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hahuhobrad

IR1 AOS in the US

By hahuhobrad in K-3 Spouse Visa Process & Procedures

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hahuhobrad Explorer

hahuhobrad   0

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
Posted

Background. Filed IR1 and K3. Wife has arrived in the USA on the K3. We are still working the IR1.

I was told by the consulate in Bangkok that the IR1 interview could be held in the USA.

I called NVC and they told me I need to notify the USCIS and submit form I-485 to inform them that my wife was now in the USA and her adjustment of status would need to be handled here in the USA. She said that the IR1 interview would be held in the USA.

has anyone ever done this?

I'm confused...

Any help would be appreciated.

K-3 Visa

Service Center : California Service Center

Consulate : Bangkok, Thailand

Marriage : August 26, 2004

I-130 Sent : 2006-04-25

I-130 NOA1 : 2006-05-18

I-130: Transferred to CSC on 2006-07-25

I-130: Received by CSC on 2006-07-31

I-130 ***NOA2*** 2006-08-03 100 Days

I-130: NVC Case number assigned 2006-08-31

I-130: AOS Fee Bill received: 2006-09-25

I-129F Sent : 2006-06-02

I-129F NOA1 : 2006-06-08

RFE Recieved: 2006-07-03

RFE Delivered: 2006-07-17

I-129F ***NOA2*** : 2006-08-04 63 Days

NVC Received : 2006-08-10

NVC Left : 2006-08-15

Consulate Received : 2006-08-18

Packet 3 Received : 2006-08-23

Packet 3 Sent : 2006-09-07

Packet 4 Received : 2006-09-19

Interview Date : 2006-10-11

Visa Received : 2006-10-13

US Entry : 2006-10-18

missed a few entries...lol.

GC approved in Jan 2008

See Timeline

Yodrak Veteran

Yodrak   7

Posted
Filed: Timeline
Posted (edited)

hahuhobrad,

If your wife is going to apply for an immigrant visa, her interview for that will take place at the consular section in Bangkok.

If she's going to apply for adjustment of status by submiting form I-485, her interview for that - if one is required - will take place at a USCIS District or Sub office.

LPRs by adjustment of status are not classified as CR1 or IR1.

Yodrak

Background. Filed IR1 and K3. Wife has arrived in the USA on the K3. We are still working the IR1.

I was told by the consulate in Bangkok that the IR1 interview could be held in the USA.

I called NVC and they told me I need to notify the USCIS and submit form I-485 to inform them that my wife was now in the USA and her adjustment of status would need to be handled here in the USA. She said that the IR1 interview would be held in the USA.

has anyone ever done this?

I'm confused...

Any help would be appreciated.

Edited by Yodrak
hahuhobrad Explorer

hahuhobrad   0

Posted
Filed: K-3 Visa Country: Thailand
 Timeline
  • Author
Posted

Yeah...I just talked to USCIS and they are saying the same thing. I guess this is a case where I'm just not gettting the answer that I want to hear.

The Lady who interviewed us in BKK was very nice. I explained that the IR1 was almost complete and would my wife have to come back to BKK for the interview to complete the IR1. (not the K3) and she said that we could get that interview at the local office in the USA. She said it may not be easy, that you basically have to make them do the interview, but we should be able to complet the I-130/IR1 process here in the USA. Now, I'm just trying to make that happen, but not having any luck.

The USCIS person I spoke with said that she would have to leave the country. He also said that USCIS had nothing more to do with her case and that I needed to discuss this with NVC.

I'm not sure what to do next. I don't want to send her all the way back to Thailand $$$ and I don't want to wait the extra time for her AOS her in the USA...and also pay for EAC when the IR1 cover's it. What a system.

I just remembered something else the lady in BKK told us. She said that once the IR1 packet was complete, they would send it to BKK. At that time, we would notify them that she is in the USA. Then, the USCIS office would have all her packet information sent to the USA and she could have her interview in the USA. hmmmmmmm.....

K-3 Visa

Service Center : California Service Center

Consulate : Bangkok, Thailand

Marriage : August 26, 2004

I-130 Sent : 2006-04-25

I-130 NOA1 : 2006-05-18

I-130: Transferred to CSC on 2006-07-25

I-130: Received by CSC on 2006-07-31

I-130 ***NOA2*** 2006-08-03 100 Days

I-130: NVC Case number assigned 2006-08-31

I-130: AOS Fee Bill received: 2006-09-25

I-129F Sent : 2006-06-02

I-129F NOA1 : 2006-06-08

RFE Recieved: 2006-07-03

RFE Delivered: 2006-07-17

I-129F ***NOA2*** : 2006-08-04 63 Days

NVC Received : 2006-08-10

NVC Left : 2006-08-15

Consulate Received : 2006-08-18

Packet 3 Received : 2006-08-23

Packet 3 Sent : 2006-09-07

Packet 4 Received : 2006-09-19

Interview Date : 2006-10-11

Visa Received : 2006-10-13

US Entry : 2006-10-18

missed a few entries...lol.

GC approved in Jan 2008

See Timeline

aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted (edited)

hahuhobrad

When entering on a K-3, one has two choices to gain immigrant status. One can return to the consulate for the IR/CR immigrant visa whereby immigrant status (green card) is granted on entry. Or one can adjust status in the US from the K-3. Both have the same outcome....immigrant status. Your choice. Others that have chosen to adjust status have reported that they just let the NVC know of their wanting to adjust status in the US as they entered on the K-3.

Edited by aussiewench

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

meauxna Mentor

meauxna   15

Posted
Filed: Country: United Kingdom
 Timeline
Posted
I just remembered something else the lady in BKK told us. She said that once the IR1 packet was complete, they would send it to BKK. At that time, we would notify them that she is in the USA. Then, the USCIS office would have all her packet information sent to the USA and she could have her interview in the USA. hmmmmmmm.....

She either explained it incorrectly or you understood it incorrectly.

A K-3 has *always* been for the purpose of reuinting families more quickly, not solving their immigration situation permanently.

Your choices have always only been

-Go back to BKK for the Immigrant Visa interview (she gets to be in the US with you while waiting for the file to complete)

-File for Adjustment of Status in the US

AOS may not take all that long, depending on where you live.

Now That You Are A Permanent Resident

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

Welcome to the United States: A Guide For New Immigrants

Yes, even this last one.. stuff in there that not even your USC knows.....

Here are more links that I love:

Arriving in America, The POE Drill

Dual Citizenship FAQ

Other Fora I Post To:

alt.visa.us.marriage-based http://britishexpats.com/ and www.***removed***.com

censored link = *family based immigration* website

Inertia. Is that the Greek god of 'can't be bothered'?

Met, married, immigrated, naturalized.

I-130 filed Aug02

USC Jul06

No Deje Piedras Sobre El Pavimento!

Reba Experienced

Reba   2

Posted
Filed: Other Timeline
Posted

and the only way she's going to get an interview in the USA is if you submitt an I-485 to Adjust Status. Along with EAD application so she can get a SSN.

I'd hazard a guess that most K3s adjust status in the US, rather than return to home country for another intereiw.

Or, you return to BKK for the interview. Pick your poison.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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