Please Help Us VJ-overwhelmed again! Just arrived in the US on a K-3 Visa

[GarynMarie 0]

Hi everyone,I sure hope I can get some help from the board again-I am overwhelmed with info and confused .

This is the deal. Both the I129F and the I130 were approved on the same day(about 5 months ago) we chose to have Marie enter on a K-3 Visa so we didnt do anything else with the I-130. Marie had her K-3 VISA interview and is now here in the United States. She entered about 2 weeks ago.

This is where I am confused.

#1)I thought we didnt adjust Maries status until 90 days prior to her 2 year entry date.

#2)Is there anything related to the I-130 that still needs to be addressed.

#3)Can we send in for her EAD(employement authorization) before we send in for the AOS-

I will explain below why we might want to do this!

#4)On The I-94 immigration put in Maries passport upon entry in Detroit Michigan the officer put a stamp that is oval shaped-1 3/4" wide by 1 inch high. Its blue in color and has the entry date(Mar 21,2007), the class of Visa(hand wrote K3) and also hand written below the stamp is the date March 20,2009.On the border of the stamp it starts to say Department of Homeland Security and then fades away-I cant read the rest of it except for "Border Protection"after the faded area. There is also #'s 38 and 6466 on it. WHAT IS THIS STAMP???? Its also stamped on her Passport and Visa!

Okay-now if you all arent tired of reading yet I will tell you why I might want to wait to file for AOS. One week after Marie got here on her K-3 Visa I was fired from my job. I am concerned about filing the AOS right now because I dont have a job. I do have a co-sponsor but I am sure that they are going to want to see that I also have a job regardless of the income in might generate. Should we and/or can we wait to file the AOS until I have a new job and have been working for awhile?

(In relation to question #1)HOW SOON ARE WE REQUIRED TO FILE FOR AOS ON A K3 VISA ??

Thanks Ahead of time for anyone who might be so kind as to help. GOD BLESS! Gary and Marie

[alohaspirit 0]

#1)I thought we didnt adjust Maries status until 90 days prior to her 2 year entry date.

#2)Is there anything related to the I-130 that still needs to be addressed.

#3)Can we send in for her EAD(employement authorization) before we send in for the AOS-

I will explain below why we might want to do this!

#4)On The I-94 immigration put in Maries passport upon entry in Detroit Michigan the officer put a stamp that is oval shaped-1 3/4" wide by 1 inch high. Its blue in color and has the entry date(Mar 21,2007), the class of Visa(hand wrote K3) and also hand written below the stamp is the date March 20,2009.On the border of the stamp it starts to say Department of Homeland Security and then fades away-I cant read the rest of it except for "Border Protection"after the faded area. There is also #'s 38 and 6466 on it. WHAT IS THIS STAMP???? Its also stamped on her Passport and Visa!

Okay-now if you all arent tired of reading yet I will tell you why I might want to wait to file for AOS. One week after Marie got here on her K-3 Visa I was fired from my job. I am concerned about filing the AOS right now because I dont have a job. I do have a co-sponsor but I am sure that they are going to want to see that I also have a job regardless of the income in might generate. Should we and/or can we wait to file the AOS until I have a new job and have been working for awhile?

(In relation to question #1)HOW SOON ARE WE REQUIRED TO FILE FOR AOS ON A K3 VISA ??

Thanks Ahead of time for anyone who might be so kind as to help. GOD BLESS! Gary and Marie

1. Yep, K-3 expires in 2 years. She would file AOS before her K-3 status expire.

2. You will need the I-130 NOA-2 (approval notice) to submit with the AOS package.

3. Yes she can apply for EAD especially she's going to need it in order to get her SSN.

4. That's just a stamp to legally enter the US and the March 20, 2009 is when the K-3 status expires. She'll have to file AOS before her K-3 expires.

HOW SOON ARE WE REQUIRED TO FILE FOR AOS ON A K3 VISA ?? As soon as you can! You can use a co-sponsor if you make less than the poverty level.

[Reba 2]

check the processing timelines for your district office for AOS applications. Some are fast, others not so much. If their timeline is a year or more, you'll want to send in the AOS applications asap. Of most concern is if you leave it too long, her K3 medical exam will expire and you'll have to fork out a few hundred dollars for another one. Send in the AOS applications before the medical expires, which is one year from the date of her last one. (not one year from the date of her entry!)

Find someone willing to be a joint sponsor, and if your situation changes before her interview, then you can probably relieve the joint sponsor of their obligation anyway.

[kim&james 0]

DItto what Reba said about the medical exam file AOS before the 12 month birthday of that date, but also as a K3 you should immediately file for an EAD which you can do without filing for AOS. This will allow your wife to get a SSN drivers license etc.

[CanadaGirl 0]

Hello,

You are pretty much in the same situation I was in. I entered the US on a K3 April of 2006. We applied for a EAD before we applied for AOS because we just couldn’t afford the application fee for the AOS. You can apply for AOS as soon as possible. Don’t worry about waiting 6 months or so but I wouldn’t leave it too long.

The I-130 will still be processing until you apply for your AOS. Once you apply for AOS, they will stop processing your I-130 but you don’t need to do anything for that.

That stamp on your passport shows that she entered on March 21st 2007 with a K3 visa and her visa expires on March 20th 2009. I have the same one in my passport.

You can PM me if you have any questions. Check out my timeline too.

[CutienPurg 0]

Reba made a really good point about the medical, something I dont think a lot of people would consider.

Couple things though ......

The USCIS doesnt care if you're employed or not. You have a joint sponsor that's all they care about. The obligation of the sponsor , joint or otherwise, doesnt begin until the immigrant obtains PR status.

If you still decide to wait and you file for AOS and AOS hasn't occured and your k-3 is about to expire , you can file for an extension.

Good Luck

[Yodrak 7]

GarynMarie,

#1) Maries can apply to adjust status any time she wants. She most certainly does not have to, and as others have pointed out probably does not want to, wait until her authorized stay in the USA is about to expire.

#2) No, not if the USCIS has retained the approved I-130. The USCIS will store the file until it's needed again for the adjustment of status. If the USCIS has forwarded the approved I-130 to the NVC, when you hear from the NVC you should write back telling the NVC to return the approved petition to the USCIS because Marie plans to adjust status rather than apply for an immigrant visa.

#3) Yes Marie can apply for EA prior to applying for AOS. Indeed, there is a benefit for a K3 to do exactly that.

#4) You are describing the entry stamp.

Your I-864 can include the total household income. So if Marie gets a job paying the necessary 125% of poverty level income you can still be out of work and she can go ahead and apply for adjustment of status.

Yodrak

Hi everyone,I sure hope I can get some help from the board again-I am overwhelmed with info and confused .

This is the deal. Both the I129F and the I130 were approved on the same day(about 5 months ago) we chose to have Marie enter on a K-3 Visa so we didnt do anything else with the I-130. Marie had her K-3 VISA interview and is now here in the United States. She entered about 2 weeks ago.

This is where I am confused.

#1)I thought we didnt adjust Maries status until 90 days prior to her 2 year entry date.

#2)Is there anything related to the I-130 that still needs to be addressed.

#3)Can we send in for her EAD(employement authorization) before we send in for the AOS-

I will explain below why we might want to do this!

#4)On The I-94 immigration put in Maries passport upon entry in Detroit Michigan the officer put a stamp that is oval shaped-1 3/4" wide by 1 inch high. Its blue in color and has the entry date(Mar 21,2007), the class of Visa(hand wrote K3) and also hand written below the stamp is the date March 20,2009.On the border of the stamp it starts to say Department of Homeland Security and then fades away-I cant read the rest of it except for "Border Protection"after the faded area. There is also #'s 38 and 6466 on it. WHAT IS THIS STAMP???? Its also stamped on her Passport and Visa!

Okay-now if you all arent tired of reading yet I will tell you why I might want to wait to file for AOS. One week after Marie got here on her K-3 Visa I was fired from my job. I am concerned about filing the AOS right now because I dont have a job. I do have a co-sponsor but I am sure that they are going to want to see that I also have a job regardless of the income in might generate. Should we and/or can we wait to file the AOS until I have a new job and have been working for awhile?

(In relation to question #1)HOW SOON ARE WE REQUIRED TO FILE FOR AOS ON A K3 VISA ??

Thanks Ahead of time for anyone who might be so kind as to help. GOD BLESS! Gary and Marie

[Killer_Clown_2009 0]

You could file your wife's EAD application immediately and then her income (when she starts working) can be used as income to help sponsor her.

[Yodrak 7]

CanadaGirl,

GarynMarie wrote that the I-130 has been approved. It's done processing already.

Yodrak

.....

The I-130 will still be processing until you apply for your AOS. Once you apply for AOS, they will stop processing your I-130 but you don't need to do anything for that.

......

[meauxna 15]

Your I-864 can include the total household income. So if Marie gets a job paying the necessary 125% of poverty level income you can still be out of work and she can go ahead and apply for adjustment of status.

Additionally, you may have assets between the two of you that are sufficient in lieu of income.

Or, a Joint Sponsor may be an option.

[CanadaGirl 0]

Ahhh I missed that. Thanks for pointing it out!

[notrepetiteashley 0]

I (the USC) did not have a job at the time of our interview. No problems. I just explained I had just graduated and lived in a small town where there were no jobs. We had a joint-sponser (my mother.)

[MissStacey 1]

We are going to file the EAD and the AOS as soon as I go back to the US with my K3.

Hopefully I will be back before the processing fees go up.

[Jashley820 0]

We are going to file the EAD and the AOS as soon as I go back to the US with my K3.

Hopefully I will be back before the processing fees go up.

Does anyone know when the fees are going up? I am hoping to file my AOS within the next 3 weeks...

Thanks in advance for the help!

[MissStacey 1]

We are going to file the EAD and the AOS as soon as I go back to the US with my K3.

Hopefully I will be back before the processing fees go up.

Does anyone know when the fees are going up? I am hoping to file my AOS within the next 3 weeks...

Thanks in advance for the help!

The next 3 weeks, you have nothing to worry about.

I have heard different dates- at first I heard June or July of this year, then October, then sometime in 2008.

I'm not sure myself when they will go up.