Another I-130 K3 Question

[jea 0]

I have tried to go back and look at some of the other posts to get information, but can't seem to apply other info to our specific situation, so I apologize in advance if this is a repetitive post.

Our K3 case was approved on January 11, 2006. I have sent the documentation checklist in to the Montreal consulate and they have estimated my interview date for May or June. The woman I spoke with could not tell me how far in advance they would send the letter. My husband received a letter stating that our I-130 petition was approved on March 28th. I know that it will be a waiting game for the I-130, and I basically have to repeat all the information gathering and wait for an interview.

My question is, do I go through with the K3 stuff, go to the US and then return to Canada once I am given an I-130 interview? Or should I wait out the I-130? Or should we just apply for an AOS once I'm in the US? The woman I spoke with at the consulate said that she wouldn't advise anyone to go through the K3 route now that I-130's have caught up, and she did not advise a change of status since it would take longer than just waiting for the I-130. Unfortunately I've had so much conflicting information from USCIS and others that I am reluctant to trust what they say!!! Has anyone been through a similar situation? TIA

[aussiewench 9]

What many do and what you can do, especially being from Canada and so close.......is to enter the US on the K-3 but not adjust status. Continue with the I-130 through NVC and once it reaches the embassy you would return tp Canada for the CR-1 visa. You then have your green card etc....nothing else really to do until you have to lift conditions. The best of both worlds....you get to be with your partner using the K-3 and then get the green card with the CR-1

I-130's are being processed much much faster then they used to be. Adjusting status in the US from a K visa can, depending on which office you go through, take anything from months to a couple of years. Our I-130 was approved very fast through VSC so we didnt bother filing the I-129F for the K-3. Adjusting status state side. on all I have read in the AOS forum, I think would be a pain in the butt. Am glad now we did forgo the K-3.

Edited April 4, 2006 by aussiewench