Procedures after Approval

[pinaywife 0]

Hi!

My boyfriend (US Citizen) and I (Filipino citizen) got married here in the Philippines few years ago. He flew back to the US after the wedding and filed a I-130 petition FOR ME. Finally, the I-129F petition has been approved and the case has been forwarded by NVC to the U.S. Embassy here in the Philippines and I'm just waiting for the letter (forms, etc.) from them before I start working on the next procedures such as medical, police and interview appointment.

I understand that what I will obtain here is the K3 VISA (the one good for 2-years) which will allow me to enter the US as non-immigrant.

My questions are as follows:

1. Is it mandatory for me to go to the US and work on the AOS immediately? What about waiting for the actual I-130 approval prior to going to the US? That way I'll immediately be granted permanent residency upon arrival to the US without the requirement to file for an AOS.

2. Is the I-130 approval 100% sure? What kind of VISA will I obtain if it was approved?

My concern here is my inability to go and stay in the US due to some work responsibilities.

Thanks,

[Scott and Mhay 57]

You dont have to apply for AOS right away, but you do before the 2 years is up. How long have you been in the process of applying? I know everyone here says the IR-1 (immediate reletative) visa is about the same time as the K-3. You have been married for 2 years right? If that is the case then you would get a 10 year green card and be able to work right away if you persued the I-130 application.

As far as being 100% sure on the petition...nothing is 100% but people rarely get denied.

Please fill out your timeline so we know dates of your petition.

[pushbrk 13,043]

Hi!

My boyfriend (US Citizen) and I (Filipino citizen) got married here in the Philippines few years ago. He flew back to the US after the wedding and filed a I-130 petition FOR ME. Finally, the I-129F petition has been approved and the case has been forwarded by NVC to the U.S. Embassy here in the Philippines and I'm just waiting for the letter (forms, etc.) from them before I start working on the next procedures such as medical, police and interview appointment.

I understand that what I will obtain here is the K3 VISA (the one good for 2-years) which will allow me to enter the US as non-immigrant.

My questions are as follows:

1. Is it mandatory for me to go to the US and work on the AOS immediately? What about waiting for the actual I-130 approval prior to going to the US? That way I'll immediately be granted permanent residency upon arrival to the US without the requirement to file for an AOS.

2. Is the I-130 approval 100% sure? What kind of VISA will I obtain if it was approved?

My concern here is my inability to go and stay in the US due to some work responsibilities.

Thanks,

I suspect your I-130 is already approved. The common practice for three years has been to approve both the I-130 and I-129F the same day. You'll want to check on the status of your I-130. If already approved, you're probably better off ignoring the I-129F and just getting the IR1 visa that comes from following through with the I-130.

If you do obtain the K3 visa, there is no need to pursue AOS until later. If you don't file within a year of your K3 medical exam, you'll need a new one though.

[Married2aTico 0]

If you have been married for over two years, my suggestion is to process the I-130 thorugh NVC and scrap the I-129F. This will add some time to the process (maybe 1-2 months), but then you will come with a ten year visa.

Regardless of which route, bare in mind that both the K3 and GC allow for entry and departure from the USA, so no need for worries on that aspect.