AOS

[BR549 0]

Hello,

My husband entered on a K-3 visa and since has received a work authorization without applying for AOS. He was going to just go to Montreal for his Cr1 interview etc. We have been waiting for our I-130 to be approved and it should have been approved about 2 months ago according to the time chart. We've decided to apply for AOS now so he will not have to get a new medical done and travelling to Montreal isn't going to be as easy as we thought. Plus there seems to be something wrong in our application somewhere along the lines. I have called USCIS and they took all sorts of information from me and it's been a month since then and nothing. I guess my real question is, I was reading through the instructions on the I-485 and it doesn't have anything about k-3. I am assuming this is a similar situation to the I-129F where the form was created before k-3 was. So I looked at the guide on here to see what exactly I needed to include as far as my petition notices (NOA1 NOA2). It says that I need to include the NOA2 for I-130. Does this petition really have to be approved before you can apply for AOS? This seems a bit odd to me.

Thanks for any help you can give me.

[Yodrak 7]

driehuis,

No, the I-130 does not need to be approved before a K3 can apply for adjustment of status. My wife applied for adjustment prior to the approval of my I-130.

Yodrak

Hello,

My husband entered on a K-3 visa and since has received a work authorization without applying for AOS. He was going to just go to Montreal for his Cr1 interview etc. We have been waiting for our I-130 to be approved and it should have been approved about 2 months ago according to the time chart. We've decided to apply for AOS now so he will not have to get a new medical done and travelling to Montreal isn't going to be as easy as we thought. Plus there seems to be something wrong in our application somewhere along the lines. I have called USCIS and they took all sorts of information from me and it's been a month since then and nothing. I guess my real question is, I was reading through the instructions on the I-485 and it doesn't have anything about k-3. I am assuming this is a similar situation to the I-129F where the form was created before k-3 was. So I looked at the guide on here to see what exactly I needed to include as far as my petition notices (NOA1 NOA2). It says that I need to include the NOA2 for I-130. Does this petition really have to be approved before you can apply for AOS? This seems a bit odd to me.

Thanks for any help you can give me.

[BR549 0]

Yodrak- thank you for your response. Do I just need to attach the I-130 NOA1 then?

driehuis,

No, the I-130 does not need to be approved before a K3 can apply for adjustment of status. My wife applied for adjustment prior to the approval of my I-130.

Yodrak

Hello,

My husband entered on a K-3 visa and since has received a work authorization without applying for AOS. He was going to just go to Montreal for his Cr1 interview etc. We have been waiting for our I-130 to be approved and it should have been approved about 2 months ago according to the time chart. We've decided to apply for AOS now so he will not have to get a new medical done and travelling to Montreal isn't going to be as easy as we thought. Plus there seems to be something wrong in our application somewhere along the lines. I have called USCIS and they took all sorts of information from me and it's been a month since then and nothing. I guess my real question is, I was reading through the instructions on the I-485 and it doesn't have anything about k-3. I am assuming this is a similar situation to the I-129F where the form was created before k-3 was. So I looked at the guide on here to see what exactly I needed to include as far as my petition notices (NOA1 NOA2). It says that I need to include the NOA2 for I-130. Does this petition really have to be approved before you can apply for AOS? This seems a bit odd to me.

Thanks for any help you can give me.