K-3 to AOS HELP

[felina 0]

My husband arrived back in the US on a K-3 visa January 13th. We are now beginning the AOS proccess but have a problem. During his K-3 interview Ciudad Juarez kept the approval notice of the I-130. I know I need to send in a copy with the AOS packet. Any ideas, wouldn't it make sense to USCIS that if my husband is here already, then the I-130 was approved!

Please help!

[Yodrak 7]

felina,

If you're lucky, the Approval Notice is in the Mysterious Brown Envelope that was turned over to the CBP at the POE, which will be forwarded on to the USCIS. You might want to see if you can contact the consulate to see if that's the case, or if they still have it in their file.

In the meantime, your immediate problem is getting the I-485 package past the checkers at the NBC's Chicago Lockbox, who will be looking to see that the submission is complete. You might try using a copy of the Approval Notice with an attached note explaining why a copy rather than the original.

Why was the I-130 Approval Notice even at the interview, and why was it turned over to the consular officer? In many cases, a K3 visa applicant is taking their interview while the I-130 petition is still in processing. (So no, it would not make sense to USCIS that the I-130 was approved for a person who entered the USA as a K3, because it may very well not have been approved yet.)

Yodrak

My husband arrived back in the US on a K-3 visa January 13th. We are now beginning the AOS proccess but have a problem. During his K-3 interview Ciudad Juarez kept the approval notice of the I-130. I know I need to send in a copy with the AOS packet. Any ideas, wouldn't it make sense to USCIS that if my husband is here already, then the I-130 was approved!

Please help!

[K3matter 0]

Felina:

you need to have copy of an approval notice of I-130 which you will have to submitt along with I-485 package.

If you didn't have a copy of this aproval notice then you will have to apply at USCIS for duplicate approval notice prior to apply for AOS

goodluck

[Together 0]

Felina:

you need to have copy of an approval notice of I-130 which you will have to submitt along with I-485 package.

If you didn't have a copy of this aproval notice then you will have to apply at USCIS for duplicate approval notice prior to apply for AOS

goodluck

Hi K3matter,

I noticed that you filed for AP on your timeline. Why did you do so if you came on a K3 visa? I thought that it was a multientry visa?

[K3matter 0]

Together:

Yes, K3 is valid for multiple entries. But my attorney says that law is not clear about whether K3 visa is valid or not once you apply for AOS. So, sometimes at POE, the immigration officer asks for advance parole once they know that you have applied for AOS.

So, to be safe side, I have applied for advance parole.

[Together 0]

Together:

Yes, K3 is valid for multiple entries. But my attorney says that law is not clear about whether K3 visa is valid or not once you apply for AOS. So, sometimes at POE, the immigration officer asks for advance parole once they know that you have applied for AOS.

So, to be safe side, I have applied for advance parole.

Have you traveled since you got your AP? If so, did they ask you for it?

[Yodrak 7]

K3matter,

I did used to hear reports of this in the first year or so of the K3's existance (and used to post that K3s might want to consider AP as a form of insurance, as your attorney advised you). But I have not heard of any K3 problems at POE for a long time now. I hope that the days of inconsistency in this regard are behind us.

Yodrak

Together:

Yes, K3 is valid for multiple entries. But my attorney says that law is not clear about whether K3 visa is valid or not once you apply for AOS. So, sometimes at POE, the immigration officer asks for advance parole once they know that you have applied for AOS.

So, to be safe side, I have applied for advance parole.

[K3matter 0]

Yodrak:

Per my attorney…..

K3 is non-immigrant visa and you can use this visa for multiple entry till it expire.

But once you have apply for AOS then you are no longer considered as non-immigrant visa holder and you considered as ‘pending applicant of immigrant process’, so you need AP.

My attorney says also that if officer at POE really wanted to enforce the law then they don’t let you enter on K3 visa by knowing that you have applied for AOS and they want to see AP.

[Yodrak 7]

K3matter,

In this post you represent your attorney as saying quite clearly that a K3 who has applied for adjustment of status needs AP to re-enter the USA after foreign travel. (I know attornies who disagree with this, btw.)

This is in conflict with your previous post, in which you report that "my attorney says that law is not clear about whether K3 visa is valid or not once you apply for AOS."

Please clear up the confusion and let us know what has your attorney really said - it's clear AP is needed or it's unclear if AP is needed?

Yodrak

Yodrak:

Per my attorney…..

K3 is non-immigrant visa and you can use this visa for multiple entry till it expire.

But once you have apply for AOS then you are no longer considered as non-immigrant visa holder and you considered as ‘pending applicant of immigrant process’, so you need AP.

My attorney says also that if officer at POE really wanted to enforce the law then they don’t let you enter on K3 visa by knowing that you have applied for AOS and they want to see AP.

Edited February 3, 2006 by Yodrak

[Together 0]

All of this stuff is really confusing. The AOS application says that a K3 can travel w/o AP. Even the AP application form says that under 2 conditions can you travel w/o AP and they are if you have a pending AOS application filed on your behalf and if you fall into one of the categories such as a K3.

Then everytime I call USCIS and ask they all say that it's ok to travel. We need to travel soon and I just don't want to run into any issues.

[saturn5man 0]

You have no worries. You CAN travel on an unexpired K-3 after an AOS Application has been submitted.

I know, as I have left and re-entered the US many times whilst on a K-3 and after the AOS Application had been submitted.

My AOS Interview finally comes round next Wednesday !!

I do hope this allays any remaining fears that you may have.

Best wishes...Neil.

All of this stuff is really confusing. The AOS application says that a K3 can travel w/o AP. Even the AP application form says that under 2 conditions can you travel w/o AP and they are if you have a pending AOS application filed on your behalf and if you fall into one of the categories such as a K3.

Then everytime I call USCIS and ask they all say that it's ok to travel. We need to travel soon and I just don't want to run into any issues.