K-3 expired before AOS was filed

[Nik+Heather 121]

Hey guys,

The linked thread below isn't very descriptively titled, so I was hoping I could bring it to the attention of someone who knows more about K-3's than those of us who lurk in the AOS forum.

http://www.visajourney.com/forums/topic/247698-i-485-part-2-question/

Since the K-3 expired before they completed AOS, do they have to concurrently file I130? Warned about possible overstay time accrued, etc? It would probably be best for the OP to respond in the linked thread rather than here.

[pushbrk 12,882]

Hey guys,

The linked thread below isn't very descriptively titled, so I was hoping I could bring it to the attention of someone who knows more about K-3's than those of us who lurk in the AOS forum.

http://www.visajourney.com/forums/topic/247698-i-485-part-2-question/

Since the K-3 expired before they completed AOS, do they have to concurrently file I130? Warned about possible overstay time accrued, etc? It would probably be best for the OP to respond in the linked thread rather than here.

Of course they don't file a new I-130. Any K3 visa holder already has a filed and probably approved I-130 petition. They just file AOS. The expired visa only means they need to remain in the USA until they have their green card. Visas are only used to ENTER the USA.

[Darnell 8,478]

push, sorry, that's not entirely the case.

PPL who were out of status, on the K-3, have had to file the I-130 in conjuction with the I-485. It's not consistent though (which bothers me, a bit).

[lucyrich 20]

push, sorry, that's not entirely the case.

PPL who were out of status, on the K-3, have had to file the I-130 in conjuction with the I-485. It's not consistent though (which bothers me, a bit).

If they've got an approved I-130 which hasn't expired, then they should be able to check box 1 and include the approval notice. And they had to file the I-130 in order to get the K-3.

I don't know how long an approved I-130 is good for, though. I'm not even sure if it's got an expiration date, though I assume it has some sort of finite lifetime after which it's no good, and a new I-130 would have to be filed if you wanted to adjust status. In all the cases I'm familiar with, people want to use it ASAP, so expiration doesn't become an issue.

[pushbrk 12,882]

If they've got an approved I-130 which hasn't expired, then they should be able to check box 1 and include the approval notice. And they had to file the I-130 in order to get the K-3.

I don't know how long an approved I-130 is good for, though. I'm not even sure if it's got an expiration date, though I assume it has some sort of finite lifetime after which it's no good, and a new I-130 would have to be filed if you wanted to adjust status. In all the cases I'm familiar with, people want to use it ASAP, so expiration doesn't become an issue.

Considering that it's the same I-130 used for relatives of LPR's or non-immediate relatives of USC's, you can be assured the approval doesn't expire in less than ten years. It's NOT an I-129F.

[elmcitymaven 9,712]

From what I have gathered over the years, an I-130 should not expire unless one of the events in 8 CFR Part 205 occurs. This doesn't mean application is consistent, considering Darnell's comments.

[jamesfreddyc 0]

Of course they don't file a new I-130. Any K3 visa holder already has a filed and probably approved I-130 petition. They just file AOS. The expired visa only means they need to remain in the USA until they have their green card. Visas are only used to ENTER the USA.

This is correct. We were married in Colombia, applied for the K3 visa and recieved an approved I130. Basically, you are exactly right: we need to just file AOS! In the other thread I was also asking (per the post title) which box to check for Part2 on the I485 because I didn't see any language that suggested our specific situation (K3 filing for AOS) --- But I see in a post on this thread that I just need to check box 1.

Thanks for the comments!

Take Care,

james

[jamesfreddyc 0]

If they've got an approved I-130 which hasn't expired, then they should be able to check box 1 and include the approval notice. And they had to file the I-130 in order to get the K-3.

I don't know how long an approved I-130 is good for, though. I'm not even sure if it's got an expiration date, though I assume it has some sort of finite lifetime after which it's no good, and a new I-130 would have to be filed if you wanted to adjust status. In all the cases I'm familiar with, people want to use it ASAP, so expiration doesn't become an issue.

I just looked on our I-130 and there is no language that suggests an expiration date.

Thanks for the tip about checking Box 1 on the I-485, as this was one of the things I was confused on and prompted my original post.

Thank You!

James