Whats next?

[Greg&Miriam 0]

Hello,

My husband and I have been married since almost 3 years ago. We got married in Mexico and I spent most of that time in Mexico and he in USA, he went to visit me like 4 times and we got the k3 visa in Juarez on october 29. I arrived to USA on december 21 and I[ve been here for 1 month. The immigration agent in the airport said the next step is go to the social security office but he didn't say a word about keep processing the immigrant visa which is pending in the National Visa Center.

I was expecting to hear that we should keep processing the I-130 but he said: "Mrs. as son as you want to get a job you should go to the ss office a month after you arrived USA...."

What should we do now? We are planning to go to the social security office anyway, but what about the I-130?

[riblet 0]

Unfortunately you encountered yet another misinformed customs & border agent.

A holder of a K3 visa cannot obtain a social security number until he/she is employment authorized. You can file an I765 for Employment Authorization immediately, or you can wait until you are prepared to file your Adjustment of Status.

In addition, you can file for Adjustment of Status immediately if you like, you do not need to wait for the I130 to be approved.

Hope this helps, and congrats on successfully getting the K3

[tiberonsuave 0]

Unfortunately you encountered yet another misinformed customs & border agent.

A holder of a K3 visa cannot obtain a social security number until he/she is employment authorized. You can file an I765 for Employment Authorization immediately, or you can wait until you are prepared to file your Adjustment of Status.

In addition, you can file for Adjustment of Status immediately if you like, you do not need to wait for the I130 to be approved.

Hope this helps, and congrats on successfully getting the K3

WRONG WRONG WRONG!!!! The purpose of obtaining a K-3 is so you can wait in the USA with your spouse WHILE waiting for ajudication of the I-130. PERIOD!

t

Edited January 21, 2007 by tiberonsuave

[riblet 0]

tiberonsuave,

You only joined 2 days ago, yet I've seen you be rude to several people.

I've heard of many people adjusting status before receiving the NOA2. Also, the K3 is valid for 2 years - you are not required to adjust status immediately.

Most people are on this board to help others or seek advice, you don't need to have such an attitude.

Unfortunately you encountered yet another misinformed customs & border agent.

A holder of a K3 visa cannot obtain a social security number until he/she is employment authorized. You can file an I765 for Employment Authorization immediately, or you can wait until you are prepared to file your Adjustment of Status.

In addition, you can file for Adjustment of Status immediately if you like, you do not need to wait for the I130 to be approved.

Hope this helps, and congrats on successfully getting the K3

WRONG WRONG WRONG!!!! The purpose of obtaining a K-3 is so you can wait in the USA with your spouse WHILE waiting for ajudication of the I-130. PERIOD!

t

[tiberonsuave 0]

tiberonsuave,

You only joined 2 days ago, yet I've seen you be rude to several people.

I've heard of many people adjusting status before receiving the NOA2. Also, the K3 is valid for 2 years - you are not required to adjust status immediately.

Most people are on this board to help others or seek advice, you don't need to have such an attitude.

Unfortunately you encountered yet another misinformed customs & border agent.

A holder of a K3 visa cannot obtain a social security number until he/she is employment authorized. You can file an I765 for Employment Authorization immediately, or you can wait until you are prepared to file your Adjustment of Status.

In addition, you can file for Adjustment of Status immediately if you like, you do not need to wait for the I130 to be approved.

Hope this helps, and congrats on successfully getting the K3

WRONG WRONG WRONG!!!! The purpose of obtaining a K-3 is so you can wait in the USA with your spouse WHILE waiting for ajudication of the I-130. PERIOD!

t

I was not being rude. I have been following this board since 2002. You made a rude statement about erroneous information submitted by yet another ignorant border agent. In fact you are giving out information that is one hundred percent wrong. I am trying to help the original poster with factual data.

A K-3 is a visa to allow family reunification while waiting for adjudication of a pending I-130. The I-130 must be approved prior to application for AOS. Period.

You are correct in the statement that they can wait to file. You are incorrect in your statement that they do not have to wait for the I-130 to be approved. ANd that error could cause them to lose near $400.00 dollars in filing fees. That sort of help the OP probably isn't looking for.

t

Edited January 21, 2007 by tiberonsuave

[riblet 0]

The error I was referring to was that the OP was told that she could start working immediately. I just re-read my post and that's what it appears to discuss to me - with additional discussion of the I130. In addition - it sounds like the border guard was also wrong about not needing to pursue any sort of immigrant visa.

I'm not here to fight with people... but I am curious as to why you are so insistent that the I130 must be approved before the I485 can be filed. I have heard from different senior members on the board that this is not the case, although it used to be. If you know something that no one else does it would be nice if you could share.

tiberonsuave,

You only joined 2 days ago, yet I've seen you be rude to several people.

I've heard of many people adjusting status before receiving the NOA2. Also, the K3 is valid for 2 years - you are not required to adjust status immediately.

Most people are on this board to help others or seek advice, you don't need to have such an attitude.

Unfortunately you encountered yet another misinformed customs & border agent.

A holder of a K3 visa cannot obtain a social security number until he/she is employment authorized. You can file an I765 for Employment Authorization immediately, or you can wait until you are prepared to file your Adjustment of Status.

In addition, you can file for Adjustment of Status immediately if you like, you do not need to wait for the I130 to be approved.

Hope this helps, and congrats on successfully getting the K3

WRONG WRONG WRONG!!!! The purpose of obtaining a K-3 is so you can wait in the USA with your spouse WHILE waiting for ajudication of the I-130. PERIOD!

t

I was not being rude. I have been following this board since 2002. You made a rude statement about erroneous information submitted by yet another ignorant border agent. In fact you are giving out information that is one hundred percent wrong. I am trying to help the original poster with factual data.

A K-3 is a visa to allow family reunification while waiting for adjudication of a pending I-130. The I-130 must be approved prior to application for AOS. Period.

You are correct in the statement that they can wait to file. You are incorrect in your statement that they do not have to wait for the I-130 to be approved. ANd that error could cause them to lose near $400.00 dollars in filing fees. That sort of help the OP probably isn't looking for.

t

[Yodrak 7]

t,

Every item in riblet's post was correct.

Yodrak

Unfortunately you encountered yet another misinformed customs & border agent.

A holder of a K3 visa cannot obtain a social security number until he/she is employment authorized. You can file an I765 for Employment Authorization immediately, or you can wait until you are prepared to file your Adjustment of Status.

In addition, you can file for Adjustment of Status immediately if you like, you do not need to wait for the I130 to be approved.

Hope this helps, and congrats on successfully getting the K3

WRONG WRONG WRONG!!!! The purpose of obtaining a K-3 is so you can wait in the USA with your spouse WHILE waiting for ajudication of the I-130. PERIOD!

t

[Yodrak 7]

t,

It is you who are wrong - I-130 does not need to be approved before a K3 can apply to adjust status.

Please stop posting incorrect information about this.

Yodrak

.....

A K-3 is a visa to allow family reunification while waiting for adjudication of a pending I-130. The I-130 must be approved prior to application for AOS. Period.

You are correct in the statement that they can wait to file. You are incorrect in your statement that they do not have to wait for the I-130 to be approved. ANd that error could cause them to lose near $400.00 dollars in filing fees. That sort of help the OP probably isn't looking for.

t

Edited January 21, 2007 by Yodrak

[kim&james 0]

Best thing to do is apply for your EAD which you can do without filing for the complete EAD, and then take your time and file AOS when convenient. Waste of time going to the SS office, they wont be able to do squat without an EAD being entered in the system.

How far along are you with your I130 have you started going through the NVC paperwork, paid fees etc? if so then might pay to keep going with that and return to mexico for your IR interview. if not, you then have the choice to AOS here in the US.

Pop over to the adjustment of status forum... your done with K3.

[Yodrak 7]

I am curious also, but you are not quite right about the way things used to be.

When the K3 was young, and I-485 was submitted to the local District and Sub offices, there were 3 different things happening.

- Some offices would accept and process the I-485 without I-130 being approved,

- some offices would accept and process the I-485 without the I-130 being approved if a new I-130 was submitted along with the I-485, and

- some offices would not accept and process the I-485 without I-130 being approved.

With I-485 now going to the NVC the inconsistency has been removed, and I-485 can be submitted without I-130 having been approved.

Yodrak

.... I am curious as to why you are so insistent that the I130 must be approved before the I485 can be filed. I have heard from different senior members on the board that this is not the case, although it used to be. .....

Edited January 21, 2007 by Yodrak

[kitkat1 5]

WRONG WRONG WRONG!!!! The purpose of obtaining a K-3 is so you can wait in the USA with your spouse WHILE waiting for ajudication of the I-130. PERIOD!

tibersuave, it is YOU who is WRONG WRONG WRONG. The purpose of obtaining a K3 for many, many people is so you don't have to wait for the I-130 to be processed at the consulate and instead can enter as a non-immigrant. In Mexico, for example, many couples go the K3 route, filing both the I-129F and I-130, so they don't have to wait 12-14 months for an interview. K3 interviews take 4-6 months. They get their visas, enter the US, and adjust their status in the US. The point of filing the I-130 in this case is to speed up the interview date and once the K3 is in hand they never have to go back to the consulate in Mexico for anything.

http://travel.state.gov/visa/immigrants/ty...ml#Nonimmigrant

Can a K-3 Visa Holder Work in the United States?

As a K-3 visa holder, you can file form I-765, Application for Employment Authorization with the USCIS that serves the area where you live for an employment authorization document (work permit).

[riblet 0]

Thanks for the clarification Yodrak

I am curious also, but you are not quite right about the way things used to be.

When the K3 was young, and I-485 was submitted to the local District and Sub offices, there were 3 different things happening.

- Some offices would accept and process the I-485 without I-130 being approved,

- some offices would accept and process the I-485 without the I-130 being approved if a new I-130 was submitted along with the I-485, and

- some offices would not accept and process the I-485 without I-130 being approved.

With I-485 now going to the NVC the inconsistency has been removed, and I-485 can be submitted without I-130 having been approved.

Yodrak

.... I am curious as to why you are so insistent that the I130 must be approved before the I485 can be filed. I have heard from different senior members on the board that this is not the case, although it used to be. .....

[Nancy2015 2]

The I-130 must be approved prior to application for AOS. Period.

t

That's news to me.

You can file AOS if you're I-130 is pending, if you are an immediate relative of a US citizen.