Adjusting from K-3

[Thai family 0]

We're trying to decide when to submit the AOS package, and attempting to avoid both a repeat medical exam and removing conditions. The medical was done on July 1, 2008 and their second wedding anniversary is Oct 18th, 2009. Adjustment processing times posted don't seem to differentiate between k-1 and K-3 visa holders. My thinking is that K-3s may take longer to get approved if the application is submitted closer to the 2nd wedding anniversary, as the USCIS won't be getting a second look at them if the ten year green card is issued. Is my thinking muddled? My son said he'd rather have her repeat the medical than go through removal of conditions. The office will be Jacksonville, unless he unexpectedly gets new orders.

Are AOS processing times speeding up? If the AOS application arrives at the USCIS just before July 1st, that would be just over 2 1/2 months until their anniversary. Any thoughts?

Thanks in advance.

Thai Mom

[Reba 2]

The only difference between processing of K1 and K3 may be if the I-130 is not yet approved for the K3 process (which is rare these days).

But the I-485 sitting on the adjudicator's desk doesnt make any difference if it is from a K1 or K3 adjustment. Plus, they're not going to be looking so closely at it as to speed up or slow down their own processing so you they only have to see you once. Their brains don't work that way. They have paper on their desk, they're supposed to move it.

[rin and john 71]

We're trying to decide when to submit the AOS package, and attempting to avoid both a repeat medical exam and removing conditions. The medical was done on July 1, 2008 and their second wedding anniversary is Oct 18th, 2009. Adjustment processing times posted don't seem to differentiate between k-1 and K-3 visa holders. My thinking is that K-3s may take longer to get approved if the application is submitted closer to the 2nd wedding anniversary, as the USCIS won't be getting a second look at them if the ten year green card is issued. Is my thinking muddled? My son said he'd rather have her repeat the medical than go through removal of conditions. The office will be Jacksonville, unless he unexpectedly gets new orders.

Are AOS processing times speeding up? If the AOS application arrives at the USCIS just before July 1st, that would be just over 2 1/2 months until their anniversary. Any thoughts?

Thanks in advance.

Thai Mom

Thai Mom - We went through the same thought process last year (with 4 AOS applications, I sure didn't want to have to pay again for lifting conditions). The biggest difference in AOS processing times is whether or not it goes to interview or not. Last summer (haven't checked recently) about 20% of the applications were being transferred to CSC and most were approved without interview. It was much more prevalent at that time on K1s than K3s. So we took the risk (our reasons were tax rebated related). Without the transfer, it took us six months and Rin and the children received 10 yr GCs (five weeks after our 2nd anniversary). Had the local office scheduled prior to the 2nd anniversary, I would have rescheduled the interview appointment until after the anniversary (their appointment letter tells you how to reschedule if you cannot make the appointment - I would have scheduled a business trip abroad if it would have been necessary to provide evidence to reschedule!)

Looking here:

http://www.visajourney.com/timeline/aoslis...mp;op5=&cfl=

Only one of the last 100 K3s have been transferred (and it still went to interview). It is highly likely (over 99%) that your DIL's AOS will go to interview. At that point, your son and DIL will have some control as to when the interview occurs (a sneaky person would leave something out of the package to generate an RFE ).

Best of luck!

John

[Urge To Race 2]

K3's are almost certain to get an interview (this usually takes longer than the K1s that get transfered to CSC and approved without interview). Jacksonville is saying 4 months processing time for I485. I would say you would probably be ok sending it in at the end of June and expecting an interview for some time after their October anniversary.

We didn't really care if we had to remove conditions, we wanted to move things along. But still our AOS got held up and we waited almost a whole year to get our interview... so we got the 10 year card. I figured as a K3er you would get interviewed now, then removal of conditions would not be a big deal (as in no interview). I am glad I didn't wait any longer to jockey for the 10 year card.

We're trying to decide when to submit the AOS package, and attempting to avoid both a repeat medical exam and removing conditions. The medical was done on July 1, 2008 and their second wedding anniversary is Oct 18th, 2009. Adjustment processing times posted don't seem to differentiate between k-1 and K-3 visa holders. My thinking is that K-3s may take longer to get approved if the application is submitted closer to the 2nd wedding anniversary, as the USCIS won't be getting a second look at them if the ten year green card is issued. Is my thinking muddled? My son said he'd rather have her repeat the medical than go through removal of conditions. The office will be Jacksonville, unless he unexpectedly gets new orders.

Are AOS processing times speeding up? If the AOS application arrives at the USCIS just before July 1st, that would be just over 2 1/2 months until their anniversary. Any thoughts?

Thanks in advance.

Thai Mom

[Thai family 0]

Thanks Rebecca and John. Changing the interview date, if necessary, might be the way to go. They might want to have a say in the date, anyway, due to his rigorous Naval aviation training schedule, the fact that she shouldn't be expected to make the trip 300 miles one way alone and that he should be present. I was concerned that Jacksonville seems to have fairly fast processing times. We had even considered leaving their address as their home of record, as it is their legal permanent address. That might cause a raised eyebrow at the USCIS, but they wouldn't be able to challenge it legally. Denver seems to take longer to approval.

Never in my wildest dreams did I think I would be complaining about a shorter processing time!

How is your family doing, John? My DIL is happy to be warming up in Pensacola. She didn't complain, but I know she froze this winter. I sure do miss her, and hope she adjusts well. Being a Navy wife is not an easy job. At last they are busy setting up their first real home together. They've been able to be together less than five months out of the time they've been married. Hopefully they'll have a least a couple of years now without

having to be apart.

Thanks!

Thai Mom

[rin and john 71]

Thanks Rebecca and John. Changing the interview date, if necessary, might be the way to go. They might want to have a say in the date, anyway, due to his rigorous Naval aviation training schedule, the fact that she shouldn't be expected to make the trip 300 miles one way alone and that he should be present. I was concerned that Jacksonville seems to have fairly fast processing times. We had even considered leaving their address as their home of record, as it is their legal permanent address. That might cause a raised eyebrow at the USCIS, but they wouldn't be able to challenge it legally. Denver seems to take longer to approval.

Never in my wildest dreams did I think I would be complaining about a shorter processing time!

How is your family doing, John? My DIL is happy to be warming up in Pensacola. She didn't complain, but I know she froze this winter. I sure do miss her, and hope she adjusts well. Being a Navy wife is not an easy job. At last they are busy setting up their first real home together. They've been able to be together less than five months out of the time they've been married. Hopefully they'll have a least a couple of years now without

having to be apart.

Thanks!

Thai Mom

Hey Thai Mom! For the AOS interview, your son must be present. Rescheduling based on his training schedule would seem like a good reason.

We've been doing great! I had to travel on business to Asia back in March for three weeks, so Rin went with me. Felt like a second honeymoon! Although the first week Rin complained daily about how hot it was in Bangkok! My two older daughters (19/21) stayed with her children here in Memphis (They all had alot of fun; don't think we were really missed!).

Rin's children just finished their second year of school here wednesday - time has flown by. The eldest (13) has come up to grade level with her english skills and has been taken out of ESL classes by the school.

Hope the AOS goes smoothly for your DIL (and as slow as necessary!).

Best of luck,

John