AOS question

[martinbr 1]

I am not clear on this I-485 Adjustment of Status. If I file a I-130, are you still required to pay this? Also is it a separate bill for two people? I have my wife and here daughter I want to bring over. I was under the assumption that this only pertains to if you are filing for a K-1 visa. I thought I read somewhere that the I-130 was a cheaper way to go. Is this correct?

thanks,

martinbr

[sunandmoon 450]

If I remember your previous posts, you were recently married in the Philippines. It's too soon to be thinking of AOS. that would be done if they were already here. your options are to file for CR-1/ IR or K-3.

an advantage of K-3, is the interview might occur faster than the CR-1. I've seen some cases for K-3 where the CR-1 was caught up to the K-3 in Manila.

best of luck

[martinbr 1]

What I am trying to figure out which way to go with the petition. So it sounds like everyone has to do one of these. But my money is very limited. I know it's a way off but these are things that I have to plan for if I want to get her over here + the kid.

So the K-3 might be a better way to go because of some time for AOS when she got over here? If she could start working, it might take the burden off me a little.

martinbr

quote name='Roy and Yazi' date='Dec 8 2007, 10:11 AM' post='1396097']

If I remember your previous posts, you were recently married in the Philippines. It's too soon to be thinking of AOS. that would be done if they were already here. your options are to file for CR-1/ IR or K-3.

an advantage of K-3, is the interview might occur faster than the CR-1. I've seen some cases for K-3 where the CR-1 was caught up to the K-3 in Manila.

best of luck

[sunandmoon 450]

What I am trying to figure out which way to go with the petition. So it sounds like everyone has to do one of these. But my money is very limited. I know it's a way off but these are things that I have to plan for if I want to get her over here + the kid.

So the K-3 might be a better way to go because of some time for AOS when she got over here? If she could start working, it might take the burden off me a little.

martinbr

with a k-3, your wife could apply for an EAD Card before she would AOS. first she would first file a I-765 for work authorization. takes about 3 months to be approved. after she has her EAD Card, she could then apply for an SSN.

[JVKn'CVO 11]

I am not clear on this I-485 Adjustment of Status. If I file a I-130, are you still required to pay this? Also is it a separate bill for two people? I have my wife and here daughter I want to bring over. I was under the assumption that this only pertains to if you are filing for a K-1 visa. I thought I read somewhere that the I-130 was a cheaper way to go. Is this correct?

thanks,

martinbr

Hi martinbr,

Since you are already married, your options are K3 or CR1. From the guides:

For K3

• Will have to file adjustment of status after entry or do consular processing of an I-130 in order to gain resident status.

• EAD (work) card must be obtained and there will be some waiting time before one can work.

The exact amount of time for work authorization is not known, but is thought to be a few months, possibly more.

(IR-1 / CR-1)

• can work upon entry (no restrictions)

• This is an "immigrant" Visa and will as such allow the applicant to arrive in the US as a permanent resident.

• They will not require an Advanced Parole document to leave the US for travel or require an EAD to work.

• Separation from family for sometimes longer then the K-3 or K-1 visa option. Applicant will most likely not be able to enter the US during this time.

You can find this information here Marriage Based Immigration Choices

Good Luck

Saludos,

Caro

[edp333 9]

If you filed just the I-130 (IR1/CR1) the fees are around $480 at NVC. If you have filed a I-129f (K3) along with the I-130 the fees are K visa fee $100 and AOS/EAD $1010.

When filing for a K3, the process is to combine both petitions together at USCIS. The I-130 is held for AOS and the K3 is forwarded to the NVC.