Questions about AOS

[cschwa 0]

Hello,

I have so many questions about AOS. I thought after my wife arrived on her K3 visa it would be a simple process to adjust status but it is starting to look really complicated.

First, my wife has been here since March 8th and we are just starting to file. Can anyone forsee a problem with this? Anything special we need to do since we have waited so long?

Also, While filling out the I-485 we could not figure out some of the questions. Where do you locate the I-94#? Where do you locate the non-immigrant Visa#? What would be her current USCIS status (she did recieve her work permit if this makes a difference)? Also in part 2 it states, "I am applying for an adjustment to permanent resident status because." It does not give a K3 option. Which one should we select?

Sorry about all the questions. If someone could help that would be great.

Thanks,

Chris

[Dr_LHA 3]

First, my wife has been here since March 8th and we are just starting to file. Can anyone forsee a problem with this? Anything special we need to do since we have waited so long?

March 8th? I don't think you'll have a problem. Usually you won't have any issues unless you file 180+ days after the visa expires.

Also, While filling out the I-485 we could not figure out some of the questions. Where do you locate the I-94#?

On the white piece of cardboard stapled into her passport by the CBP officer when she entered the country.

Where do you locate the non-immigrant Visa#?

On the visa stamp in her passport.

What would be her current USCIS status (she did recieve her work permit if this makes a difference)?

K3 spouse

Also in part 2 it states, "I am applying for an adjustment to permanent resident status because." It does not give a K3 option. Which one should we select?

Option "A".

Edited August 6, 2006 by dr_lha

[cschwa 0]

Hello,

Thanks for the reply. I actually just got back to this document because we just finished collecting all of the support documents.

I asked the question below:

Also in part 2 it states, "I am applying for an adjustment to permanent resident status because." It does not give a K3 option. Which one should we select?

And the response was:

Option "A".

Why is it option A? It does not seem like option A applies to our situation with a K3 Visa.

[Dr_LHA 3]

Yeah, I know, it doesn't sound right but it is.

The whole point with option "A" is that in the old days you'd file I-130 first, wait for that to be approved, and then tick "A" and attach that approval. Now you filed I-130 and I-485 together, but you still tick "A". Note that wording about "immediately available immigrant visa number" - anyone who is married to a USC has an immediately available visa number, as opposed to people who get GCs other ways who have to wait.

Please feel free to not take my word on this, but this is what I believe to be the truth, as well as being what I did myself. Other opinions from people with K-3s will obviously be more help to you.

That said, I see you filed I-130 in 2005, what happened to that application?