Is she a conditional resident

[hahuhobrad 0]

Hello everyone. I need help. My wife entered the USA on a K-3 visa back in Oct 06. When she entered, we had been married for more than 2 years. Since her entry, we have never received anything from USCIS. Am I correct to think that she should have received a green card? Now I am not sure what to do next. How do I know her status? Is she a conditional permanent resident, or is she a permanent resident? How can I find this out? What should I do next? We want to get her work authorization and SS#, but It seems we have unfinished business with the green card. I appreciate your comments:)

[john_and_marlene 162]

If she came on the K3, she is not a permanent resident. Her entry was for 2 years. To become a permanent resident, she will need to apply for adjusment of status using I-485. You can make this application anytime after entry. The only thing that will be automatic is the expiration of her authorized stay if you take no action to adjust status.

[Yodrak 7]

hahuhobrad,

Or, if she prefers, she can apply for an immigrant visa. Has your I-130 petition been approved?

Yodrak

If she came on the K3, she is not a permanent resident. Her entry was for 2 years. To become a permanent resident, she will need to apply for adjusment of status using I-485. ......

[john_and_marlene 162]

You can apply for work authorization at any time with I-765.

[boo boo 1]

Hello everyone. I need help. My wife entered the USA on a K-3 visa back in Oct 06. When she entered, we had been married for more than 2 years. Since her entry, we have never received anything from USCIS. Am I correct to think that she should have received a green card? Now I am not sure what to do next. How do I know her status? Is she a conditional permanent resident, or is she a permanent resident? How can I find this out? What should I do next? We want to get her work authorization and SS#, but It seems we have unfinished business with the green card. I appreciate your comments:)

Have you filed the AOS form (I-485) after your wife arrived? I am still new to everything, but I believe anyone w/ comes to the US on a K1 or K3 should file the AOS after arriving in the sUS...within a certain time period. I could be mistaken....but that is what I believe.

[boo boo 1]

Hello everyone. I need help. My wife entered the USA on a K-3 visa back in Oct 06. When she entered, we had been married for more than 2 years. Since her entry, we have never received anything from USCIS. Am I correct to think that she should have received a green card? Now I am not sure what to do next. How do I know her status? Is she a conditional permanent resident, or is she a permanent resident? How can I find this out? What should I do next? We want to get her work authorization and SS#, but It seems we have unfinished business with the green card. I appreciate your comments:)

Have you filed the AOS form (I-485) after your wife arrived? I am still new to everything, but I believe anyone w/ comes to the US on a K1 or K3 should file the AOS after arriving in the sUS...within a certain time period. I could be mistaken....but that is what I believe.

Hello everyone. I need help. My wife entered the USA on a K-3 visa back in Oct 06. When she entered, we had been married for more than 2 years. Since her entry, we have never received anything from USCIS. Am I correct to think that she should have received a green card? Now I am not sure what to do next. How do I know her status? Is she a conditional permanent resident, or is she a permanent resident? How can I find this out? What should I do next? We want to get her work authorization and SS#, but It seems we have unfinished business with the green card. I appreciate your comments:)

Have you filed the AOS form (I-485) after your wife arrived? I am still new to everything, but I believe anyone w/ comes to the US on a K1 or K3 should file the AOS after arriving in the sUS...within a certain time period. I could be mistaken....but that is what I believe.

[kim&james 0]

Agree with John and Marlene. As a K3 she will still need to adjust her status to become a resident. However, since you have been married for over 2 years, she will recieve a 10 year greencard after approval.

You can file the AOS paperwork at anytime during her stay however it would be beneficial if you immediately file for a EAD as this will then allow her to apply for a SSN and get your bank accounts drivers license and stuff going.

Also note that you have 1 year from her initial overseas medical date before that expires so to save yourself money in not having to do a complete medical probably better to file AOS before that date. You will probably need to visit a civil surgeon anyway to complete the I693-A which is the vaccination supplement, if all her shots where not given at the overseas medical. You can get the shots anywhere so if your insurance covers those get them done cheaper elsewhere and take the record to the CS for transfer. This can cost anywhere from $0-$extortion rates just for them to sign paperwok. Shop around the CS in your area!!!!!

[YuAndDan 153]

Nothing is automatic on a K-3 non-immigrant visa you need to either file to adjust status by using I-485, or if the IR-1/CR-1 visa is approved, and in process by the consulate in home country, return to the consulate to interview for the Immigrant Visa. In your case since you have been married for more than 2 years, you would get a 10 year un-conditional Green-Card, either through AOS or by getting immigrant visa through the consulate in your spouse's home country.

The IR-1 / CR-1 visa is the visa type that would have automatically generated a green-card, because the visa is an immigrant visa.

SEE the guides:

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos (AOS from K-3)

http://www.visajourney.com/forums/index.ph...page=i130guide1 (IR-1)

[Yodrak 7]

kim&james,

No, she does not "need to" adjust her status. Most K3s do, but adjusting status is 1 of 2 options for obtaining LPR status.

Yodrak

Agree with John and Marlene. As a K3 she will still need to adjust her status to become a resident. .....

[hahuhobrad 0]

hahuhobrad,

Or, if she prefers, she can apply for an immigrant visa. Has your I-130 petition been approved?

Yodrak

If she came on the K3, she is not a permanent resident. Her entry was for 2 years. To become a permanent resident, she will need to apply for adjusment of status using I-485. ......

Yodrak,

Thanks for the reply. Accually, her I-130 was approved just after her arrival to the USA, but Thailand is a $1200 flight away and that seems like alot just to avoid some paperwork. Besides that, she is working on getting her Nursing Liscensing in the US, which is another convoluted process. One thing that's interesting. When we went for the interview in Thailand, he lady acually told us that we could have our IR-1 interview here in the USA. She said it was suppose to be possible but that the local offices just don't want to do it and will say they cannot. She said if you push them, you can get it done.

Ok...thanks for the answers from everyone.

[hahuhobrad 0]

hahuhobrad,

Or, if she prefers, she can apply for an immigrant visa. Has your I-130 petition been approved?

Yodrak

If she came on the K3, she is not a permanent resident. Her entry was for 2 years. To become a permanent resident, she will need to apply for adjusment of status using I-485. ......

Yodrak,

Thanks for the reply. Accually, her I-130 was approved just after her arrival to the USA, but Thailand is a $1200 flight away and that seems like alot just to avoid some paperwork. Besides that, she is working on getting her Nursing Liscensing in the US, which is another convoluted process. One thing that's interesting. When we went for the interview in Thailand, he lady acually told us that we could have our IR-1 interview here in the USA. She said it was suppose to be possible but that the local offices just don't want to do it and will say they cannot. She said if you push them, you can get it done.

Ok...thanks for the answers from everyone.

I just talked with USCIS. I can file the I-485 and submit it with my approved I-130 through the Chicago office.

[Yodrak 7]

hahuhobrad,

Did she really use the term "IR-1 interview"?

Note that DoS does not have local offices in the USA, and adjustment of status from K3 does not result in IR-1 LPR status.

Yodrak

Yodrak,

Thanks for the reply. Accually, her I-130 was approved just after her arrival to the USA, but Thailand is a $1200 flight away and that seems like alot just to avoid some paperwork. Besides that, she is working on getting her Nursing Liscensing in the US, which is another convoluted process. One thing that's interesting. When we went for the interview in Thailand, he lady acually told us that we could have our IR-1 interview here in the USA. She said it was suppose to be possible but that the local offices just don't want to do it and will say they cannot. She said if you push them, you can get it done.

Ok...thanks for the answers from everyone.