Help on K3 AOS I-485

[Jim-n-Bennie 0]

Hi All,

My wife Bennie arrived in the US on 30 June on a K3. We are now just starting the AOS process. I am hoping some of you may have experience with K3 AOS and can help with the following questions:

Is there any process for abondaning the I-130 (CR-1)? Any forms to fill out?

On the I-485:

1) We do not have an A# that I know of. At least I can not find on any documentation that we have. Am I missing something?

2) We filled out a I-94 but immigration just took it away from Bennie and there is nothing stapled in her passport. What do we put for "I-94#"?

3) What should we put for "Current USCIS Status"?

4) What do we put for "Were you inspected by a U.S. Immigration Officer?" She was interviewed at POE. Would this warrant a yes?

5) What do we put for "In what status did you last enter?" they do not mention K-3 here......should we just write in K-3?

Thanks for any help you can provide!

Jim

[buzz17 0]

Choose which way to go either CRI where your wife will go back to her country for the interview or 485 here in the USA. My wife came on k3 and changed from proceeding with the CRI which was underway to 485,which is less expensive and it took only 75 days to get her GC. If she came on K3 thats her USCIS status now. Did they stamp in her passort? If so its wierd that the 1-94 wasnot given,you should be specific with that and say the POE didnot give. If your wife was legally allowed into the USA at the POE then you were inspected,you say yes. and the entry is on K3 of course. The A# must be on that 1-797 NOA,because before they process your application thats the reference #.

I would suggest that you make an infopass and or a walk-in, go and talk to the IO face to face before you send in your 1-485 AOS to Chicago, about the 1-94,as its very important piece of immigration procedure. Thats why if it gets lost you have to reapply for another copy. If you are still in the same city where your wife POE then go to the office there and iron out that,which would be easy to trace how it went about,waiting more would not sound good. This my own experience but other VJ might have a more thorough help. Keep this post up.

[Reba 2]

1) We do not have an A# that I know of. At least I can not find on any documentation that we have. Am I missing something?

Its on the K3 visa that is stamped in her passport.

2) We filled out a I-94 but immigration just took it away from Bennie and there is nothing stapled in her passport. What do we put for "I-94#"?

I think you'll have to call the immigratin office at the POE where she entered. That I-94 should have been stapled into her passport and kept there until she recieved her Green Card.

3) What should we put for "Current USCIS Status"?

K3

4) What do we put for "Were you inspected by a U.S. Immigration Officer?" She was interviewed at POE. Would this warrant a yes?

that's a Yes

5) What do we put for "In what status did you last enter?" they do not mention K-3 here......should we just write in K-3?

just write it in

[Yodrak 7]

Jim,

Start out by learning the difference between a petition and a visa. You do not want to abandon the I-130 petition, it's required for a K3 to adjust status.

1. There may be an A# on the Receipt Notices or Approval Notices for the petitions, it may be on the visa (but only from some consulates), and it may be on the I-94 or in the passport with the entry stamp.

2. Good question. The CBP should have kept only a portion of the I-94 (the Arrival section).

3. K3 non-immigrant?

4. Yes.

5. Yes.

Yodrak

Hi All,

My wife Bennie arrived in the US on 30 June on a K3. We are now just starting the AOS process. I am hoping some of you may have experience with K3 AOS and can help with the following questions:

Is there any process for abondaning the I-130 (CR-1)? Any forms to fill out?

On the I-485:

1) We do not have an A# that I know of. At least I can not find on any documentation that we have. Am I missing something?

2) We filled out a I-94 but immigration just took it away from Bennie and there is nothing stapled in her passport. What do we put for "I-94#"?

3) What should we put for "Current USCIS Status"?

4) What do we put for "Were you inspected by a U.S. Immigration Officer?" She was interviewed at POE. Would this warrant a yes?

5) What do we put for "In what status did you last enter?" they do not mention K-3 here......should we just write in K-3?

Thanks for any help you can provide!

Jim

Reba,

No, it is not.

Yodrak

1) We do not have an A# that I know of. At least I can not find on any documentation that we have. Am I missing something?

Its on the K3 visa that is stamped in her passport.

.....

[Jim-n-Bennie 0]

Thanks Buzz, Reba and Yodrak.....really appreciate the help!

I found the A# on the I-797NOA approval letter

It appears I need to fill out an I-102 and submit $160 payment to get a 'replacement' I-94.....even though I am 100% certain the POE folks did not give this back to Bennie (I was with her)

Yodrak, I believe I understand what you are saying about petition vs. visa......however, I have in my hands:

1) a Choice of Agent and Address Form sent to Bennie in Thailand asking her to complete an attached DS-3032

2) an Affadavit of Support Fee Bill ($70) sent to myself here in CA

Is there any need for me to complete either of these? Am I required to formally let NVC know I am pursuing an AOS for K3 as opposed to completing the original CR-1 route?

Thanks again all,

Jim

[Yodrak 7]

Jim,

If Bennie is not going to apply for an immigrant visa then you do not want to pay the I-864 processing fee or the immigrant visa processing fee to the NVC. Bennie should return the DS-3032 to the NVC with a note saying that she is in the USA as a K3 and will (or has, as the case may be) apply to adjust status.

Yodrak

Thanks Buzz, Reba and Yodrak.....really appreciate the help!

I found the A# on the I-797NOA approval letter

It appears I need to fill out an I-102 and submit $160 payment to get a 'replacement' I-94.....even though I am 100% certain the POE folks did not give this back to Bennie (I was with her)

Yodrak, I believe I understand what you are saying about petition vs. visa......however, I have in my hands:

1) a Choice of Agent and Address Form sent to Bennie in Thailand asking her to complete an attached DS-3032

2) an Affadavit of Support Fee Bill ($70) sent to myself here in CA

Is there any need for me to complete either of these? Am I required to formally let NVC know I am pursuing an AOS for K3 as opposed to completing the original CR-1 route?

Thanks again all,

Jim

[Reba 2]

when our I-130 was approved and I was here in the US with my K3, we sent a letter to NVC to let them know I am persuing AOS and did not wish to return to my home country for the IR1. They will transfer the I-130 to your district office.

Yodrak, what's not what? The A# is not in the passport? And yet just above that you say that it may be. Make up your mind

My A# is in my passport, on the visa.

[Yodrak 7]

Reba,

Some consulates put the A# in the comments section of the visa, some do not.

Yours did. Bennie's did not.

Yodrak

when our I-130 was approved and I was here in the US with my K3, we sent a letter to NVC to let them know I am persuing AOS and did not wish to return to my home country for the IR1. They will transfer the I-130 to your district office.

Yodrak, what's not what? The A# is not in the passport? And yet just above that you say that it may be. Make up your mind

My A# is in my passport, on the visa.

[Jim-n-Bennie 0]

Hi Yodrak, Reba and others;

Another quick question. I will be traveling to Singapore on a 2 week business trip at the end of this month. I am hoping to take Bennie with me. Her visa is a K-3, which I believe permits multiple re-entries. Since she did not get the I-94 stapled to her passport when she first arrived in late June, do you know if she will have any trouble leaving and returning to the US?

Thanks gang,

Jim