AOS from K3

[Debbie and Abdol 0]

Hi All...

Are there any people doing AOS from a K3 out there? If so, a question: We already paid 380$ for the Ds-230 Alien visa registration. Do we have to pay additionally for the AOS?

Thanks..........

[zyggy 9]

Hi All...

Are there any people doing AOS from a K3 out there? If so, a question: We already paid 380$ for the Ds-230 Alien visa registration. Do we have to pay additionally for the AOS?

Thanks..........

Sorry, you've made your choice... you now have to go through with consular processing of the DS-230 that will result in a CR-1 visa. The AOS in the US option is no longer open to you..

[Debbie and Abdol 0]

Hi All...

Are there any people doing AOS from a K3 out there? If so, a question: We already paid 380$ for the Ds-230 Alien visa registration. Do we have to pay additionally for the AOS?

Thanks..........

Sorry, you've made your choice... you now have to go through with consular processing of the DS-230 that will result in a CR-1 visa. The AOS in the US option is no longer open to you..

According to my lawyer it is....I've also seen others on the site who have done the same.

[MaryandMian 1]

Debbie you cannot file the K3 after the CR1 is in processing. I filed the K3 and CR1. K3 got to the embassy and then one week later my CR1 did as well. The embassy cancelled the K3 and did not send us any paperwork. The CR1 visa takes prescedence over the K3.

Mary

[Debbie and Abdol 0]

Hmmmmmm...I'm confused. My Cr-1 is still at NVC

[zyggy 9]

Hmmmmmm...I'm confused. My Cr-1 is still at NVC

If you have paid the fee to the NVC to start Consular Processing, then you've passed the point of no return. Your file cannot now be passed back to the USCIS for you to do AOS if you arrive in the US on a K3. If you're not in the US yet, it may be wise for you to save your money and go through with the CR-1.

If all you've gotten is the Choice of Agent Form, then you can send that back and tell the NVC that you wish to have the file sent back to USCIS for you to go through AOS in the US.

Edited April 4, 2006 by zyggy

[MaryandMian 1]

Okay if the CR1 is still at the NVC and has not gone to the embasy you should be able to file the K3. But depending on how long it takes to process the CR1 may have already went to the embassy. In that case the approved K3 would be voided once the CR1 is at the embassy. It would not void here in the states it would at the embassy.

If you file and the K3 processes and you get it before the CR1 gets to the embassy.

You would have to file new I-485, Advance Parole if you wish to travel and EAD for work. You can check for the amounts each would cost from the government sites.

Hope I clarified things now and Ziggy is correct, too.

Edited April 4, 2006 by mianishqsrose

[zyggy 9]

Okay if the CR1 is still at the NVC and has not gone to the embasy you should be able to file the K3. But depending on how long it takes to process the CR1 may have already went to the embassy. In that case the approved K3 would be voided once the CR1 is at the embassy. It would not void here in the states it would at the embassy.

If you file and the K3 processes and you get it before the CR1 gets to the embassy.

You would have to file new I-485, Advance Parole if you wish to travel and EAD for work. You can check for the amounts each would cost from the government sites.

Hope I clarified things now and Ziggy is correct, too.

Mary..

SHe can no longer file a I-485 in the US... she paid the IV fee and submitted the DS-230. By doing that act she made her choice to pursue getting permanent residency through the CR-1 visa. She can get the K3 and come to the US, but she will have to return to her home country to process for the CR-1. She can't file the I-485 to get permanent status any more...

[Gatorfan 0]

At this point you have no choice but to wait for the CR-1 Visa interview. If NVC gets moving and sends your file to the Consulate, you may be able to convert your K-3 interview into the CR-1 visa interview. Your lawyer should definitely be able to explain this to you.

Gatorfan

[classic 0]

Debbie and Abdol,

We're in the same boat, my family just got their K/K4 visas and we're planning to adjust status once they arrive in U.S. My IR1/IR2 is still at NVC, waiting for interview schedule.

Is it really true that we're past the point of no return?

Any "expert opinion" on this? Or from those who has some experience?

Edited April 4, 2006 by classic

[AlmostMex 0]

Hmmmmmm...I'm confused. My Cr-1 is still at NVC

If you have paid the fee to the NVC to start Consular Processing, then you've passed the point of no return. Your file cannot now be passed back to the USCIS for you to do AOS if you arrive in the US on a K3. If you're not in the US yet, it may be wise for you to save your money and go through with the CR-1.

If all you've gotten is the Choice of Agent Form, then you can send that back and tell the NVC that you wish to have the file sent back to USCIS for you to go through AOS in the US.

I am fairly certain that until the CR-1 file arrives at the consulate, you can still do AOS, but hopefully this will bump the thread so others will see this and can give their input.

[Garfield fan 0]

Another suggestion is to call or email NVC and see what they say.

[classic 0]

Here goes:

I called up NVC asking if the beneficiary entering on a K3 visa with a case completed IR petition can apply for adjustment of status. Answer: NVC doesnt know (the guy of the phone gave me his opinion-yes, then put me on hold while he spoke with another person, then retracted his opinion and said NVC cannot answer the query, I have to call up USCIS and ask them).

I called up USCIS, and this is what I got: a K3 visa is considered "immigrant visa" (yes, "immigrant"), and with an approved I-130 need not apply for adjustment of status once in the U.S. The K3 visa holder will receive the "Welcome..." letter together with the "conditional permanent resident card" about 2 weeks after arrival. I told the lady we are 9 years married, and she said its a "temporary" card.

Doesn't that sound better?

Edited April 5, 2006 by classic

[Gatorfan 0]

Here goes:

I called up NVC asking if the beneficiary entering on a K3 visa with a case completed IR petition can apply for adjustment of status. Answer: NVC doesnt know (the guy of the phone gave me his opinion-yes, then put me on hold while he spoke with another person, then retracted his opinion and said NVC cannot answer the query, I have to call up USCIS and ask them).

I called up USCIS, and this is what I got: a K3 visa is considered "immigrant visa" (yes, "immigrant"), and with an approved I-130 need not apply for adjustment of status once in the U.S. The K3 visa holder will receive the "Welcome..." letter together with the "conditional permanent resident card" about 2 weeks after arrival. I told the lady we are 9 years married, and she said its a "temporary" card.

Doesn't that sound better?

I'm sorry but the USCIS official is completely incorrect. If you receive the CR-1 visa overseas, then after you arrive in US, you will get the welcome letter and the greencard. If you arrive via the K-3, then you will have to do AOS to get a green card.

Gatorfan

[classic 0]

Can someone else please call up USCIS (toll free 1-800-375-5283) 8am to 6pm Mondays through Fridays to see if we get the same response?

Thanks!