Some advice about K-3/AOS

[tokyo-otoko 0]

Hi all, I'd appreciate a little advice from those of you who are knowledgeable about the visa process.

My wife (Thai) and I live in Japan. She currently has a US K-3 visa that expires at the end of September. We may be moving back to the US permanently, though I'm not sure exactly when - maybe within the next 1-2 years. I'd like to switch her over to a green card, but I'm trying to figure out the best way to do it.

1. Go to the US and apply for an AOS there. However, I know this take time and I'm not sure if she wants to wait around in the US for 3-4 months while I am working in Japan and her AOS is pending.

2. Or start a new green card application in Thailand. I've read the consular processing for the green card can actually be faster, but would we have to wait until her current visa expires, and is there any danger/risk in letting that one expire and then applying for the green card from scratch?

She's already been in and out of the US 3 times on her K-3 visa without any problems.

Thanks in advance for any comments and advice!

[rsn 135]

Hi all, I'd appreciate a little advice from those of you who are knowledgeable about the visa process.

My wife (Thai) and I live in Japan. She currently has a US K-3 visa that expires at the end of September. We may be moving back to the US permanently, though I'm not sure exactly when - maybe within the next 1-2 years. I'd like to switch her over to a green card, but I'm trying to figure out the best way to do it.

1. Go to the US and apply for an AOS there. However, I know this take time and I'm not sure if she wants to wait around in the US for 3-4 months while I am working in Japan and her AOS is pending.

2. Or start a new green card application in Thailand. I've read the consular processing for the green card can actually be faster, but would we have to wait until her current visa expires, and is there any danger/risk in letting that one expire and then applying for the green card from scratch?

She's already been in and out of the US 3 times on her K-3 visa without any problems.

Thanks in advance for any comments and advice!

Simply wait 3-4 months until you plan on moving back to the U.S. and then filing an I-130 directly with the U.S. consular in Japan, assuming you both qualify as residents of Japan. Unless you are already employed in the U.S. or in a position that you will be able to keep when you relocate to the U.S., (or if you have significant assets) you will need to find a co-sponsor as well. Read the DCF guide here for more info.

[pushbrk 12,898]

Simply wait 3-4 months until you plan on moving back to the U.S. and then filing an I-130 directly with the U.S. consular in Japan, assuming you both qualify as residents of Japan. Unless you are already employed in the U.S. or in a position that you will be able to keep when you relocate to the U.S., (or if you have significant assets) you will need to find a co-sponsor as well. Read the DCF guide here for more info.

Anybody with a K3 visa in hand, already has an approved I-130, so no need to file a new one abroad. She can either file to extend her K3 and then adjust status after moving to the USA or request NVC to begin Consular Processing of the previously approved I-130. If it's been more than a year since contacting NVC, then contact USCIS and file to have the I-130 moved to NVC using the I-824 form.

[tokyo-otoko 0]

Anybody with a K3 visa in hand, already has an approved I-130, so no need to file a new one abroad. She can either file to extend her K3 and then adjust status after moving to the USA or request NVC to begin Consular Processing of the previously approved I-130. If it's been more than a year since contacting NVC, then contact USCIS and file to have the I-130 moved to NVC using the I-824 form.

Thanks to both of you for the answers. Below is my sequence of events:

2009/04/15, Receipt Notice for I-130;

2009/05/27, Receipt Notice for I-129F;

2009/08/07, Approval Notice for I-129F;

2009/08/07, Approval Notice for I-130;

2009/09/29, K-3 Visa Issued in Bangkok;

So, yes, it's been more than a year since I've contacted the NVC, so the best approach for me is to file an I-824 and check Box D in Part 2 ("USCIS to send my approved visa petition to the NVC")?

After that I just tell the NVC that I want to start consular processing? I assume there is a form for that? And would that be done in Bangkok since the original one was done there?

Thanks again for the info!

[pushbrk 12,898]

Thanks to both of you for the answers. Below is my sequence of events:

2009/04/15, Receipt Notice for I-130;

2009/05/27, Receipt Notice for I-129F;

2009/08/07, Approval Notice for I-129F;

2009/08/07, Approval Notice for I-130;

2009/09/29, K-3 Visa Issued in Bangkok;

So, yes, it's been more than a year since I've contacted the NVC, so the best approach for me is to file an I-824 and check Box D in Part 2 ("USCIS to send my approved visa petition to the NVC")?

After that I just tell the NVC that I want to start consular processing? I assume there is a form for that? And would that be done in Bangkok since the original one was done there?

Thanks again for the info!

USCIS acting on your I-824 will tell NVC you want Consular processing. It can be in country of citizenship or residence, so just tell NVC where she's a resident at the time you're ready. Once the visa is issued, she'll have six months to use it. Once used, she'll receive IR1 status and a ten-year green card. You'll also want to Google, "maintaining permanent resident status US".

[tokyo-otoko 0]

USCIS acting on your I-824 will tell NVC you want Consular processing. It can be in country of citizenship or residence, so just tell NVC where she's a resident at the time you're ready. Once the visa is issued, she'll have six months to use it. Once used, she'll receive IR1 status and a ten-year green card. You'll also want to Google, "maintaining permanent resident status US".

Hi, I'm hoping that pushbrk is still around to answer my questions.

Above you mentioned extending my wife's K3 visa. Can you enlighten me on the process to do that?

Thanks!

[Darnell 8,478]

an entry into the USA, after first POE on a K-3, can sometimes get another 'I-94 ' thingie, with a different duration and date on it, thus 'extending' the K-3 -

I've seen it go from 2 months to another 2 years - it all depends on the CBP officer's knowledge of 'what he sees' in yer passport.

[no, I'm not push, nor do I play him on TV]

[pushbrk 12,898]

Hi, I'm hoping that pushbrk is still around to answer my questions.

Above you mentioned extending my wife's K3 visa. Can you enlighten me on the process to do that?

Thanks!

I'm afraid I've never seen anybody do it but I think it is done through USCIS, only AFTER the visa has been used to enter the USA. A new I-94 is issued upon any use of the visa to enter the USA but an I-94 is an indicator of how long one has status INSIDE the USA. The visa itself is used to ENTER the USA and an expired visa is no good for ENTRY. For example, I'm familiar with a K3 visa holder who entered the USA for the first time, this month but her visa expires within thirty days of her entry. Instead of an I-94 good for two years, hers expires in November. However, once her visa expiration date passes, she cannot use that visa to enter the USA again. She needs to STAY in the USA until she completes her adjustment of status.

Your viable options, as I see it are (1a and 1b) for your wife to enter the USA and then either adjust status or apply to extend her K3 visa. Or, 2, obtain an IR1 visa.

[tokyo-otoko 0]

I'm afraid I've never seen anybody do it but I think it is done through USCIS, only AFTER the visa has been used to enter the USA. A new I-94 is issued upon any use of the visa to enter the USA but an I-94 is an indicator of how long one has status INSIDE the USA. The visa itself is used to ENTER the USA and an expired visa is no good for ENTRY. For example, I'm familiar with a K3 visa holder who entered the USA for the first time, this month but her visa expires within thirty days of her entry. Instead of an I-94 good for two years, hers expires in November. However, once her visa expiration date passes, she cannot use that visa to enter the USA again. She needs to STAY in the USA until she completes her adjustment of status.

Your viable options, as I see it are (1a and 1b) for your wife to enter the USA and then either adjust status or apply to extend her K3 visa. Or, 2, obtain an IR1 visa.

Thanks! Actually, before you gave me some advice on filing a I-824 to reactivate my original green card petition. Since my wife is currently back in Bangkok and will be there for the next sevral months, I think this might be a better route.

I called the nice folks at the NVC, and they were actually able to reactivate the petition without having to file an I-824.

Thanks again to everyone for the input!

[Darnell 8,478]

very cool ! you got the I-130 'opened up' at NVC for further IR-1/CR-1 processing? IMO - this is one of the better routes to take.

[tokyo-otoko 0]

very cool ! you got the I-130 'opened up' at NVC for further IR-1/CR-1 processing? IMO - this is one of the better routes to take.

Yes, I got it by email without any paperwork. The NVC told me that now that my I-130 is activated again, I have 1 year to act on it and continue the process. They also told me that the expiration of the K3 visa has no bearing on the original I-130 petition.

[pushbrk 12,898]

Yes, I got it by email without any paperwork. The NVC told me that now that my I-130 is activated again, I have 1 year to act on it and continue the process. They also told me that the expiration of the K3 visa has no bearing on the original I-130 petition.

They told you correctly. That's great. Now you have the best possible option available to you, the IR1 visa.