Killing "immigrant visa petition" at NVC?

[ValentinesWedding 0]

My husband in in U.S. with valid K-3 non-immigrant visa and we just applied for AOS. Meanwhile, since 2009, I have been getting letters from the National Visa Center saying "we have received the immigrant visa petition that you filed on behalf of....". The letters give instructions for paying fees, etc. so NVC can continuing processing the petition (presumably for CR-1). However, we DON'T NEED the process to continue as my husband is adjusting his status in the United States as a K-3 non-immigrant visa holder.

I think I was under the mistaken impression that his I-130 papers would die automatically after he got his K-3 visa, as he was not going to pursue CR-1.

Unfortunately, because I was too lazy to figure out the whole process, I sent back a reply to one of those NVC letters a few months ago advising NVC NOT TO terminate his case (I thought they were contacting us about AOS, which we had yet to file at that time). So now they apparently think he will be applying for an immigrant visa.

Do we need to contact NVC immediately and advise them to terminate his immigrant visa petition? Or should we just let it die a natural death by not contacting them again? If we just ignore the NVC and do nothing, could it affect his AOS?

[YuAndDan 153]

Note: If I-130 were to die, there would be nothing for a K-3 t adjust status from.

Do not contact NVC about anything, saying terminate may just get it terminated, and then you will have NO approved I-130 to base an AOS on.

File I-485 to USCIS and attach a copy of I-130 approval notice to it, USCIS will contact NVC and recall the paperwork, so that they can process the AOS.

Why have you taken so long to adjust status?? You WILL be stuck with a FULL medical again to adjust statius.

Moving this to the AOS forum, it is not a topic about filing petitions for a K-3

[ValentinesWedding 0]

Why have you taken so long to adjust status?? You WILL be stuck with a FULL medical again to adjust statius.

Why we took this long to adjust status is complicated, but the main reason was because of our financial situation. We are within the legal time limits to file, however, and we have already completed all the medical requirements ("FULL medical") necessary for us to submit our I-485 (it's already done and mailed).

As to the discussion about NVC and I-130 petitions, your explanation is a bit circular, but your advice seems sound. I appreciate the reply.

What I'm a bit puzzled about now is my husband's new status. Everything I've read (and there wasn't much to find on the topic), suggests that now that he has submitted his AOS paperwork, he is "pending adjustment of status." He will be considered legal even if his green card has not been approved by the time his K-3 visa expires (in April 2011). We are NOT filing an I-549 Extension of Nonimmigrant Status because it does not apply to our situation (as he is not waiting for processing of an "immigrant visa" based on his approvied I-130 application).

Do you have any suggestions on how we may explain later to my husband's employer that even though his visa is expiring (as of April 2011), he will still be legal and "pending adjustment of status"? (We have, by the way, already applied for an extension of his EAD, so he should have a valid and up-to-date EAD despite his expired K-3 visa.)

Also, we probably will file the I-131 for Advance Parole, so he will have the option to travel home if there is some grave family emergency. In that situation, he could conceivably be re-entering the U.S. with an EXPIRED K-3 visa and approved Advance Parole documents. How do you think the immigration agents at the port-of-entry would react?

[marriedtomrg 141]

Di your husband apply for the renewal of his EAD? He can do so even if his current one is valid...this way he can have his work authorization extended without worry about what his employer would think.

Again, his visa has no bearing on his status at this moment...his I-94 does...and since he has an AOS application pending, his status is still legal until a decision about his green card becomes final. He will also remain authorized to work as long as he has a valid EAD.

He cannot re-enter the U.S. with an expired K3 visa, even if she showed proof of an ongoing AOS and an approved AP. Best for him to wait for his green card to arrive before making any kind of travel plans.

Why we took this long to adjust status is complicated, but the main reason was because of our financial situation. We are within the legal time limits to file, however, and we have already completed all the medical requirements ("FULL medical") necessary for us to submit our I-485 (it's already done and mailed).

As to the discussion about NVC and I-130 petitions, your explanation is a bit circular, but your advice seems sound. I appreciate the reply.

What I'm a bit puzzled about now is my husband's new status. Everything I've read (and there wasn't much to find on the topic), suggests that now that he has submitted his AOS paperwork, he is "pending adjustment of status." He will be considered legal even if his green card has not been approved by the time his K-3 visa expires (in April 2011). We are NOT filing an I-549 Extension of Nonimmigrant Status because it does not apply to our situation (as he is not waiting for processing of an "immigrant visa" based on his approvied I-130 application).

Do you have any suggestions on how we may explain later to my husband's employer that even though his visa is expiring (as of April 2011), he will still be legal and "pending adjustment of status"? (We have, by the way, already applied for an extension of his EAD, so he should have a valid and up-to-date EAD despite his expired K-3 visa.)

Also, we probably will file the I-131 for Advance Parole, so he will have the option to travel home if there is some grave family emergency. In that situation, he could conceivably be re-entering the U.S. with an EXPIRED K-3 visa and approved Advance Parole documents. How do you think the immigration agents at the port-of-entry would react?

[ValentinesWedding 0]

Di your husband apply for the renewal of his EAD? He can do so even if his current one is valid...

He cannot re-enter the U.S. with an expired K3 visa, even if she showed proof of an ongoing AOS and an approved AP. Best for him to wait for his green card to arrive before making any kind of travel plans.

He already has applied to renew his EAD.

His K-3 visa expires in April 2011. If I understand the process correctly (as you have interpreted it), he could travel outside the U.S. and return before his K-3 expires IF he has Advance Parole. After the visa expires, he must remain in the U.S. to hear the outcome of his AOS application.

Anyone else have knowledge of similar situation?

[marriedtomrg 141]

Let me correct myself...I realize he is a K3 visa holder. K3 visa is a multiple entry visa...so he may re-enter the U.S. without needing an AP up to April 2011. After his visa expires, it's recommended that he remain in the US until his green card is approved.

He already has applied to renew his EAD.

His K-3 visa expires in April 2011. If I understand the process correctly (as you have interpreted it), he could travel outside the U.S. and return before his K-3 expires IF he has Advance Parole. After the visa expires, he must remain in the U.S. to hear the outcome of his AOS application.

Anyone else have knowledge of similar situation?

[Harpa Timsah 13,258]

He already has applied to renew his EAD.

His K-3 visa expires in April 2011. If I understand the process correctly (as you have interpreted it), he could travel outside the U.S. and return before his K-3 expires IF he has Advance Parole. After the visa expires, he must remain in the U.S. to hear the outcome of his AOS application.

Anyone else have knowledge of similar situation?

AP is valid even if the visa is expired. Think of a K-1 visa case. The entrant enters on K-1, which is a one-time use visa. They can travel on approved AP after both the visa and the I-94 have expired. That is the whole point of AP - to allow you to travel while you have AOS pending if you have no other way of traveling. He would not be entering on an expired K-3 visa, he would be entering ON Advance Parole. While K-3 is still valid, no need for AP at all.