Question about Adjustment of Status

[Ravichan 0]

Hello. I am new here

We are applying for a K3 visa. Our I-129F is stuck somewhere, and has not been processed yet... I understand that we have to file for Adjustment of Status before I-130 is approved. If I-130 gets approved before K3, can't I go to the U.S.? We have NOA1 for I-130 and our I-130 has been touched once. I am curious how long it usually takes to be approved. My hubby in the U.S. calls them almost every week and has been requesting for our I-129F to be forwarded to NBC, and 4 months have already passed... I am afraid our I-130 gets processed first.

I appreciate your help. Thank you.

[Euro 3]

Hello. I am new here

We are applying for a K3 visa. Our I-129F is stuck somewhere, and has not been processed yet... I understand that we have to file for Adjustment of Status before I-130 is approved. If I-130 gets approved before K3, can't I go to the U.S.? We have NOA1 for I-130 and our I-130 has been touched once. I am curious how long it usually takes to be approved. My hubby in the U.S. calls them almost every week and has been requesting for our I-129F to be forwarded to NBC, and 4 months have already passed... I am afraid our I-130 gets processed first.

I appreciate your help. Thank you.

If your I-130 gets approved first dont panick as it still has a long way to go before an interview will be scheduled for you, it will spend any thing from 2 months to 5 months at NVC, this all depends on paper work speed!, your I-129F (K3) once approved is only at NVC just long enough to get a case number, then it is forwarded to your Embassy/Consulate......so YES you can still use the K3, and NO you dont have to AOS before your I-130 is approved infact, i think you cant interview for AOS untill your I-130 is approved!!.but you can apply to AOS!!, or has all this changed now??some one will correct me on this if things have changed

Edited April 11, 2006 by euro

[Ravichan 0]

Hello euro, thank you for your quick reply!

Well, I am confused now... Once I enter the U.S. with a K3 visa and file Adjustment of Status, I don't have to go to back to my country for an interview right? Or am I misunderstanding Adjustment of Status??? If so, what am I supposed to do to stay in the U.S. and do all the process for receiving a green card?

Thank you.

[Euro 3]

Hello euro, thank you for your quick reply!

Well, I am confused now... Once I enter the U.S. with a K3 visa and file Adjustment of Status, I don't have to go to back to my country for an interview right? Or am I misunderstanding Adjustment of Status??? If so, what am I supposed to do to stay in the U.S. and do all the process for receiving a green card?

Thank you.

Once in the US with your K3 visait is good for 2 years so if you didnt want to appply to AOS straight away you dont have to, but if you want to work you must file EAD, you dont have to go back to your country, the AOS interview will lead to a green card!!

I also wanted to say, the K3 visa is a multi entry visa!!

[Ravichan 0]

Do you mean as long as K3 doesn't expire, I can stay in the U.S. and receive a green card without filing Adjustment of Status?? Sorry I am still confused...

[Euro 3]

Do you mean as long as K3 doesn't expire, I can stay in the U.S. and receive a green card without filing Adjustment of Status?? Sorry I am still confused...

NO if you enter the USA on a K3 visa you will have to AOS, or another option would be to process your I-130 all the way through NVC then return to your country for your CR1/IR1 interview!!

[Ravichan 0]

Now I understand. Thanks!!