Visa approved! But some questions..

[Johnny Spangle 0]

On 29th March I successfully completed the interview at the US Embassy in London and, yesterday, the courier delivered my K3 visa!

It has been a long hard slog. My wife and I will celebrate our first anniversary in two weeks time, having never spent more than twelve consecutive days in each other's company. Now, all that will change. To those at earlier stages, keep on keeping on, the longer you have to wait the sweeter it is when it finally arrives!

I do have some questions that I would appreciate any help with:

1. I understand that I need to reside in the US for two years before I can apply for permanent residence. My K-3 visa expires in March 2008, exactly two years. Fine. But, I won't be moving to the US until June (I have many threads in the UK to tie up first). So, my K3 will expire around 2 to 3 months before the two year period of my residence is complete. My question is: Will this disparity cause a problem for me?

2. My UK passport expires in January 2007. How do I make sure my new passport has the K3 visa attached? And is it simple to have your passport renewed whilst in the US?

3. Can anyone confirm two beliefs I have: a) I can travel to and from the US without it affecting my K3 status and B) I have up to six months from now to first move to the US.

Thank you all in advance. And woo-hoo!

[Baloo 0]

Hi,

First, congratulations on your visa!!

Now some answers to your questions. I am a K3er myself so I cand give you some info.

You must not wait 2 years before applying for the permanent resident status (green card). You do, however, have to wait for yhe approval of your I130 petition (do you know where your services center is at concerning processing dates?).

As soon as you will have the approval, you must file for AOS (adjustment of status) that will grand you the green card. You cand do that in the US, so you must be there alreadym I assume by june.

Even approved, the permanent resident (green card) has a condition: to be a permanent resident, you must have 2 years of marriage with the USC. I think this is where you got your info a bit conused.

I do not know how long you have been married.

If you have been married for over 2 years, or you would have 2 years of marriage by the time you will have your AOS interview in the States, you will be granted directely the permanent non-conditional residency. Keep in mind that the AOS process has variable duration according to the place you reside in the US.

If you have not been married for 2 years nor have 2 years of marriage by the time you have your AOS interview, you will be granted a conditional "permanent residency" or green card. You will have to apply for "lifting conditions" 90 days before your 2nd marriage anniversary.

Your other question regarded your travels to and from the US on a K3. The K3 visa allows you to travel to and from the US, without any other extra paperwork.

To keep your K3 valid, however, you must first enter the US territory up to 6 months after the date the visa was issued. I understand you will be coming in June so there should not be any problems ...

I cannot answer regarding your question on English passports but I am sure UK VJers will do so ...

I hope this answers some of your questions.

Good luck with everything!

Ana

I just saw in your timeline that your I130 waas approved. You can therefore apply for AOS immediately after entering the US territory.

[Johnny Spangle 0]

Thanks for the help I did not know that AoS was the same thing as applying for permanent residency .. and the two year wait is for lifting the 'conditional' aspect of this. Now I know!

Isn't it dreadful that the immigration service gives us so little information when receiving the visa? All I was given was a sealed packet, that says it must only be opened by a US immigration official! So where is my packet with my information!!

Thanks MoGuishle. So, does anyone know the answer to my passport question?

[pbgirl 1]

From what I understand (and it could be different for the UK), you would get a new passport but the visa would not be transfered into it. Anytime you traveled, you would have to carry both passports with you, and as long as the visa is valid, you are OK.

And someone can corrrect me, but I think the this information was inaccurate:

If you have not been married for 2 years nor have 2 years of marriage by the time you have your AOS interview, you will be granted a conditional "permanent residency" or green card. You will have to apply for "lifting conditions" 90 days before your 2nd marriage anniversary.

You lift conditions 90 days before your 2 year conditional greencard expires, not 90 days before your 2 year marriage anniversary. So let's say you got married in April 2005, get your K3 etc, and finally your conditional greencard by something like December 2006. Your CR greencard would expire December of 2008, not April 2007. Am I right?

[Johnny Spangle 0]

Thanks for the passport tip. So soon I'll have two passports to be paranoidly checking every time I pack for travel

After some research, I think you are right about the definition of the two year period.

The USCIS website (http://uscis.gov/graphics/howdoi/remcond.htm#elig) is misleading. In one para it states: "You may apply to remove your conditions on permanent residence if .. You are still married to the same U.S. citizen or lawful permanent resident after two years" but only a few sentences earlier states "You should apply during the 90 days before your second anniversary as a conditional resident"

Unfortunately the VJ guide page (http://www.visajourney.com/faq/k1k2visa-removeconditions.html#7.2) could be written more clearly - we are not all acronym and immigrationdocumentation experts!

However, I think the consensus agrees with you pbgirl. Thanks again