Lawyer or InfoPass?

[Singers 0]

I am going to file my husband's AOS. From what I can tell, no one on VJ has ever been in the same situation as me. I am not sure whether or not I should 'cancel' my husbands K-3 visa (which is still pending) or if we should let it ride out. (though getting AP for a visa interview should be interesting. lol)

After reading here that USCIS is completely unreliable on giving proper answers, should I pay for the lawyer or should I make an appointment to see an immigrations officer through InfoPass?

Other than this ONE question I do not need the lawyer's help. All the forms are relatively straightforward and I can file them by myself. We do not have any complications.. I can sponsor him myself, no children, no police problems etc.

Can they answer my question at an Infopass appointment?

[rebeccajo 14]

I don't see what your question is.

Your husband's K3 is still pending? Yet you want to file AOS for him?

I don't get what you want to do.

[Mirlan 0]

Please We dont understand What is your Question ?

Thanks

[Singers 0]

Yes. We have an approved I-130 that states we should file the I-485. I called USCIS and they said file the I-485.

I've never heard of anyone filing the I-485 without their K visa being approved first. We are basically skipping a step and that seems wrong.

So should I hire a lawyer and ask about the K visa or can I just use InfoPass for an appointment and ask what to do about the pending K-3 visa?

I think I might just hire the lawyer.

[meauxna 15]

Yes. We have an approved I-130 that states we should file the I-485. I called USCIS and they said file the I-485.

I've never heard of anyone filing the I-485 without their K visa being approved first. We are basically skipping a step and that seems wrong.

So should I hire a lawyer and ask about the K visa or can I just use InfoPass for an appointment and ask what to do about the pending K-3 visa?

I think I might just hire the lawyer.

Where is your foreign spouse?

If outside the US, you may not yet file AOS.

[Dr_LHA 3]

This is the case where your husband was visiting on a Visa Waiver when his I-130 got approved right? I thought USCIS told you it was OK to file I-485. Why don't you just take their advice?

[pnd629 0]

Your husband should submit his own AOS paperwork after he is in the U.S.

The paperwork asks for the date in which he entered the U.S. and if you have an interview, you both must appear with documents that show he lives at your address. You can not apply to adjust his status until he is here.

[Patrick_A 0]

USCIS advised you correctly. I-130 has precedence over K-3 Visa. It is very, very, very rare for a I-130 to be approved before the K-3 visa is approved.

Once ur "SO" is here, you file for AOS because that is ur best option.

Pat

[Singers 0]

Thanks everyone. Now that I've been surfing VJ for awhile (and actually managing to respond to postings!) I've gained a lot more knowledge and confidence.

We've gone ahead and filed for AOS. Especially since our K-3 hasn't been touched since it was submitted!

[Yodrak 7]

Singers,

Your I-130 petition was approved 2 months ago?

What is it you mean by the acronym 'AOS'? [edit: Never mind - I forgot about your 2nd post.]

Yodrak

Thanks everyone. Now that I've been surfing VJ for awhile (and actually managing to respond to postings!) I've gained a lot more knowledge and confidence.

We've gone ahead and filed for AOS. Especially since our K-3 hasn't been touched since it was submitted!

Edited April 9, 2007 by Yodrak

[hcj 0]

This is the case where your husband was visiting on a Visa Waiver when his I-130 got approved right? I thought USCIS told you it was OK to file I-485. Why don't you just take their advice?

Not for the OP since they have already decided on a course of action, but for anyone else reading: not necessarily a good idea to do what "USCIS" told you to do (btw is that USCIS the 800# help line or an officer at an infopass appt?) without independent verification because USCIS is not your lawyer, may not be qualified to give you legal advice, and in the event that they advise you incorrectly, it is *your* problem, not theirs and there will not be any exception made because they gave you the wrong information. You are the one who will suffer the consequences of an incorrect/illegal action even if USCIS told you to do it that way.

[hcj 0]

Singers --

An approved I-130 renders the I-129f moot -- there is no point in the I-129f anymore.

An approved I-130 means your spouse can pursue an immigrant visa (usually CR-1) at the US consulate in his home country. With an immigrant visa your spouse will enter the US as an LPR (green card holder). No more paperwork to file (at least not until you remove conditions). You can see how this would make the I-129f/K-3 moot -- as the K-3 visa would necessitate further steps to be taken to achieve LPR status, whereas an immigrant visa already gives you LPR status on entry to the US.

Since your spouse was legally in the US at the time that the I-130 was approved, I suppose filing I-485 is the other technical option to get LPR status. I am not sure I would have pursued that course myself.

[meauxna 15]

Thanks everyone. Now that I've been surfing VJ for awhile (and actually managing to respond to postings!) I've gained a lot more knowledge and confidence.

We've gone ahead and filed for AOS. Especially since our K-3 hasn't been touched since it was submitted!

Well, congratulations on making a decision. Since you never posted the whole story here, we'll have to take your word for it!

[Singers 0]

I completely understand the not trusting the USCIS advice from the hotline (from what I've read, it is pretty unreliable and I already had that impression when the girl answer my question without really hearing what I had to say.) which is what prompted me to start this thread.

My husband is in the United States so we filed the I-485. I've spoken with other members (via PM) that have done this as well and they have had no problem. Hopefully the same can be said for us when our case is reviewed.

I know my course of action isn't for everyone and I am NOT recommending anyone follow in my footsteps!

I'll keep everyone updated so anyone in a similar situation can have a point of reference. It's nice to know you're not in unchartered waters!

[LaL 418]

PM's from other members can also be unreliable!