What do I do next?

[shulady 0]

Has anyone had this situation? I am waiting for my interview date for my K-3 Visa and have just been notified that my I-130 has been approved. Should I abandon my K-3 and pursue my I-130?

Has anyone had this happen to them and what route did you go?

[jennieh 0]

You can still go on with the I-130 and still do the K3. See the I-130 has to catch up with the K3 which probably wont happen. The I-130 spends alot of time at the National Visa Center filling out forms and paper work then you have to wait for another interview date so you probably dont need to worry. But its up to you but you have do to the I-130 anyways.

[aussiewench 9]

You can continue with the K-3, gain the visa, enter the US and wait for the approval of adjustment status once you have an approved I-130.

Remember, the I-130 and I-129F are petitions.

An applicant needs an approved I-129F to enable them to apply for a K-3 visa. An approved I-130 is then needed to be able to adjust status.

An applicant needs an approved I-130 to enable them to apply for a CR-1 visa which means there is no adjustment of status once in the US as it is all done at the NVC stage and then completed at interview stage at the consulate.

Choices

* If you are wanting to adjust status in the US from a K-3 visa, one doesnt have to do anything else with the I-130 except to wait for its approval.

* Continue with the I-130 at NVC stage as if you were going to apply for a CR-1 but still enter the US on a K-3 visa. You then have a choice to either adjust status in the US from the K-3 visa, or return to country of resident for the CR-1 interview once it has been completed at NVC and forwarded to consulate. Lots of members have taken this option particularly when the country of residence is not too far away, as it is a lot less hassle then AOS in the US.

* If an I-130 petition is close to completion at NVC and or arrives at the consulate before or at the same time as an I-129F petition........the I-130 will over-ride the I-129F. This is unlikely in your case as the I-130 is still at a minumum a couple of months from when it would be completed at NVC.

If you have entered on a K-3 and continued the processing of the I-130 at NVC but decide in the end that you wish to adjust status in the US, you would need to notify NVC of that in writing.

Hope this helps to understand it a little better.

Lorelle