AOS or consular processing?

[Nikasalts 10]

Hi everyone

 

We got married (hubby is USC) in July 2020 and filled I130 in August (TSC to NSC). 

On 130 form we've indicated that we're in for consular processing in Montreal, Canada, but with C19 travel restrictions I don't think we have the patience to wait another year or so for the interview without seeing each other. 

Is there a way for us to do AOS from US after the I130 gets approved? 

I was thinking of filling K3 but considering the timelines not sure if that makes sense. 

Please advise 

 

Many thanks 

nika 

Edited January 4, 2021 by Nikasalts

[iy2020 117]

You can only do AOS if the foreign spouse is already in the US. Entering the US with the intent to adjust status would be considered fraud. 

[Nikasalts 10]

50 minutes ago, iy2020 said:

You can only do AOS if the foreign spouse is already in the US. Entering the US with the intent to adjust status would be considered fraud. 

Yep, that's what I thought. Thanks

After getting deeper into Montreal visa processing thread I see that there's a very long line ahead of me  

 

[angeljolie 188]

1 hour ago, Nikasalts said:

Yep, that's what I thought. Thanks

After getting deeper into Montreal visa processing thread I see that there's a very long line ahead of me  

 

I believe you can visit. Tricky, but doable.

[Nikasalts 10]

Out of curiosity though....doesn't K3 visa give you ability to wait in US and apply for AOS from there? 

[Nikasalts 10]

7 hours ago, angeljolie said:

I believe you can visit. Tricky, but doable.

Tricky to say the least

Pretty impressive timeline in your signature, you applied 2 days before us Congratulations 

Edited January 4, 2021 by Nikasalts

[angeljolie 188]

51 minutes ago, Nikasalts said:

Out of curiosity though....doesn't K3 visa give you ability to wait in US and apply for AOS from there? 

A lot are saying the K3 is obsolete.  I just googled now and a few sites mentioned that processing time for K3 visa is about 6-9 months. You can always try, if you're willing to spend an extra $265. Could be worth it.

 

50 minutes ago, Nikasalts said:

Tricky to say the least

Pretty impressive timeline in your signature, you applied 2 days before us Congratulations 

Thank you. Hopefully you hear some good news too. Meantime, keep yourself busy. Hanging around VJ helps. 

[Chancy 6,239]

3 hours ago, angeljolie said:

A lot are saying the K3 is obsolete.  I just googled now and a few sites mentioned that processing time for K3 visa is about 6-9 months. You can always try, if you're willing to spend an extra $265. Could be worth it.

 

No fee for petition for K3 spouse.  K3 is effectively obsolete -- for FY2019, only 5 K3 visas were issued worldwide.  I haven't seen the FY2020 yearly report yet, but from browsing the monthly issuance reports, I haven't seen any K3 visas issued at all in 2020.  But yes, nothing stopping anyone from trying anyway.

 

[pushbrk 12,569]

5 hours ago, Chancy said:

 

No fee for petition for K3 spouse.  K3 is effectively obsolete -- for FY2019, only 5 K3 visas were issued worldwide.  I haven't seen the FY2020 yearly report yet, but from browsing the monthly issuance reports, I haven't seen any K3 visas issued at all in 2020.  But yes, nothing stopping anyone from trying anyway.

 

This is because a couple years ago USCIS started killing the second petition once they knew they had both.  Before that, since 2010. NVC was the murderer of I-129F petitions for spouse.  Since November 2006, USCIS has been processing both petitions together.

 

The six to nine months processing mentioned earlier could be about nothing but USCIS processing time, not processing the visa itself.

[aaron2020 11,651]

11 hours ago, Nikasalts said:

Out of curiosity though....doesn't K3 visa give you ability to wait in US and apply for AOS from there? 

With an approved I-130, you can not pursue the K-3 visa.  

You're going to have to be patience.  There is no way for you to speed this up.  Your spouse will have to wait their turn for an immigration visa interview in Canada.

Sorry.

[angeljolie 188]

7 hours ago, Chancy said:

 

No fee for petition for K3 spouse.  K3 is effectively obsolete -- for FY2019, only 5 K3 visas were issued worldwide.  I haven't seen the FY2020 yearly report yet, but from browsing the monthly issuance reports, I haven't seen any K3 visas issued at all in 2020.  But yes, nothing stopping anyone from trying anyway.

 

This is where I got the $265: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html

 

 

But I'm not familiar at all with the K3 route as we did not explore this.

[NikLR 13,227]

On 1/4/2021 at 5:54 PM, angeljolie said:

This is where I got the $265: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html

 

 

But I'm not familiar at all with the K3 route as we did not explore this.

That’s the visa fee. Chances of it getting there is very slim.