when are you supposed to do AOS?

[pbgirl 1]

I know that the government is looking for good faith on the part of the non-immigrant to adjust their status ASAP since the intent is to become a LPR. But:

1. How soon are you supposed to do AOS after entering the States (if on K3...which I know is valid for 2 years).

2. Do people ever do AOS close to their 2 year wedding anniversary so they can do the AOS and conditional residency all in one swoop?

3. And can you file for work autorization without doing AOS?

Thanks!

[Yodrak 7]

pbgirl,

1. A K3 doesn't ever have to adjust status. They have the option of applying for an immigrant visa after the I-130 petition is approved.

2. I suppose that some do.

3. Yes.

Yodrak

I know that the government is looking for good faith on the part of the non-immigrant to adjust their status ASAP since the intent is to become a LPR. But:

1. How soon are you supposed to do AOS after entering the States (if on K3...which I know is valid for 2 years).

2. Do people ever do AOS close to their 2 year wedding anniversary so they can do the AOS and conditional residency all in one swoop?

3. And can you file for work autorization without doing AOS?

Thanks!

[know 0]

pbgirl,

1. A K3 doesn't ever have to adjust status. They have the option of applying for an immigrant visa after the I-130 petition is approved.

2. I suppose that some do.

3. Yes.

Yodrak

I know that the government is looking for good faith on the part of the non-immigrant to adjust their status ASAP since the intent is to become a LPR. But:

1. How soon are you supposed to do AOS after entering the States (if on K3...which I know is valid for 2 years).

2. Do people ever do AOS close to their 2 year wedding anniversary so they can do the AOS and conditional residency all in one swoop?

3. And can you file for work autorization without doing AOS?

Thanks!

Yodrak,

Mr Ewok's Guide in this thread says AOS is for K-1 and K-3 Holders in order "to maintain legat status in US". On another thread Scy mentionned needing AOS in a married case on a waiver status, no need for K-3 visa...that seems to me contradictory. But, logically, one need to change status if living in a country and staying with spouse. I am searching also to know in what amount of time we can apply for AOS after entering or something like that....being married and wanting to stay with spouse. Gosh ! that's difficult to understand.

thanks.

[pbgirl 1]

Thanks Yodrak!

So have I been confusing myself with this process? I thought once you were in the states on a K-3, you have to file for AOS (since K3 is a nonimmigrant visa). At least that is how I interpreted the guide on this website. That you file the I485 and it takes a couple of months to a year.

My 1130 is already approved. Once my husband enters the states, we mail out the I485 right? If it is not called AOS, what is this process called?

Edited March 2, 2006 by pbgirl

[Yodrak 7]

pbgirl,

Submitting the I-485 is applying to adjust status, and if that's what your husband wants to do then it would be good to do promptly.

Alternatively, he has the option of having the approved I-130 sent on to the US consulate in his country and applying for an immigrant visa. With an immigrant visa, he will become an LPR on entry and will not need to adjust status.

Your I-130 is already approved? But your husband has not yet come to the USA as a K3? Then, depending on your priorities and your other circumstances, you and he may want to consider forgetting about that K3.

Yodrak

Thanks Yodrak!

So have I been confusing myself with this process? I thought once you were in the states on a K-3, you have to file for AOS (since K3 is a nonimmigrant visa). At least that is how I interpreted the guide on this website. That you file the I485 and it takes a couple of months to a year.

My 1130 is already approved. Once my husband enters the states, we mail out the I485 right? If it is not called AOS, what is this process called?

[pbgirl 1]

Yes, 130 is approved (NOA2 came in 3 weeks ago but haven't gotten anything from NVC yet). The K3 interview is complete, but visa is pending a fingerprint check. So i assume the K3 will come through by this month.

Honestly, from reading all the posts, I am inclined to continue the I130 process (even after hubby enters the states on the K3) and then have the Delhi consulate set up the interview in India. I know it is a long flight and expenseive (and timing it could be interesting), but we had planned on visiting India together at the end of the year anyway. And to come back as a LPR (CR-1 anyway) would be fabulous.

And if you have the K-3, they (consulate abroad) can't really turn down the CR-1 I would assume. If you have evidence of your relationship (and I'll go to the interview if I have to!).

Thanks for your feedback. I really appreciate it. My head is still spinning on what to do., what I am supposed to do and what I can do.

[meauxna 15]

Yes, 130 is approved (NOA2 came in 3 weeks ago but haven't gotten anything from NVC yet). The K3 interview is complete, but visa is pending a fingerprint check. So i assume the K3 will come through by this month.

Honestly, from reading all the posts, I am inclined to continue the I130 process (even after hubby enters the states on the K3) and then have the Delhi consulate set up the interview in India. I know it is a long flight and expenseive (and timing it could be interesting), but we had planned on visiting India together at the end of the year anyway. And to come back as a LPR (CR-1 anyway) would be fabulous.

And if you have the K-3, they (consulate abroad) can't really turn down the CR-1 I would assume. If you have evidence of your relationship (and I'll go to the interview if I have to!).

Thanks for your feedback. I really appreciate it. My head is still spinning on what to do., what I am supposed to do and what I can do.

pbgirl,

I actually think you have a really good understanding of it now

-You (your spouse, really) are *supposed* to become a Permanent Resident via AOS *or* Immigrant Visa.

That's also the same as what you *can* do.

[chagalafamilia 0]

My husband came in on a K-3 and we just filed the I-485 for AOS. We had the approved I-130, but our lawyer did not forward it to the consulate in Mexico while we were waiting for the I-601 waiver or he could have come in on the I-130 with a 10 year green card. Lawyers suck.