I-130 and F3

[De & Al 0]

What happens if the I-129F gets approve and the I-130 still in process, will my husband be able to wait here in the US for the I-130 or will we have to star the process all over again in order for him to get a residency card????

I have read that some people go back to there country to have interview, however if he is able to leave Cuba with the K3, we don’t want to take any chances and have him go back, could he wait here for the residence card??

[Laura_and_IanM 0]

What happens if the I-129F gets approve and the I-130 still in process, will my husband be able to wait here in the US for the I-130 or will we have to star the process all over again in order for him to get a residency card????

I have read that some people go back to there country to have interview, however if he is able to leave Cuba with the K3, we don’t want to take any chances and have him go back, could he wait here for the residence card??

Hiya De & Al...your husband will be able to come to America on the K-3 visa and wait for the I-130. He will have to fly back for the I-130 interview in Cuba. That is what my husband and I intend on doing if the I-130 doesn't get approved before the K-3. Hope this answers your question..

LJ

[morocco4ever 63]

I'm not an expert in this area, but I believe if you don't want to return then you will need to do an adjustment of status in the US.

Edited July 9, 2006 by Morocco4ever

[De & Al 0]

I'm not an expert in this area, but I believe if you don't want to return then you will need to do an adjustment of status in the US.

That is my concern, it is not easy to be able to get a (carta Blanca) the approval to leave Cuba, he already got it ones, and know we are trying to get it one more time, I don’t think that we want to take the chance of a 3rd time, mean he was lucky the first time, and we are hoping that this 2 time it will be OK, Cuba is not like any other country it is harder for him to get the (carta blanca) then its for his to get his K3/I130 approved, there are people waiting for years to get there approval to leave Cuba.

[simple_male 1]

What happens if the I-129F gets approve and the I-130 still in process, will my husband be able to wait here in the US for the I-130 or will we have to star the process all over again in order for him to get a residency card????

I have read that some people go back to there country to have interview, however if he is able to leave Cuba with the K3, we don’t want to take any chances and have him go back, could he wait here for the residence card??

You have two options, if your husband comes to US while I-130 is still on the process.

1. Do Adjustment of status in USA. In this case, you have to let NVC know your intention.

2. He can go back to Cuba for his CR-1/IR-1 interview. In this case, he does not need to do Adjustment of status in USA.

[aussiewench 9]

What happens if the I-129F gets approve and the I-130 still in process, will my husband be able to wait here in the US for the I-130 or will we have to star the process all over again in order for him to get a residency card????

I have read that some people go back to there country to have interview, however if he is able to leave Cuba with the K3, we don’t want to take any chances and have him go back, could he wait here for the residence card??

You have a choice when one is in the US on a K-3.....

Applying for Immigrant Status

The K-3/4 nonimmigrant classification does not provide immigrant status. To obtain immigrant status --once in the United States -- a K-3 nonimmigrant must file a Form I-485 (Application for Adjustment to Permanent Residence). A K-4 nonimmigrant must have a Form I-130 filed on his/her behalf by his/her U.S. citizen parent/stepparent and must file a Form I-485. K-3/4 nonimmigrants will become lawful permanent residents and receive their Green Card when both the Form I-130 petition and their Form I-485 application have been approved.

K-3/4 non-immigrants may elect to apply for an immigrant visa instead of adjustment of status and may wait in the United States until they must appear at the consulate for their visa interview.

[meauxna 15]

What happens if the I-129F gets approve and the I-130 still in process, will my husband be able to wait here in the US for the I-130 or will we have to star the process all over again in order for him to get a residency card????

I have read that some people go back to there country to have interview, however if he is able to leave Cuba with the K3, we don’t want to take any chances and have him go back, could he wait here for the residence card??

Despite some of the confusing replies, if your husband gets out of Cuba on that K-3, he absolutely CAN apply to adjust his status from inside the US and not go back to Cuba. AOS is short for Adjustment of Status to Permanent Resident (residency/Green card).

I understand your concern!