K3 holder has some general AoS questions..

[Johnny Spangle 0]

Hi, I entered the US on a K3 visa recently (at last! ) and I am about to apply for adjustment of status, to obtain conditional permanent residency.

I have the forms, I've read the guides, but I still have a few questions. I'd be very grateful for your input on these:

1. The I-485 form only mentions K1/K2 visas. How do I fill out the form as a K3 holder? For instance, do I tick the "other basis of eligibility" box in part 2 of the form? Are there any other parts of the form that should be filled out differently if one is a K3 and not a K1?
   
2. Am I right in thinking that I would not have been issued an alien registration number yet?
   
3. Am I now obliged to make my application through the central Chicago office, or can I do so in person at a local office? The latter sounds far better to me, to check if I've made the appication correctly. Can I still go local?
   
4. What's a fair estimate of the typical processing time of an AoS?
   

Thank you very much in advance sorry if these questions are already answered elsewhere!

[Peikko 1,575]

If you have an approved 1-130, the A# is on that. Not sure what happens if your 1-130 isn't approved.

It goes to Chicago, same as K1

Can't remember what box I ticked.

Each local office seems to take a different amount of time. Identify your local office and look up the processing dates to give you an idea.

I am still at the beginning of the AOS process, only had the biometrics done. Good luck with your paperwork!

Just noticed you are in California too. SoCal here, local office Santa Ana.

[Gatorfan 0]

If your I-130 is not approved; you will have to wait for you I-130 to be approved before you can file for AOS.

[Johnny Spangle 0]

I was sent an approval notice for my I-130 but it has no A# on it, at least not that I can see..?

Where is it located on your approval notice?

Just noticed you are in California too. SoCal here, local office Santa Ana.

I'm in Ohio, my processing centre just happened to be California. Not sure why I was designated to California - probably overspill, or the fact we were married there.

Do you still have a copy of your form, to check which box you ticked?

[calOC 0]

1. Since your I-130 is approved you should check ‘a’.

2. You should already have an A #. Check the approval notice for I-129F/K3. It should be somewhere in the upper right corner.

3. You will have to send all your petitions to Chicago lockbox. I had gone to our local office in Santa Ana, CA to check if we can file my wife’s petition here. They said we have to send these to Chicago – not an option.

4. It appears that time to interview from filing for AOS depends on your local office. The average time seems to be 4-6 months.

Good Luck.

[Johnny Spangle 0]

2. You should already have an A #. Check the approval notice for I-129F/K3. It should be somewhere in the upper right corner.

Aha, thanks, I was looking at the I-130 approval notice, not the I-129F. I have my A# now.

1. Since your I-130 is approved you should check ‘a’.

One doubt though .. the K3 visa is termed a 'non-immigrant' visa, whereas box A refers to people who have made a petition for an 'immigrant' visa.

Is this correct for a K3 holder then?

[calOC 0]

One doubt though .. the K3 visa is termed a 'non-immigrant' visa, whereas box A refers to people who have made a petition for an 'immigrant' visa.

Is this correct for a K3 holder then?

K3 is in fact a non-immigrant visa and has served its purpose in that you are here in US. Now you are filing for AOS based on an approved I-130 which is an immigrant petition making an immigrant visa number immediately available to you.

[Johnny Spangle 0]

Ok thanks for your explanation. I'm still edgy about the box choice though. I may call them.

[Yodrak 7]

Gatorfan,

Not true.

Yodrak

If your I-130 is not approved; you will have to wait for you I-130 to be approved before you can file for AOS.

Johnny Spangle,

For I-485 Part 2, (a) is the correct choice - you are applying on the basis of the I-130 with which you began your 'visa journey'. That being said, many people have checked (h) noting their K3 status and have gone through without a rejection or RFE (for improper basis of filing).

Yodrak

Ok thanks for your explanation. I'm still edgy about the box choice though. I may call them.

Edited July 5, 2006 by Yodrak

[JRluvsLhyn 0]

Ok thanks for your explanation. I'm still edgy about the box choice though. I may call them.

about the box choice you can check "other" then you can put "I entered as K3 spouse of a united state citizen (if your spouse is USC) or spouse of LPR (if spouse is LPR)"

[Peter Miami 0]

Good luck!

Peter Miami

[Johnny Spangle 0]

Johnny Spangle,

For I-485 Part 2, (a) is the correct choice - you are applying on the basis of the I-130 with which you began your 'visa journey'. That being said, many people have checked (h) noting their K3 status and have gone through without a rejection or RFE (for improper basis of filing).

Yodrak

Thanks Yodrak. So I assume there have been people on the forum who chose (a) and found that worked too? If (a) is the correct choice, then maybe I should go for that.