K3 Change of Status while over seas?

[DLL66 0]

Hi Guys

My wife has an approved K3, we are actually in the states right now (We had a problem on entry but I'll leave that for another thread) but are planning on returning to Thailand in 3 weeks. I was going to apply for a change of status here but if it's possible I think it would be better to do it back in Thailand.

What is the procedure to do it while we are overseas?

Thank You

[Darnell 8,478]

I thought was impossible to apply for Adjustment of status whilst the foreign wife is overseas (ie - not in the usa)

If you have an approved K-3, suggest you make it for the appointment in Thailand.

LATER, once she is in the USA, if you want to adjust status -

File the I-485/pay 1010.

Maybe I'm missing a point? hei ! AFTER she comes into USA - her visa is activated, and she has 2 years to 'adjust status' to get a green card. Maybe this is what yer asking about? ya - is possible to FILE the paperwork , then, after first POE, if she is overseas at time of filing.

Good Luck ! (or something)

[DLL66 0]

I thought was impossible to apply for Adjustment of status whilst the foreign wife is overseas (ie - not in the usa)

If you have an approved K-3, suggest you make it for the appointment in Thailand.

LATER, once she is in the USA, if you want to adjust status -

File the I-485/pay 1010.

Maybe I'm missing a point? hei ! AFTER she comes into USA - her visa is activated, and she has 2 years to 'adjust status' to get a green card. Maybe this is what yer asking about? ya - is possible to FILE the paperwork , then, after first POE, if she is overseas at time of filing.

Good Luck ! (or something)

Your right, she has 2 years to apply for the green card. We planned to just come for a visit and apply later, but now I'm thinking that if possible we should just do it in Thailand. I just don't know how....

[SPSguy 18]

Your right, she has 2 years to apply for the green card. We planned to just come for a visit and apply later, but now I'm thinking that if possible we should just do it in Thailand. I just don't know how....

My wife and I both live in Cambodia now. We have had her K3 for over a year. I continued our I 130 petition throughout this time and have recently activated it for a CR1, we have just past our two year anniversary. So my intention is to apply for the cR1 and receive a greencard/social security card after arrival the next time we enter the U.S.

We did not want to adjust status in the U.S. for one of several reasons:

1. we both are living/working in Cambodia.

2. k3 got here into the U.S. faster ( at that time )

3. K3 had multiple entry privilege for two years without having to apply for re-entry permit, etc..

4. We had the I 130 approved simultaneously.

5. The cost to adjust in the U.S. $1030.

6. The cost for 130 process $470

7. Medical checkup and other fees are much lower in Cambodia

If this situation matches you, it's not a bad idea to proceed with I 130 while in thailand.

[DLL66 0]

My wife and I both live in Cambodia now. We have had her K3 for over a year. I continued our I 130 petition throughout this time and have recently activated it for a CR1, we have just past our two year anniversary. So my intention is to apply for the cR1 and receive a greencard/social security card after arrival the next time we enter the U.S.

We did not want to adjust status in the U.S. for one of several reasons:

1. we both are living/working in Cambodia.

2. k3 got here into the U.S. faster ( at that time )

3. K3 had multiple entry privilege for two years without having to apply for re-entry permit, etc..

4. We had the I 130 approved simultaneously.

5. The cost to adjust in the U.S. $1030.

6. The cost for 130 process $470

7. Medical checkup and other fees are much lower in Cambodia

If this situation matches you, it's not a bad idea to proceed with I 130 while in thailand.

This sounds like exactly what I want to do. What I don't understand is what's the next step? How do I continue with just the I 1-30 when we return to Thailand?

Thanks for all the help!

[SPSguy 18]

This sounds like exactly what I want to do. What I don't understand is what's the next step? How do I continue with just the I 1-30 when we return to Thailand?

Thanks for all the help!

Is your 130 approved?

When/if it is approved, you will receive a NOA informing you of such decision. You will want to call NVC as soon as approval and request your NVC # AND ALSO Identification Number for online access to make payments to NVC. NVC may not issue you the ID number immediately, and email to you instead. Soon after that ( 7-21 days ), NVC will send you a package consisting of DS 3032 for selection of agent and bill for affidavit of support.

I chose to send the ds 3032 by regular mail to NVC and made payments online. From that point on, you can follow the procedures at your own pace.

Pay for AOS online

Pay for IV bill online

Send AOS to NVC

Send DS 230 to NVC

When both are approved, NVC will schedule an appt for interview for CR1/IR1 visa at the Bankok embassy.

Yes, it's that easy!

The only difference between doing the 130 route after receiving a K3 visa and the adjustment of status route is that if you decide to adjust status you will need to notify NVC of your intent to adjust status. Otherwise, if your intention is to follow through with 130, just follow the steps outlined above.

Edited March 4, 2010 by SPSguy

[DLL66 0]

Is your 130 approved?

When/if it is approved, you will receive a NOA informing you of such decision. You will want to call NVC as soon as approval and request your NVC # AND ALSO Identification Number for online access to make payments to NVC. NVC may not issue you the ID number immediately, and email to you instead. Soon after that ( 7-21 days ), NVC will send you a package consisting of DS 3032 for selection of agent and bill for affidavit of support.

I chose to send the ds 3032 by regular mail to NVC and made payments online. From that point on, you can follow the procedures at your own pace.

Pay for AOS online

Pay for IV bill online

Send AOS to NVC

Send DS 230 to NVC

When both are approved, NVC will schedule an appt for interview for CR1/IR1 visa at the Bankok embassy.

Yes, it's that easy!

The only difference between doing the 130 route after receiving a K3 visa and the adjustment of status route is that if you decide to adjust status you will need to notify NVC of your intent to adjust status. Otherwise, if your intention is to follow through with 130, just follow the steps outlined above.

Wow, Thanks for all the help! I've actually done everything you mentioned above but I think that I need to call the NVC on Monday and tell them that I want to do. The 130 was approved last year and I also paid for the AOS and submitted all the forms. I will post what my out come is later.

Thank You!

[pushbrk 12,898]

Your right, she has 2 years to apply for the green card. We planned to just come for a visit and apply later, but now I'm thinking that if possible we should just do it in Thailand. I just don't know how....

The thing you do in Thailand is to obtain the immigrant spouse visa. Then the next time she enters the USA the status will be triggered and the green card produced and mailed. Contact the National Visa center when you're ready and continue the processing of your I-130 petition.

[DLL66 0]

The thing you do in Thailand is to obtain the immigrant spouse visa. Then the next time she enters the USA the status will be triggered and the green card produced and mailed. Contact the National Visa center when you're ready and continue the processing of your I-130 petition.

Thank You. I'm going to call them on Monday..

[DLL66 0]

My last post was way off! I thought that I was ahead of the game but I actually have more things to do. Here is where I’m at:

1) This week I paid my AOS fee online and received a confirmation Email with choice of agent form.

2) I sent in the choice of agent form via email (thanks for the great shortcut WIKI!) and received a confirmation email that it was accepted.

3) I then paid the iv fee online

I can’t find a lot of info on the site for my particular case so if you don’t mind I have a few more questions.

1) I want to send in my AOS this week. On the NVC pay site my payment is still “In Process”. When that status changes will I be able to print out a receipt to send with the AOS?

2) After I send the AOS I want to send my DS230. I do not have all of the original documents with me. They were all turned in with the K3 application (Yes, I have copys), do these stay with my file or do they need to be turned in again?

Thanks for all the help!

[pushbrk 12,898]

My last post was way off! I thought that I was ahead of the game but I actually have more things to do. Here is where I’m at:

1) This week I paid my AOS fee online and received a confirmation Email with choice of agent form.

2) I sent in the choice of agent form via email (thanks for the great shortcut WIKI!) and received a confirmation email that it was accepted.

3) I then paid the iv fee online

I can’t find a lot of info on the site for my particular case so if you don’t mind I have a few more questions.

1) I want to send in my AOS this week. On the NVC pay site my payment is still “In Process”. When that status changes will I be able to print out a receipt to send with the AOS?

2) After I send the AOS I want to send my DS230. I do not have all of the original documents with me. They were all turned in with the K3 application (Yes, I have copys), do these stay with my file or do they need to be turned in again?

Thanks for all the help!

When the payment status changes, you can print the cover sheet and mail your AOS and supporting documents. NVC had a problem over the weekend and payment processing seems to be delayed. Just keep checking.

I would call NVC and speak to a human about your original documents. They'll be expecting to see then at this stage and may not look to see they already have them.