Is it possible to cancel the K3 application and file for AOS from within the US or could we file for a visa extension?

[pushbrk 13,073]

On line 22 of the 130, I filled out the part stating:

"If your relative is not eligible for Adjustment of Status, he or she will apply for a visa abroad at the American consular post in:"

I filled in "Montreal, Canada". Was that not the right thing to do on a 130 petition for and then an eventual K3 application?

Or did that notify USCIS that we are going the CR1 route and not entering on a K3 visa and then doing the adjustment of status?

That is the normal way to fill out the I-130. Those who have done it that way and later filed the I-129F have been having their I-130's held. Evidently "clearly indicate" means something more than listing the name of a Consulate. I've been recommending special notes in red ink saying "Consular Processing Please" etc. They are taking the filing of the I-129F as indication you will use the K3 and adjust status later.

[Dominic 0]

I am thinking that you are with me still in withdrawing the applications to avoid going out of status.

I am still confused as to why a NOA1 from the current 130 isn't enough to file with the 485....

That is the normal way to fill out the I-130. Those who have done it that way and later filed the I-129F have been having their I-130's held. Evidently "clearly indicate" means something more than listing the name of a Consulate. I've been recommending special notes in red ink saying "Consular Processing Please" etc. They are taking the filing of the I-129F as indication you will use the K3 and adjust status later.

[pushbrk 13,073]

I am thinking that you are with me still in withdrawing the applications to avoid going out of status.

I am still confused as to why a NOA1 from the current 130 isn't enough to file with the 485....

That is the normal way to fill out the I-130. Those who have done it that way and later filed the I-129F have been having their I-130's held. Evidently "clearly indicate" means something more than listing the name of a Consulate. I've been recommending special notes in red ink saying "Consular Processing Please" etc. They are taking the filing of the I-129F as indication you will use the K3 and adjust status later.

Well, I think it is sufficient if sent along with a letter explaining the medical inability to travel.

[misa 2]

I think it is sufficient as I've seen others do it here before (re: using the I-130 NOA1 with the I-485).

[Kez/JWolf 6]

Yes you can do AOS without waiting for the I-130 to be approved.... you just send a copy of the I-130 NOA1 along with your AOS packet.... both the AOS and the I-130 will be approved at your AOS interview.... this is what we ended up doing as we had sent in the I-130 first before we found out I could stay in the US and file for AOS. so we sent a copy of the NOA1 along with the AOS packet... we too had put that we were going to use a consulate office outside the US... it was not a problem...

Kez