AOS after K-3 but no I-130 approval yet?

[jtobster 0]

Hi,

I was talking to my congresswoman's liason about AOS for my husband and she told me that we can't apply for it until the I-130 petition is approved. Is this true? My husband came in on a K-3 visa in October. We applied for the I-130 back in March and have not been touched since March 24th. I call and they say that we're still not outside of the processing times so I don't see this petition being approved anytime soon. If we apply for AOS after this petition is approved we are just delaying the green card even more. This is so frustrating. In every step our plans have been delayed. Can't someone give us a break already!! Please, someone enlighten us. Is this true or can we submit the AOS now and get one step ahead of the game?

Thanks!

[~Jackie~ 30]

My husband also came on the K3. Good thing too beause his I130 took 17 months in Nebraska for approval.

It is true, you need to wait til you have the NOA2 from the I130 before you can file for AOS. When the 2 year visa is nearing expiration, you can file for an extension if the I130 is not approved yet. Be patient, you should see an approval soon. Have the packet ready to file to save time when the NOA2 arrives.

Good luck on your AOS journey.

Jackie

[jtobster 0]

Hi Jackie,

Thanks for the reply. It stinks that we have to wait for the I-130 but like you suggested, I'll have the AOS form ready to go and hopefully jump start the process that way. Thanks again!

My husband also came on the K3. Good thing too beause his I130 took 17 months in Nebraska for approval.

It is true, you need to wait til you have the NOA2 from the I130 before you can file for AOS. When the 2 year visa is nearing expiration, you can file for an extension if the I130 is not approved yet. Be patient, you should see an approval soon. Have the packet ready to file to save time when the NOA2 arrives.

Good luck on your AOS journey.

Jackie