if we grant the K3 Visa

[Rap & Bhabes 1]

hello,

just a clarification.. if ever our I 129F is approved first and then i go to US, while im already in the US our I 130 is approved also wat step do we do? apply the AOS or abandon the K3 visa and get my I 130? do i need to be interview again and get back to my home country? Plss need and answer tnx

[Penguin_ie 5,993]

In the extremely unlikely event that you get a K3 (which is obsolete and usually gets killed at NVC stage) and come to the US, you usually then get a choice; continue on the K3 path and do AOS, or go back to your home country for a CR-1 interview. Usually, AOS is cheaper (as no airfare), plus there is a tiny chance of getting denied the CR-1 and then there could be trouble. I think we only had one case of that on here in my time on this site though.

[marriedtomrg 141]

Usually both the I-130 and I-129F are approved at the same time.

If you pursue the K3, the non-USC spouse cannot work or do much of anything else until AOS+EAD are filed and approved. when you choose to go this route, you will have to see the entire process through. It is impractical to chose this route then turn around and go CR1...the spouse would already be in the U.S...why go back?

If you pursue CR1 (not I-130...I-130 is the petition that initiates/starts a K3 or CR1 visa application), when the non-USC spouse arrives in the US, s/he is already entitled to the conditional green card. No AOS+EAD required anymore.

In both cases, however, the non-USC spouse would need to file for removal/lifting of conditions (ROC). (Am assuming you both have been married to less than 2 years?)

I don't know what your plans are after your spouse lands in the US, but the K3 has a lot of limitations in terms of adjustment...depending on the state where you live, the non-USC spouse can't apply for a driver's license, can't be included in a bank account, if the spouse wants to go back to school they pay full price for tuition because they are not qualified for any financial aid...and the list goes on.

You wait a little longer to get a CR1 visa but the adjustment benefits far outweigh the K3; your spouse hits the ground running when s/he lands.

We chose the K3/K4 process for our own reasons, and we have no regrets. But I have to acknowledge the transition was hard because there were certain things I couldn't do when I wanted to do them. On the upside, I spent the first 3 months just trying to enjoy our new home.

hello,

just a clarification.. if ever our I 129F is approved first and then i go to US, while im already in the US our I 130 is approved also wat step do we do? apply the AOS or abandon the K3 visa and get my I 130? do i need to be interview again and get back to my home country? Plss need and answer tnx

[Rap & Bhabes 1]

hi

tnx for the info:-)Im the non USC spouse...my husband is the USC, our application is K3, as we can see in the Processing timeline, our papers already processed maybe its already in the NVC and were only waiting for the NOA2 of I 129 to arrive... and oUr I 130 is nearly in the processing time it is 1week late as to the I 129F in terms of processing, pls give us some advice if we were close the I129F and just wait for the I 130?

[marriedtomrg 141]

Again, it depends on what you can live with. That would be your decision...I described what would happen if you pursued the CR1 (meaning you forget about the I-129F and wait for the I-130 to be approved), or if you went ahead with K3 (the thing is, this is probably off the table already...more than likely, NVC will close the I-129F once they receive it).

hi

tnx for the info:-)Im the non USC spouse...my husband is the USC, our application is K3, as we can see in the Processing timeline, our papers already processed maybe its already in the NVC and were only waiting for the NOA2 of I 129 to arrive... and oUr I 130 is nearly in the processing time it is 1week late as to the I 129F in terms of processing, pls give us some advice if we were close the I129F and just wait for the I 130?