0]

Your I-130 expires?

Are you going to Adjust Status or return to the UK for an Imigrant Visa?

Are you sure it is the I-130 and not something else expiring? How do you know your I-130 is 'expiring'?

Yeah thats weird. I have never heard of an I130 that actually expires......r u 100% sure about it??

Maria

[ssalburo 0]

i was wondering too coz we were approved for our I-130 last October 2004 and I never heard of USCIS telling me that my I-130 is already expired ...

[dmd01708 3]

Sorry bout the confusion with the expiring I-130 what I meant was my I-130 was approved last october and i am already here in the usa on a k3 i was going to go back to the uk for the I-130 interview but instead i am doing AOS, I just thought that because my I-130 was approved last october i only had till october this year to apply for AOS, the reason we are waiting for doing the AOS is because we wont be married for 2 years till next May so the idea was to wait as long as poss before doing the AOS so I dont have to do the removal of conditions later on.

Thanks for the answers you gave and I am sorry if I confused anyone

Donna

[Yodrak 7]

Donna,

There is no "I-130 interview", except perhaps in extremely rare instances. The I-130 is processed and approved by the USCIS here in the USA, and I think there may have been one person here at VJ who was called into a local USCIS office for an interview about the petition in the not too distant past. Very surprising turn of events that case was, being called in.

The interview you would go back to the UK for would be an immigrant visa interview as part of the processing of an immigrant visa application that you would submit to the DoS, much as you will be interviewed by the USCIS as part of the processing of the I-485 adjustment application you are going to submit.

You may be overlooking some unforseen hassles in your attempt to avoid the hassle of removal of conditions. It's generally best to get your LPR status as soon as possible.

Yodrak

Sorry bout the confusion with the expiring I-130 what I meant was my I-130 was approved last october and i am already here in the usa on a k3 i was going to go back to the uk for the I-130 interview but instead i am doing AOS, I just thought that because my I-130 was approved last october i only had till october this year to apply for AOS, the reason we are waiting for doing the AOS is because we wont be married for 2 years till next May so the idea was to wait as long as poss before doing the AOS so I dont have to do the removal of conditions later on.

Thanks for the answers you gave and I am sorry if I confused anyone

Donna

[meauxna 15]

Sorry bout the confusion with the expiring I-130 what I meant was my I-130 was approved last october and i am already here in the usa on a k3 i was going to go back to the uk for the I-130 interview but instead i am doing AOS, I just thought that because my I-130 was approved last october i only had till october this year to apply for AOS, the reason we are waiting for doing the AOS is because we wont be married for 2 years till next May so the idea was to wait as long as poss before doing the AOS so I dont have to do the removal of conditions later on.

Thanks for the answers you gave and I am sorry if I confused anyone

Donna

Donna, as usual I agree with Yodrak. Please make sure you fully understand what the drawbacks to filing I-751 are ($205 was the hardest part to take). Other than that, there is no hassle to it.

However, living in limbo land as you are has a lot of drawbacks, chief among them what would happen to you if something happened to your USC petitioner.

[Lorenzo 0]

One thing I was told is that if someone is "out of status" they must refile for the AP and EAD until their green card is approved. For people with complex situations it does not seem impossible.