AOS for K-3 Visa

[Clint & Ola 0]

Hello all,

First off, this is my first time posting, but VisaJorney has been an incredible help for my wife and I getting the K-3 Visa. Thank you to everyone that helps out here - especially to everyone that updates their timelines!

Checking my logic...

My wife entered the U.S. on a K-3 Visa a couple weeks ago. I've been reading through the VJ guides, and it strongly recommends K-3 Visa holders to immediately file for an Adjustment of Status and become "conditional residency" to show good faith of staying in the U.S.. Then 1 year and 9 month after the AOS is approved, we will file a Form I-751 to Remove Conditions on the 2 year Green Card. I pay $1080 for the AOS and $545 for the I-751 then my wife will have a Permanent Status Green Card. (We don't apply for the AOS twice.) Right?

Do all K-3 Visa"ers" here choose to file for AOS immediately? Or has anyone just tried applying for the AOS after they've been married for 2 years? My wife didn't get her K-3 Visa until 9 months after we got married. So I guess I could just file for the AOS in 1 year and 3 months. As long as the AOS goes through within 9 months my wife gets the Green Card and we're golden. If not, we can file to extend the K-3 Visa. I pay $340 for the EAD now and $1080 for the AOS later then my wife will have a Permanent Status Green Card. Right?

And on to my easier questions (for applying for the AOS for a K-3 Visa for Conditional Residency)... :-)

On the G-325A, for the question "This form is submitted in connection with an application for"... do I put "status as perm resident" even though I know she can't get permanent resident yet? Or if "Other", what should I put?

On the I-485, for the question "I am applying for an adjustment of permanent resident status because..." what will I put? I'm thinking "an immigrant petition giving me an immediately available immigrant visa number has been approved" - assuming its talking about the I-130 petition that was approved?

And the even easier yes/not questions...

On the I-485, the I-94 number is the 11 digit number at the top left of the I-94 form? Right?

The current USCIS status is "K-3 Visa Holder" and it expires on the expiration date on the I-94 form (4 Nov 2009) or the actual Visa (25 Oct 2009)? The difference of course is one was when the Visa was issued and the other when she entered the U.S.

And on Part 3 of the I-485, the Nonimmigrant Visa Number is the 8 digit number in red on the right side near the bottom of the capitol building on the K-3 Visa? Right?

I apologize for the mass load of questions at one time... Filing for the K-3 made far more sense to me than filing for the AOS. (Well, the K-3 made as much sense as a process created by the federal government could.)

Thank you very much!

[Dakine 26]

Hello all,

First off, this is my first time posting, but VisaJorney has been an incredible help for my wife and I getting the K-3 Visa. Thank you to everyone that helps out here - especially to everyone that updates their timelines!

Checking my logic...

My wife entered the U.S. on a K-3 Visa a couple weeks ago. I've been reading through the VJ guides, and it strongly recommends K-3 Visa holders to immediately file for an Adjustment of Status and become "conditional residency" to show good faith of staying in the U.S.. Then 1 year and 9 month after the AOS is approved, we will file a Form I-751 to Remove Conditions on the 2 year Green Card. I pay $1080 for the AOS and $545 for the I-751 then my wife will have a Permanent Status Green Card. (We don't apply for the AOS twice.) Right?

Do all K-3 Visa"ers" here choose to file for AOS immediately? Or has anyone just tried applying for the AOS after they've been married for 2 years? My wife didn't get her K-3 Visa until 9 months after we got married. So I guess I could just file for the AOS in 1 year and 3 months. As long as the AOS goes through within 9 months my wife gets the Green Card and we're golden. If not, we can file to extend the K-3 Visa. I pay $340 for the EAD now and $1080 for the AOS later then my wife will have a Permanent Status Green Card. Right?

And on to my easier questions (for applying for the AOS for a K-3 Visa for Conditional Residency)... :-)

On the G-325A, for the question "This form is submitted in connection with an application for"... do I put "status as perm resident" even though I know she can't get permanent resident yet? Or if "Other", what should I put?

On the I-485, for the question "I am applying for an adjustment of permanent resident status because..." what will I put? I'm thinking "an immigrant petition giving me an immediately available immigrant visa number has been approved" - assuming its talking about the I-130 petition that was approved?

And the even easier yes/not questions...

On the I-485, the I-94 number is the 11 digit number at the top left of the I-94 form? Right?

The current USCIS status is "K-3 Visa Holder" and it expires on the expiration date on the I-94 form (4 Nov 2009) or the actual Visa (25 Oct 2009)? The difference of course is one was when the Visa was issued and the other when she entered the U.S.

And on Part 3 of the I-485, the Nonimmigrant Visa Number is the 8 digit number in red on the right side near the bottom of the capitol building on the K-3 Visa? Right?

I apologize for the mass load of questions at one time... Filing for the K-3 made far more sense to me than filing for the AOS. (Well, the K-3 made as much sense as a process created by the federal government could.)

Thank you very much!

Just a quicky!

You pay $1010 for the AOS application and get a free ride filing for the EAD.

Sooner your wife gets the GC the sooner she can get a SS card.

With us there were more problems not having the SSN than having the GC.

Hopefully she'll get her GC before she gets EAD approval.

Time for grind"! Eat in Hawaiian!

[kim&james 0]

1. Correct, AOS then removal of conditions. You do not apply for AOS twice.

2. If you have been married for 9 months now you can apply for the EAD using (A)(9) filing code. This will give you a EAD that will last as long as your visa. You can file for AOS at any time. If at approval your marriage is over 2 years, you will get the 10 yr card. I wouldnt bother to file at that later stage for a K-3 extension, cost is $300 and you should of by then filed for AOS. If you do leave it till later file for the EAD and AP at the same time to keep current on these and it will be at no extra cost for these. Check the processing times for your local office to see how long it is taking on cases and go from there for a timeline to submit your AOS.

G-325A Permanent residence. (Permanent/conditional residence - the only difference is the length of marriage)

I-485 correct, or based on a pending I-130 application either way its still available immediatley as the wife of a USC.

I-94 correct

Status K3 visa holder, date on the I-94

Non immigrant visa no. Yes in red also should be on the actual visa in passport and could also be on notices from the USCIS.

[dearheart 0]

2. If you have been married for 9 months now you can apply for the EAD using (A)(9) filing code. This will give you a EAD that will last as long as your visa. You can file for AOS at any time.

We are about to file for AOS. My husband entered as K3 visa. We have been married for 12 years so no conditions apply to us. When I was reading the instructions, ifor the EAD, it said that if we are applying for the EAD in conjunction with the AOS we are to enter © (9). Why would he enter (a)(9)?

can you help me understand?

[kim&james 0]

2. If you have been married for 9 months now you can apply for the EAD using (A)(9) filing code. This will give you a EAD that will last as long as your visa. You can file for AOS at any time.

We are about to file for AOS. My husband entered as K3 visa. We have been married for 12 years so no conditions apply to us. When I was reading the instructions, ifor the EAD, it said that if we are applying for the EAD in conjunction with the AOS we are to enter © (9). Why would he enter (a)(9)?

can you help me understand?

If filing for EAD on its own before filing for AOS then the code is A 9, this is a option that K3 has and will allow a EAD for the period of the visa. If filing concurrently with the AOS (I-485) then yes the code is C 9.

[Kim&Will 0]

My brain is done for the day. In completing the AOS (I am a K-3), which Application type box do I check in Part 2?

Kim

[Clint & Ola 0]

Thanks for the help!