K3 & AOS question

[pushbrk 12,876]

Thanks for all the responses, its always useful to get additional information from folks here. Were going to file the EAD and do the AOS before the visa expires in 2011. In the long run it'll only save us a couple of hundred but we'll save spending more time with USCIS. Thanks again & enjoy the weekend!

I'd file the AOS about three months before your two-year wedding anniversary. You could check the current timelines for your local office and potentially file even earlier than that. We also waited for the same purpose but filed in late July, 07 to avoid the fee increase. Marriage was December 1 but AOS interview was 7 January 21. The timing depends on how fast your local office is because the case will eventually end up there.

[SRA 0]

Not sure if someone already thought of this, but we have to keep in mind the approved I-130. See, in order to do AOS, you must have a pending/approved I-130 (for your case, the I-130 is approved). Since you are waiting for your second marriage anniversary to file the AOS, will USCIS keep your approved I-130 on file for that long? You don't want to file another I-130 and have to pay fees again. Anyone know what the law is? How long does USCIS keep the I-130?

Thanks for all the responses, its always useful to get additional information from folks here. Were going to file the EAD and do the AOS before the visa expires in 2011. In the long run it'll only save us a couple of hundred but we'll save spending more time with USCIS. Thanks again & enjoy the weekend!

[pushbrk 12,876]

Not sure if someone already thought of this, but we have to keep in mind the approved I-130. See, in order to do AOS, you must have a pending/approved I-130 (for your case, the I-130 is approved). Since you are waiting for your second marriage anniversary to file the AOS, will USCIS keep your approved I-130 on file for that long? You don't want to file another I-130 and have to pay fees again. Anyone know what the law is? How long does USCIS keep the I-130?

Thanks for all the responses, its always useful to get additional information from folks here. Were going to file the EAD and do the AOS before the visa expires in 2011. In the long run it'll only save us a couple of hundred but we'll save spending more time with USCIS. Thanks again & enjoy the weekend!

Yes, they keep the approved I-130 forever, so no worries there. However, if the AOS filing occurs more than a year after the medical was done, a new medical will be needed. Sometimes you end up needing one anyway.

[Thai family 0]

You're always welcome to learn from our K-3 mistakes. The kids filed AOS trying to avoid redoing the medical and hoping the interview would be after their two year anniversary. It seems the processing has speeded up and the interview is scheduled much earlier than expected. Arrrgghh!!. We looked at processing times carefully prior to making this decision. I would vote for erring on the side of having to repeat the medical rather than having to deal with removal of conditions. The way things are going, I wouldn't send in the AOS paperwork any earlier than six weeks prior to your second anniversary. For the medical you do not have to repeat vaccinations you've had if you have the records. In my wildest dreams I never thought I'd be complaining about their speedy processing!

-Thai Mom

[prince+angel 3]

Not sure if someone already thought of this, but we have to keep in mind the approved I-130. See, in order to do AOS, you must have a pending/approved I-130 (for your case, the I-130 is approved). Since you are waiting for your second marriage anniversary to file the AOS, will USCIS keep your approved I-130 on file for that long? You don't want to file another I-130 and have to pay fees again. Anyone know what the law is? How long does USCIS keep the I-130?

Thanks for all the responses, its always useful to get additional information from folks here. Were going to file the EAD and do the AOS before the visa expires in 2011. In the long run it'll only save us a couple of hundred but we'll save spending more time with USCIS. Thanks again & enjoy the weekend!

Yes, they keep the approved I-130 forever, so no worries there. However, if the AOS filing occurs more than a year after the medical was done, a new medical will be needed. Sometimes you end up needing one anyway.

Ok this is good to know because when we do file our AOS, the medical exam will expire approximately before we have the interview due to our local office being several months behind.

[pushbrk 12,876]

Not sure if someone already thought of this, but we have to keep in mind the approved I-130. See, in order to do AOS, you must have a pending/approved I-130 (for your case, the I-130 is approved). Since you are waiting for your second marriage anniversary to file the AOS, will USCIS keep your approved I-130 on file for that long? You don't want to file another I-130 and have to pay fees again. Anyone know what the law is? How long does USCIS keep the I-130?

Thanks for all the responses, its always useful to get additional information from folks here. Were going to file the EAD and do the AOS before the visa expires in 2011. In the long run it'll only save us a couple of hundred but we'll save spending more time with USCIS. Thanks again & enjoy the weekend!

Yes, they keep the approved I-130 forever, so no worries there. However, if the AOS filing occurs more than a year after the medical was done, a new medical will be needed. Sometimes you end up needing one anyway.

Ok this is good to know because when we do file our AOS, the medical exam will expire approximately before we have the interview due to our local office being several months behind.

Words have meaning. It doesn't matter if the medical is more than a year old when the AOS is complete. What matters is that it isn't more than a year old when you file. That's why I wrote "filing".

[purepeace 0]

Forgive me if this question isn't posted in the correct forum but I have a quick question. The k3 stamp in my husbands passport is valid until 06/25/2011, does that mean we have up to 90 days before that expiration date to file AOS or does it have to be filed in the next 12 months (by 06/25/2010)? I checked the guides & I'm just not too sure. Many here on VJ file shortly after their spouse arrives.

This way I figure we could bypass getting the temp conditional card & bypass paying to remove conditions 2 years later.

Thank you ...Stacy

It must be filed before the VISA expires. Most of us filed right away because the process took so long for our spouses to get here, that by the time you get your approvals and appointment for an interview, you'll probably have been married for the 2 years required for AOS to be permanent. Also, I believe you must file in order to get a work permit. Hope this helps!

[prince+angel 3]

Your right & thanks!

Not sure if someone already thought of this, but we have to keep in mind the approved I-130. See, in order to do AOS, you must have a pending/approved I-130 (for your case, the I-130 is approved). Since you are waiting for your second marriage anniversary to file the AOS, will USCIS keep your approved I-130 on file for that long? You don't want to file another I-130 and have to pay fees again. Anyone know what the law is? How long does USCIS keep the I-130?

Thanks for all the responses, its always useful to get additional information from folks here. Were going to file the EAD and do the AOS before the visa expires in 2011. In the long run it'll only save us a couple of hundred but we'll save spending more time with USCIS. Thanks again & enjoy the weekend!

Yes, they keep the approved I-130 forever, so no worries there. However, if the AOS filing occurs more than a year after the medical was done, a new medical will be needed. Sometimes you end up needing one anyway.

Ok this is good to know because when we do file our AOS, the medical exam will expire approximately before we have the interview due to our local office being several months behind.

Words have meaning. It doesn't matter if the medical is more than a year old when the AOS is complete. What matters is that it isn't more than a year old when you file. That's why I wrote "filing".

[prince+angel 3]

Forgive me if this question isn't posted in the correct forum but I have a quick question. The k3 stamp in my husbands passport is valid until 06/25/2011, does that mean we have up to 90 days before that expiration date to file AOS or does it have to be filed in the next 12 months (by 06/25/2010)? I checked the guides & I'm just not too sure. Many here on VJ file shortly after their spouse arrives.

This way I figure we could bypass getting the temp conditional card & bypass paying to remove conditions 2 years later.

Thank you ...Stacy

It must be filed before the VISA expires. Most of us filed right away because the process took so long for our spouses to get here, that by the time you get your approvals and appointment for an interview, you'll probably have been married for the 2 years required for AOS to be permanent. Also, I believe you must file in order to get a work permit. Hope this helps!

Thanks purepeace! Just a side note, you dont need to file AOS to get the EAD (work permit). Were only taking this path so that after we file for AOS, we wont have to deal with USCIS again until my hubby files for citizenship (if he decides to) & to avoid the removing/lifting conditions fee. All the best in your K3 process!