Consular processing ?? AOS ??

[mihinp 0]

I have few questions to get answered...

1) I have K3 visa and now in USA. My I-130 is also approved. I am not sure whether I have to do consular processing instead of adjustment of status.. I saw in one website that when filing I-130 we have to mention( in section 22) that what we intend to do , ie : consular processing or AOS. We cant locate the copy of I-130 to check this.

2) My wife has hired a lawyer when she applied for I-130 and then I-129F. That means the lawyer has represented her in the case. Do I still have to hire the lawyer because he has represented her or I can apply for AOS by myself??

Thanks

mihinp

[Jenn! 918]

1) You must apply for AOS since you are already in the U.S. Consular processing is for couples who both reside abroad and file for the visa from abroad (DCF).

2) You are not required to hire an attorney for AOS, but you may do so if you wish.

[Yodrak 7]

mihinp,

You have to do one or the other - which is up to you. (or leave when your allowed period of stay expires)

Yodrak

I have few questions to get answered...

1) I have K3 visa and now in USA. My I-130 is also approved. I am not sure whether I have to do consular processing instead of adjustment of status.. I saw in one website that when filing I-130 we have to mention( in section 22) that what we intend to do , ie : consular processing or AOS. We cant locate the copy of I-130 to check this.

.....

Thanks

mihinp

jenn,

This is wrong, on several counts.

Yodrak

1) You must apply for AOS since you are already in the U.S. Consular processing is for couples who both reside abroad and file for the visa from abroad (DCF).

...

[Jenn! 918]

mihinp,

You have to do one or the other - which is up to you. (or leave when your allowed period of stay expires)

Yodrak

I have few questions to get answered...

1) I have K3 visa and now in USA. My I-130 is also approved. I am not sure whether I have to do consular processing instead of adjustment of status.. I saw in one website that when filing I-130 we have to mention( in section 22) that what we intend to do , ie : consular processing or AOS. We cant locate the copy of I-130 to check this.

.....

Thanks

mihinp

jenn,

This is wrong, on several counts.

Yodrak

1) You must apply for AOS since you are already in the U.S. Consular processing is for couples who both reside abroad and file for the visa from abroad (DCF).

...

Sorry, guess I should keep my mouth shut if I don't fully understand the question. Boy, wrong on several counts, not just one.

I guess I was under the mistaken impression that K3 AOS is the same as K1 AOS.

[meauxna 15]

I guess I was under the mistaken impression that K3 AOS is the same as K1 AOS.

jenn3539,

A K-3's AOS would be very similar to a K-1's.

A K-3 has another option to AOS though, and that is Consular Processing (not the same as DCF). The K-3 can have their approved I-130 sent to the Consulate abroad and they then travel to meet it and have their Immigrant Visa interview and process. They return to the US with an Immigrant Visa, not the K-3.

Direct Consular Filing/DCF is when the I-130 is filed abroad.

[pbgirl 1]

I guess I was under the mistaken impression that K3 AOS is the same as K1 AOS.

jenn3539,

A K-3's AOS would be very similar to a K-1's.

A K-3 has another option to AOS though, and that is Consular Processing (not the same as DCF). The K-3 can have their approved I-130 sent to the Consulate abroad and they then travel to meet it and have their Immigrant Visa interview and process. They return to the US with an Immigrant Visa, not the K-3.

Direct Consular Filing/DCF is when the I-130 is filed abroad.

What happens if you go for the interview abroad but for some reason don't get the visa right away or are either denied or put on AP? Can you come back to the States on the regular K3 (since it is valid for 2 years?)

[meauxna 15]

What happens if you go for the interview abroad but for some reason don't get the visa right away or are either denied or put on AP? Can you come back to the States on the regular K3 (since it is valid for 2 years?)

That's a very interesting question.

I don't know the answer.

[planeobsessed 0]

that is a good question,

is k3 a multiple entry visa? if so, then as long as thats valid you should be able to enter back into US. however at denial etc. they may take it away alltogether so while your status will be something like "adjusting status" - more than likely you wont be able to re-enter US until the denial is reversed or AR is completed.

my 0.02

[mihinp 0]

thank you every body for contributing with your knowledge and ideas.. I really appreciate that...

there is a stupid question to be asked ...

after I have got K3 visa I did not file anything....and my sponsor ( us citizen) also did not file anything..

The AOS , adjustment of status has to be filed by me or by the US citizen (on behalf of me)???

[jsnearline 2]

If you file AOS, you file it yourself. Your spouse would complete the Affidavit of Support.

Your spouse can fill out the AOS form for you, but it still has to be in your name and they would have to fill out a section at the end of the form acknowledging that they prepared it for you.