K3 and AOS

[soni1952 0]

hello,

I wanted to know, if my wife comes here on K3 visa, does she have to apply for AOS..?? Ideally, I would like her to go back to India when her interview call for CR1 comes in rather than doing AOS here ins US. . Is this possible when you apply for K3 visa? any comments will do great..!!! thanks...

[MissStacey 1]

Yes, going back to finish the CR1 process is an option for her. If she is going to finish the CR1, she wouldn't file AOS with the K3.

Edited February 11, 2007 by Stacey33

[YuAndDan 153]

One thing to keep in mind, since november or december, USCIS and NVC have started holding any I-130 petitions at USCIS if a K-3 (I-129F) is filed and assume all K-3 visa holders are going to do AOS, if the petitioner wants the I-130 to move through NVC and on to the consulate to generate the CR-1/IR-1 visa, the petitioner needs to file an I-824 and pay $200 fee.

I-824

[Yodrak 7]

YuAndDan,

The petitioner will not necessarily need to submit I-824 to get their I-130 sent to the NVC. If they know that's what they want to do, as this petitioner does, they should clearly indicate this when they submit the I-130.

Most petitioners seem to still be playing the 'which ever get's their first' game, and don't give a clear indication.

Yodrak

One thing to keep in mind, since november or december, USCIS and NVC have started holding any I-130 petitions at USCIS if a K-3 (I-129F) is filed and assume all K-3 visa holders are going to do AOS, if the petitioner wants the I-130 to move through NVC and on to the consulate to generate the CR-1/IR-1 visa, the petitioner needs to file an I-824 and pay $200 fee.

I-824

[vylex 0]

YuAndDan,

The petitioner will not necessarily need to submit I-824 to get their I-130 sent to the NVC. If they know that's what they want to do, as this petitioner does, they should clearly indicate this when they submit the I-130.

Most petitioners seem to still be playing the 'which ever get's their first' game, and don't give a clear indication.

Yodrak

One thing to keep in mind, since november or december, USCIS and NVC have started holding any I-130 petitions at USCIS if a K-3 (I-129F) is filed and assume all K-3 visa holders are going to do AOS, if the petitioner wants the I-130 to move through NVC and on to the consulate to generate the CR-1/IR-1 visa, the petitioner needs to file an I-824 and pay $200 fee.

I-824

Yodrak, would it be simple case of me attaching a letter stating that if the I-130 gets approved first, that I would like it forwarded to the overseas Consulate? It's a bit confusing for me because they wouldn't know that I am also filing for a K-3 until I get the NOA1. Would I send it in with the K-3 application then?

Thanks!

[Yodrak 7]

vylex,

You've asked an excellent question, to which I don't have a good answer. I have not seen any situations reported where a person has indicated with their I-130 submission that they will be doing what soni (and you?) wants to do - follow the I-130 with an I-129f, then pursue an immigrant visa after K3 rather than adjust status. Nor has USCIS given any clear guidance on the subject that I've seen, just the general statement that I repeated in my post.

I would be inclined to spell out the plans in a cover letter, and in an attachment to the I-130, and even write it in the margin of the I-130, perhaps at question C.22 Maybe 1 of the 3 will get noticed and acted on.

One thing does seem clear from the anecdotal evidence - simply entering a consulate name in question C.22 is not sufficient to get the petition sent on.

Yodrak

YuAndDan,

The petitioner will not necessarily need to submit I-824 to get their I-130 sent to the NVC. If they know that's what they want to do, as this petitioner does, they should clearly indicate this when they submit the I-130.

Most petitioners seem to still be playing the 'which ever get's their first' game, and don't give a clear indication.

Yodrak

One thing to keep in mind, since november or december, USCIS and NVC have started holding any I-130 petitions at USCIS if a K-3 (I-129F) is filed and assume all K-3 visa holders are going to do AOS, if the petitioner wants the I-130 to move through NVC and on to the consulate to generate the CR-1/IR-1 visa, the petitioner needs to file an I-824 and pay $200 fee.

I-824

Yodrak, would it be simple case of me attaching a letter stating that if the I-130 gets approved first, that I would like it forwarded to the overseas Consulate? It's a bit confusing for me because they wouldn't know that I am also filing for a K-3 until I get the NOA1. Would I send it in with the K-3 application then?

Thanks!

[vylex 0]

vylex,

You've asked an excellent question, to which I don't have a good answer. I have not seen any situations reported where a person has indicated with their I-130 submission that they will be doing what soni (and you?) wants to do - follow the I-130 with an I-129f, then pursue an immigrant visa after K3 rather than adjust status. Nor has USCIS given any clear guidance on the subject that I've seen, just the general statement that I repeated in my post.

I would be inclined to spell out the plans in a cover letter, and in an attachment to the I-130, and even write it in the margin of the I-130, perhaps at question C.22 Maybe 1 of the 3 will get noticed and acted on.

One thing does seem clear from the anecdotal evidence - simply entering a consulate name in question C.22 is not sufficient to get the petition sent on.

Yodrak

Thanks for the response Yodrak! It's very much appreciated. My exact plans are unclear as I still have positive hopes for the DCF's return. It seems that the I-130 (these days) and K-3+AOS take almost the same time (the AOS requiring additional paperwork). I'll have to do a little more thinking about the situation and subsequent tradeoffs. The bottom line of course is that I want to be re-united with my wife.