k-3 and aos question.....

[HollyV 0]

I know the old saying about making assumptions, but am i wrong in assuming that my k-3 will be approved before my initial aos interview? My interview is set for oct 16. (i applied for both at the same time.)

*Holly*

[Reba 2]

how can you apply for AOS and K3 at the same time? They're 2 different processes. One you're in the country (AOS) and one you're not (K3)

Edited September 4, 2006 by Reba

[HollyV 0]

how can you apply for AOS and K3 at the same time? They're 2 different processes. One you're in the country (AOS) and one you're not (K3)

The two CAN be filed together. The "guide" section here on VJ explains it all, under the heading "us citizen and spouse both live/reside in US" You don't need to be outside of the country to apply for a k-3.

[meauxna 15]

You don't show anything that indicates that you have a K-3 application in. Your method of entry was the VWP, not a visa.

[HollyV 0]

You don't show anything that indicates that you have a K-3 application in. Your method of entry was the VWP, not a visa.

Yes, i'm aware of that.... I sent the k-3 application in June 26th..... along with my aos application.

[meauxna 15]

You don't show anything that indicates that you have a K-3 application in. Your method of entry was the VWP, not a visa.

Yes, i'm aware of that.... I sent the k-3 application in June 26th..... along with my aos application.

hi, I think you have some of your terms mixed up is all.

A K-3 is a visa that one might get after their USC spouse filed I-130 + I-129f AND one has applied for it via DS-230. You would interview at your Consulate for the K-3 visa and get that before you come to the US.

What you filed, according to your .sig:

I-130: your USC spouse files this to show that he is a USC and that he is married to you.

I-485 is your application to adjust your status from visitor to permanent resident (AOS=Adjustment of Status)

I-765: application for work authorization aka EAD

The interview you will attend together in October will be your AOS interview; success there will turn you into a Permanent Resident (green card).

quickie edit to add: The I-130+I-485 will be adjudicated together at this interview.

Which part do you think is your K-3 application?

Edited September 4, 2006 by meauxna

[Dr_LHA 3]

I know the old saying about making assumptions, but am i wrong in assuming that my k-3 will be approved before my initial aos interview? My interview is set for oct 16. (i applied for both at the same time.)

*Holly*

As meauxna pointed out, you're not filing for K-3, so forget about that. So in answer to what your real question should be, your I-130 will be approved at the same time as your I-485 when you have your AOS interview. This happens when filing concurrently I-130 and I-485, both are adjudicated at the same time by your interviewing officier. So you won't get any approval notice of I-130 until at least after your AOS interview, if at all.

[meauxna 15]

You don't show anything that indicates that you have a K-3 application in. Your method of entry was the VWP, not a visa.

Oops, it wasn't even VWP is you are Canadian---you are your own unique creatures.

Holly, you can review this thread where you brought up the same thing before: http://www.visajourney.com/forums/index.ph...c=24113&hl=

Again, I think you just had the names of some things mixed up.

[Dr_LHA 3]

BTW - you could get trouble for this:

April 21, 2006- We get married in the Florida Keys

May 13, 2006- Wedding reception in Canada for my family and friends

May 16, 2006- I enter US via Newark NJ. (VWP) No questions asked.

So you entered the US after you were married on a visitor visa (whatever Canadians get, I know its not the VWP, but something else)? This is breaking the law as you're not supposed to have immigration intent when you enter the USA, unless you have a visa that specifically allows you to immigrate (e.g. K-1, K-3, H-1B). In your interview they may well pick up on this and ask you to prove that your didn't have immigration intent when you last entered the USA.

Edited September 4, 2006 by dr_lha

[HollyV 0]

BTW - you could get trouble for this:

April 21, 2006- We get married in the Florida Keys

May 13, 2006- Wedding reception in Canada for my family and friends

May 16, 2006- I enter US via Newark NJ. (VWP) No questions asked.

So you entered the US after you were married on a visitor visa (whatever Canadians get, I know its not the VWP, but something else)? This is breaking the law as you're not supposed to have immigration intent when you enter the USA, unless you have a visa that specifically allows you to immigrate (e.g. K-1, K-3, H-1B). In your interview they may well pick up on this and ask you to prove that your didn't have immigration intent when you last entered the USA.

When i went through customs, he asked me what i was going to the US for, i said to be with my husband, he then welcomed me to the US (?!).... now, of course, i have no proof of this, but that is what was said. When i got here (the US) i noticed that i could file for the i-130 and 1-485 at the same time, so that's what i did. Originally, i had planned on returning to Canada, and going through the K-3, then AOS process. How can you prove that though?

BTW - you could get trouble for this:

April 21, 2006- We get married in the Florida Keys

May 13, 2006- Wedding reception in Canada for my family and friends

May 16, 2006- I enter US via Newark NJ. (VWP) No questions asked.

So you entered the US after you were married on a visitor visa (whatever Canadians get, I know its not the VWP, but something else)? This is breaking the law as you're not supposed to have immigration intent when you enter the USA, unless you have a visa that specifically allows you to immigrate (e.g. K-1, K-3, H-1B). In your interview they may well pick up on this and ask you to prove that your didn't have immigration intent when you last entered the USA.

When i went through customs, he asked me what i was going to the US for, i said to be with my husband, he then welcomed me to the US (?!).... now, of course, i have no proof of this, but that is what was said. When i got here (the US) i noticed that i could file for the i-130 and 1-485 at the same time, so that's what i did. Originally, i had planned on returning to Canada, and going through the K-3, then AOS process. How can you prove that though?

the stamp in my passport reads "n/c" which means, "not controlled".