I-130 interview possible in the US??

[QC2CO 1]

I know it is said "If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident".

Does anyone know if it is possible to do the interview in the US, if someone was to leave after the K3 was approved. Since plane tickets are pretty expensive, I was just wondering if someone has succesfuly done this. If I don't have a choice... I don't have a choice. I know that getting the CR1 visa is much better then getting AOS after entering in the US.

Thanks guys!

[Euro 3]

I know it is said "If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident".

Does anyone know if it is possible to do the interview in the US, if someone was to leave after the K3 was approved. Since plane tickets are pretty expensive, I was just wondering if someone has succesfuly done this. If I don't have a choice... I don't have a choice. I know that getting the CR1 visa is much better then getting AOS after entering in the US.

Thanks guys!

CR1 & AOS result in the same thing!!

if you arrive on a K3 & do the paper work through NVC, with the intention of returning to your country for interview, then thats good!!, however if you do the papers through NVC then op to interview in the US, it will be a AOS interview & NVC will forward your papers to your local office & you will wait in line with everyone else waiting for a AOS interview!!!

[QC2CO 1]

Ah I see, so it would result in an AOS anyways. Meaning, that NVC would just send my papers to the US and I would still have to wait.

I knew they come down to the same thing... but if my CR1 interview would be scheduled in Nov/December, and I will going to the US on Nov 1st after getting my K3 visa, doing the CR1 interview would be more benefitial, since I would have to wait 3-4 months to be able to work in the US doing an AOS after K3.

I know it is said "If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident".

Does anyone know if it is possible to do the interview in the US, if someone was to leave after the K3 was approved. Since plane tickets are pretty expensive, I was just wondering if someone has succesfuly done this. If I don't have a choice... I don't have a choice. I know that getting the CR1 visa is much better then getting AOS after entering in the US.

Thanks guys!

CR1 & AOS result in the same thing!!

if you arrive on a K3 & do the paper work through NVC, with the intention of returning to your country for interview, then thats good!!, however if you do the papers through NVC then op to interview in the US, it will be a AOS interview & NVC will forward your papers to your local office & you will wait in line with everyone else waiting for a AOS interview!!!

[miker32us 6]

Are you saying if your spouse is in the US on a K-3 and you file the I-864 and DS-230 with NVC you could then ask NVC to forward the case to the local USCIS office rather than go back to the spouse's country for the interview? Something does not seem correct here. AOS is done at USCIS offices after filing I-485 but CR-1 is done at Department of State after filing DS-230.

Ah I see, so it would result in an AOS anyways. Meaning, that NVC would just send my papers to the US and I would still have to wait.

I knew they come down to the same thing... but if my CR1 interview would be scheduled in Nov/December, and I will going to the US on Nov 1st after getting my K3 visa, doing the CR1 interview would be more benefitial, since I would have to wait 3-4 months to be able to work in the US doing an AOS after K3.

I know it is said "If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident".

Does anyone know if it is possible to do the interview in the US, if someone was to leave after the K3 was approved. Since plane tickets are pretty expensive, I was just wondering if someone has succesfuly done this. If I don't have a choice... I don't have a choice. I know that getting the CR1 visa is much better then getting AOS after entering in the US.

Thanks guys!

CR1 & AOS result in the same thing!!

if you arrive on a K3 & do the paper work through NVC, with the intention of returning to your country for interview, then thats good!!, however if you do the papers through NVC then op to interview in the US, it will be a AOS interview & NVC will forward your papers to your local office & you will wait in line with everyone else waiting for a AOS interview!!!

[aussiewench 9]

Not exactly. If your spouse is in the US on a K-3 and you e.g. file the I-864 and DS-230 with NVC and you dont wish to continue with the CR-1 process, you can notify NVC that you will be adjusting status in the US from the K-3 and they will then return the approved I-130 to USCIS. Any fees, forms etc submitted to NVC for the CR-1 are then void. It is the approved I-130 that gives eligibility to apply for adjustment of status from the K-3, or to apply for an immigrant visa (CR-1). Both result in the same.......immigrant status. Its just a matter of which path to that status you wish to take.

Are you saying if your spouse is in the US on a K-3 and you file the I-864 and DS-230 with NVC you could then ask NVC to forward the case to the local USCIS office rather than go back to the spouse's country for the interview? Something does not seem correct here. AOS is done at USCIS offices after filing I-485 but CR-1 is done at Department of State after filing DS-230.

Ah I see, so it would result in an AOS anyways. Meaning, that NVC would just send my papers to the US and I would still have to wait.

I knew they come down to the same thing... but if my CR1 interview would be scheduled in Nov/December, and I will going to the US on Nov 1st after getting my K3 visa, doing the CR1 interview would be more benefitial, since I would have to wait 3-4 months to be able to work in the US doing an AOS after K3.

I know it is said "If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident".

Does anyone know if it is possible to do the interview in the US, if someone was to leave after the K3 was approved. Since plane tickets are pretty expensive, I was just wondering if someone has succesfuly done this. If I don't have a choice... I don't have a choice. I know that getting the CR1 visa is much better then getting AOS after entering in the US.

Thanks guys!

CR1 & AOS result in the same thing!!

if you arrive on a K3 & do the paper work through NVC, with the intention of returning to your country for interview, then thats good!!, however if you do the papers through NVC then op to interview in the US, it will be a AOS interview & NVC will forward your papers to your local office & you will wait in line with everyone else waiting for a AOS interview!!!

[miker32us 6]

Aussie,

So your point is even if you have already paid the fees for the I-864 and DS-230 and completed these forms and sent them into NVC you could forfeit the $385 and then file the I-485 if you decided you did not want to return to the spouses country for the interview. But you CANNOT use the I-864 and DS-230 for adjustment in this country at your local INS office....correct?

Not exactly. If your spouse is in the US on a K-3 and you e.g. file the I-864 and DS-230 with NVC and you dont wish to continue with the CR-1 process, you can notify NVC that you will be adjusting status in the US from the K-3 and they will then return the approved I-130 to USCIS. Any fees, forms etc submitted to NVC for the CR-1 are then void. It is the approved I-130 that gives eligibility to apply for adjustment of status from the K-3, or to apply for an immigrant visa (CR-1). Both result in the same.......immigrant status. Its just a matter of which path to that status you wish to take.

Are you saying if your spouse is in the US on a K-3 and you file the I-864 and DS-230 with NVC you could then ask NVC to forward the case to the local USCIS office rather than go back to the spouse's country for the interview? Something does not seem correct here. AOS is done at USCIS offices after filing I-485 but CR-1 is done at Department of State after filing DS-230.

Ah I see, so it would result in an AOS anyways. Meaning, that NVC would just send my papers to the US and I would still have to wait.

I knew they come down to the same thing... but if my CR1 interview would be scheduled in Nov/December, and I will going to the US on Nov 1st after getting my K3 visa, doing the CR1 interview would be more benefitial, since I would have to wait 3-4 months to be able to work in the US doing an AOS after K3.

I know it is said "If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident".

Does anyone know if it is possible to do the interview in the US, if someone was to leave after the K3 was approved. Since plane tickets are pretty expensive, I was just wondering if someone has succesfuly done this. If I don't have a choice... I don't have a choice. I know that getting the CR1 visa is much better then getting AOS after entering in the US.

Thanks guys!

CR1 & AOS result in the same thing!!

if you arrive on a K3 & do the paper work through NVC, with the intention of returning to your country for interview, then thats good!!, however if you do the papers through NVC then op to interview in the US, it will be a AOS interview & NVC will forward your papers to your local office & you will wait in line with everyone else waiting for a AOS interview!!!

[Euro 3]

Lorelle said it better than me, not sure about re-paying fee's, i was in this position, NVC asked if i wanted to AOS rather than return to the UK for interview, I said NO!!, but to have to "RE" pay the fee's wouldnt surprise me at all!!!!

Not exactly. If your spouse is in the US on a K-3 and you e.g. file the I-864 and DS-230 with NVC and you dont wish to continue with the CR-1 process, you can notify NVC that you will be adjusting status in the US from the K-3 and they will then return the approved I-130 to USCIS. Any fees, forms etc submitted to NVC for the CR-1 are then void. It is the approved I-130 that gives eligibility to apply for adjustment of status from the K-3, or to apply for an immigrant visa (CR-1). Both result in the same.......immigrant status. Its just a matter of which path to that status you wish to take.

as for the OP if you are so close to interviewing for your CR1 then isnt it worth waiting a while longer??

I arrived on K3, then returned to the UK for CR1 so i entered on both visa's, as far as EAD with K3, you could be actualy waiting 3 months for that to go through, i did apply for EAD while i was here on K3, applied in january & eventualy got an appointment for biometrics for the 15th April , i didnt bother as my CR1 interview was scheduled for 28th April!!

Anyway whatever you decide to do, i wish you luck

[aussiewench 9]

Correct. Also, the DS-230 is an application for a visa. If you are adjusting status in the US from the K-3, another visa is not required. You have two paths to choose from to gain immigrant status and they are distinct paths. The only thing they have in common is the approved I-130.

Aussie,

So your point is even if you have already paid the fees for the I-864 and DS-230 and completed these forms and sent them into NVC you could forfeit the $385 and then file the I-485 if you decided you did not want to return to the spouses country for the interview. But you CANNOT use the I-864 and DS-230 for adjustment in this country at your local INS office....correct?

Not exactly. If your spouse is in the US on a K-3 and you e.g. file the I-864 and DS-230 with NVC and you dont wish to continue with the CR-1 process, you can notify NVC that you will be adjusting status in the US from the K-3 and they will then return the approved I-130 to USCIS. Any fees, forms etc submitted to NVC for the CR-1 are then void. It is the approved I-130 that gives eligibility to apply for adjustment of status from the K-3, or to apply for an immigrant visa (CR-1). Both result in the same.......immigrant status. Its just a matter of which path to that status you wish to take.

Are you saying if your spouse is in the US on a K-3 and you file the I-864 and DS-230 with NVC you could then ask NVC to forward the case to the local USCIS office rather than go back to the spouse's country for the interview? Something does not seem correct here. AOS is done at USCIS offices after filing I-485 but CR-1 is done at Department of State after filing DS-230.

Ah I see, so it would result in an AOS anyways. Meaning, that NVC would just send my papers to the US and I would still have to wait.

I knew they come down to the same thing... but if my CR1 interview would be scheduled in Nov/December, and I will going to the US on Nov 1st after getting my K3 visa, doing the CR1 interview would be more benefitial, since I would have to wait 3-4 months to be able to work in the US doing an AOS after K3.

I know it is said "If the I-130 is approved and the applicant has not applied for AOS yet, they may return to their country and once issued a CR-1 or IR-1 Visa, return to the US as a permanent resident".

Does anyone know if it is possible to do the interview in the US, if someone was to leave after the K3 was approved. Since plane tickets are pretty expensive, I was just wondering if someone has succesfuly done this. If I don't have a choice... I don't have a choice. I know that getting the CR1 visa is much better then getting AOS after entering in the US.

Thanks guys!

CR1 & AOS result in the same thing!!

if you arrive on a K3 & do the paper work through NVC, with the intention of returning to your country for interview, then thats good!!, however if you do the papers through NVC then op to interview in the US, it will be a AOS interview & NVC will forward your papers to your local office & you will wait in line with everyone else waiting for a AOS interview!!!

[Cygnet 0]

QC2CO, how far are you with the CR-1 application? Are you at the NVC stage?

From what I understand, if you want your interview in the US, you'll have to go through AOS, and as Aussie pointed out, you'll have to notify NVC of this decision.

Edit: I was too slow responding...

Edited October 17, 2006 by Cygnet

[QC2CO 1]

I'm just waiting for my interview date. I called to get status of the case and it said that It was completed on Sept 27th. I will try again later to see if I can speak to someone to get a date.

Now I have my K3 interview in MTL on the 25th, and my plane ticket for Colorado is on the 1st of Nov.

So bottom line, if i'm in the US, I can only AOS, or I fly back to montreal for the CR1 interview. So it would make more sense to fly back since I would get my Green Card and social security # within 3 weeks after the interview (but expensive in plane tickets and we all know how expensive everything is with all of this). If I AOS, it could be up to 4 months before I can work. Is this correct?

thanks for you responses guys!

[sheraz 0]

I'm just waiting for my interview date. I called to get status of the case and it said that It was completed on Sept 27th. I will try again later to see if I can speak to someone to get a date.

Now I have my K3 interview in MTL on the 25th, and my plane ticket for Colorado is on the 1st of Nov.

So bottom line, if i'm in the US, I can only AOS, or I fly back to montreal for the CR1 interview. So it would make more sense to fly back since I would get my Green Card and social security # within 3 weeks after the interview (but expensive in plane tickets and we all know how expensive everything is with all of this). If I AOS, it could be up to 4 months before I can work. Is this correct?

thanks for you responses guys!

I think you are making the process a littel more complicated then it actually is. If your I130 is already approved, but you have not had your NVC work done yet, then your atleast 4 mths from your interview date. If you apply for AOS, it takes 3 mths to get interview date but the hard part is getting all the evidence of joint residence.

Either ways with the holidays coming, ur looking at some wait in the interview time if you havent already received the date

[dawnnhatem 0]

I'm just waiting for my interview date. I called to get status of the case and it said that It was completed on Sept 27th. I will try again later to see if I can speak to someone to get a date.

Now I have my K3 interview in MTL on the 25th, and my plane ticket for Colorado is on the 1st of Nov.

So bottom line, if i'm in the US, I can only AOS, or I fly back to montreal for the CR1 interview. So it would make more sense to fly back since I would get my Green Card and social security # within 3 weeks after the interview (but expensive in plane tickets and we all know how expensive everything is with all of this). If I AOS, it could be up to 4 months before I can work. Is this correct?

thanks for you responses guys!

I think you are making the process a littel more complicated then it actually is. If your I130 is already approved, but you have not had your NVC work done yet, then your atleast 4 mths from your interview date. If you apply for AOS, it takes 3 mths to get interview date but the hard part is getting all the evidence of joint residence.

Either ways with the holidays coming, ur looking at some wait in the interview time if you havent already received the date

Actually, I read this all to mean that the NVC level of your case was completed...if thats the status of things, have you tried contacting MTL about interviewing for the cr1 at the k3 interview? Whether they allow it or not, with the completions of both visas being so close together, I can't imagine taking the k3 and leaving, but good luck whatever you do.