K-3 in hand, but still no I-130 Approval...

[EmilyRugBurn 0]

Greetings, Vjers

I see that others are in the same boat with the VSC. As you can see from my timeline (below), no touches (no nothing) on my I-130 petition since receiving the NOA1 last August (`06). I'm coming up on 8 months now.

Thankfully, in a few weeks, I will finally be with my husband in the US on a K-3. To avoid the AOS fees/paperwork (and since I will be driving distance from Montreal), I had always planned on returning for the IR-1 interview. Is this still a possibility? What if my K-3 expires before I get an approval/interview date? Is the expiry date of the K-3 automatically extended (do I need to apply for an extension)?

Since I cannot go the AOS route (since I do not have an approved I-130 petition), what can I do? Apply for the EAD? Get an SSN?

Thanks for any assistance/advice!

Cheers!,

Em

[sunset2005 0]

hello

my husband will be here next week on a K3 as well without the approval of the I130. I have learned that even without an approval they still can adjust their status and be able to work here. All I can say is Thank God for the K3! Good Luck!!

[Yodrak 7]

EM,

The length of stay granted to a K3 entrant is 2 years, and the K3 visa is a multi-entry visa valid for 2 years. Plenty of time for the I-130 petition to be approved in most cases.

You can go the AOS route if you wish. You do not need an approved I-130 to apply for adjustment of status, the I-130 will be approved by the time the application for adjustment is approved. If you do this, apply for EA befor applying for AOS.

Yodrak

Greetings, Vjers

I see that others are in the same boat with the VSC. As you can see from my timeline (below), no touches (no nothing) on my I-130 petition since receiving the NOA1 last August (`06). I'm coming up on 8 months now.

Thankfully, in a few weeks, I will finally be with my husband in the US on a K-3. To avoid the AOS fees/paperwork (and since I will be driving distance from Montreal), I had always planned on returning for the IR-1 interview. Is this still a possibility? What if my K-3 expires before I get an approval/interview date? Is the expiry date of the K-3 automatically extended (do I need to apply for an extension)?

Since I cannot go the AOS route (since I do not have an approved I-130 petition), what can I do? Apply for the EAD? Get an SSN?

Thanks for any assistance/advice!

Cheers!,

Em

[EmilyRugBurn 0]

EM,

The length of stay granted to a K3 entrant is 2 years, and the K3 visa is a multi-entry visa valid for 2 years. Plenty of time for the I-130 petition to be approved in most cases.

It sounded like a lot of time when I sent in my petition (nearly 8 months ago) but I'm getting quite worried about it.

You can go the AOS route if you wish. You do not need an approved I-130 to apply for adjustment of status, the I-130 will be approved by the time the application for adjustment is approved. If you do this, apply for EA befor applying for AOS.

Yodrak

I thought I needed the NOA2 from the I-130 to adjust status? Not that I want to, mind you. I would much prefer to just wait for the IR-1 interview in Montreal. I'm hoping you're right (that I've still got plenty of time).

Thanks for your help, Yodrak!

Edited March 28, 2007 by EmilyRugBurn

[EmilyRugBurn 0]

All I can say is Thank God for the K3! Good Luck!!

Thanks, maureen! To you as well!

Yes, I am SO glad I applied for the K-3. I know a lot of people have chosen not to, but it really worked out for us. I read (in other threads) that the I-130 can 1 year+ for approval. At least I'm already two thirds of the way there.

[knowledge 0]

All I can say is Thank God for the K3! Good Luck!!

Thanks, maureen! To you as well!

Yes, I am SO glad I applied for the K-3. I know a lot of people have chosen not to, but it really worked out for us. I read (in other threads) that the I-130 can 1 year+ for approval. At least I'm already two thirds of the way there.

Yup, that's us... being "purist" one way, didn't work for us yet...So seing your route, certaintly, even now after all this time waiting we think seriously for a k-3...we should have done it....

[EmilyRugBurn 0]

Yup, that's us... being "purist" one way, didn't work for us yet...So seing your route, certaintly, even now after all this time waiting we think seriously for a k-3...we should have done it....

So sorry, knowledge. I can only imagine how frustrated you must be. Especially since a lot of people who sent in their petitions after us already have approvals (and in some cases, CR-1/IR-1 visas).

A lot of people seem to think that when you submit the I-129F petition (for a K-3) that it pushes everything else along. It's not too late to for you and you can always abandon it for the CR-1/IR-1 when it gets approved?...

Anyway, good luck to you.

[Yodrak 7]

EmilyRugBurn,

Your question is overly simple by using the phrase "to adjust status". You need to break it down into the steps involved.

I repeat - you do not need to have an approved I-130 to apply to adjust status, the I-130 will be approved before the application to adjust status is approved.

Yodrak

You can go the AOS route if you wish. You do not need an approved I-130 to apply for adjustment of status, the I-130 will be approved by the time the application for adjustment is approved. If you do this, apply for EA befor applying for AOS.

Yodrak

I thought I needed the NOA2 from the I-130 to adjust status? .....

Edited March 28, 2007 by Yodrak

[EmilyRugBurn 0]

EmilyRugBurn,

Your question is overly simple, and improperly worded, by using the phrase "to adjust status".

I repeat - you do not need to have an approved I-130 to apply to adjust status, the I-130 will be approved before the application to adjust status is approved.

Yodrak

My apologies, Yodrak. I understood what you told me. Yes, I suppose I meant to say "apply to adjust status". Consider my hand slapped.

And you are also correct that 2 years is a long time; I can't imagine the I-130 taking that much longer to get approved.

Once I'm in the US, I don't think I will apply to adjust status as I would much prefer to return to Montreal for the IR-1 interview. I will just need to be (more) patient.

Thanks again for your advice and assistance.

[S.M. 0]

Yodrak,

You suggested to apply for EA before applying for AOS. Should one wait to have the EA approved before applying for AOS?

Thanks.

EmilyRugBurn,

Your question is overly simple by using the phrase "to adjust status". You need to break it down into the steps involved.

I repeat - you do not need to have an approved I-130 to apply to adjust status, the I-130 will be approved before the application to adjust status is approved.

Yodrak

You can go the AOS route if you wish. You do not need an approved I-130 to apply for adjustment of status, the I-130 will be approved by the time the application for adjustment is approved. If you do this, apply for EA befor applying for AOS.

Yodrak

I thought I needed the NOA2 from the I-130 to adjust status? .....

[Yodrak 7]

S.M.,

Up to you.

Yodrak

Yodrak,

You suggested to apply for EA before applying for AOS. Should one wait to have the EA approved before applying for AOS?

Thanks.

[knowledge 0]

Yup, that's us... being "purist" one way, didn't work for us yet...So seing your route, certaintly, even now after all this time waiting we think seriously for a k-3...we should have done it....

So sorry, knowledge. I can only imagine how frustrated you must be. Especially since a lot of people who sent in their petitions after us already have approvals (and in some cases, CR-1/IR-1 visas).

A lot of people seem to think that when you submit the I-129F petition (for a K-3) that it pushes everything else along. It's not too late to for you and you can always abandon it for the CR-1/IR-1 when it gets approved?...

Anyway, good luck to you.

Thanks EmilyRug for the support!...One poster received more info of what's going on in Vermont..so that helps...mainly, we forgot that US is still at war..or post-war, receives a lot of war refugees...so if that's the case (among all the changes)..well..we can not complain, waiting in a safe country...that changes the perspectives of waiting...So we do what we can with our case...of what is possible to do...!!!