I-130 or AOS after entery US on K3?

[frustrated1 0]

I am in the US on a K-3, my I-130 is approved, why would I file for an AOS?

should I be pursuing the I-130 or is it better to apply for adjustment of status?

[payxibka 10,045]

I am in the US on a K-3, my I-130 is approved, why would I file for an AOS?

should I be pursuing the I-130 or is it better to apply for adjustment of status?

Since the IR/CR 1 is a visa, it means you will be required to take a trip back to your home consulate for an interview and then re-enter the USA... AOS allows you to adjust your status here

[YuAndDan 153]

I am in the US on a K-3, my I-130 is approved, why would I file for an AOS?

should I be pursuing the I-130 or is it better to apply for adjustment of status?

Since the IR/CR 1 is a visa, it means you will be required to take a trip back to your home consulate for an interview and then re-enter the USA... AOS allows you to adjust your status here

You may want to read: http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

Lately USCIS holds the approved I-130 in K-3 cases, assuming that you will adjust status. They do this because most K-3s were adjusting status, and wasting resources at NVC and Consulate only to have the case sent back to USCIS for the AOS.

Nowadays the decision to do CR-1/IR-1 or K-3 must be made before sending in the I-129F to do the K-3, once the I-129F is sent you are committed to the K-3 visa, not both.

To get USCIS to move the approved I-130 on toe NVC you file form I-824 and pay a fee $340

[frustrated1 0]

Thank you,

I guess what I'm looking to determine is why, after having paid for the I-130, after having it approved, and while waiting for the NVC to process it, would I pay more for an AOS and start the citizenship process again? Is there a benefit to the AOS other than having it processed locally? From the message boards I do not see any time savings, in fact it would seem there are many cases in which the AOS is still pending while the 2 year duration of the K3 is expiring for many of the people posting here.

Also, this is the first time have heard of a I-824. Two of my three I-130 applications have already been processed by the NVC without such a form, and my assumption is the third will follow suit.

So is the cost of someone's trip to their home consulate as compared to the cost of the AOS the only factor people use to determine which process to follow?

[YuAndDan 153]

Thank you,

I guess what I'm looking to determine is why, after having paid for the I-130, after having it approved, and while waiting for the NVC to process it, would I pay more for an AOS and start the citizenship process again? Is there a benefit to the AOS other than having it processed locally? From the message boards I do not see any time savings, in fact it would seem there are many cases in which the AOS is still pending while the 2 year duration of the K3 is expiring for many of the people posting here.

Also, this is the first time have heard of a I-824. Two of my three I-130 applications have already been processed by the NVC without such a form, and my assumption is the third will follow suit.

So is the cost of someone's trip to their home consulate as compared to the cost of the AOS the only factor people use to determine which process to follow?

The benefit of K-3 was quicker processing, it is handled like a K-1, and has less processing at NVC, and USCIS, some get k-3 visa while still waiting for I-130 to be approved. AOS from K-3 is based on an approved I-130 so the I-130 needs to be applied and paid for.

For many countries CR-1 is quite quick, and takes only slightly longer than K-3, this is why I tend to tell people to re-consider the K-3 when they are asking about it before filing.

[frustrated1 0]

Thank you,

I guess what I'm looking to determine is why, after having paid for the I-130, after having it approved, and while waiting for the NVC to process it, would I pay more for an AOS and start the citizenship process again? Is there a benefit to the AOS other than having it processed locally? From the message boards I do not see any time savings, in fact it would seem there are many cases in which the AOS is still pending while the 2 year duration of the K3 is expiring for many of the people posting here.

Also, this is the first time have heard of a I-824. Two of my three I-130 applications have already been processed by the NVC without such a form, and my assumption is the third will follow suit.

So is the cost of someone's trip to their home consulate as compared to the cost of the AOS the only factor people use to determine which process to follow?

The benefit of K-3 was quicker processing, it is handled like a K-1, and has less processing at NVC, and USCIS, some get k-3 visa while still waiting for I-130 to be approved. AOS from K-3 is based on an approved I-130 so the I-130 needs to be applied and paid for.

For many countries CR-1 is quite quick, and takes only slightly longer than K-3, this is why I tend to tell people to re-consider the K-3 when they are asking about it before filing.

I guess what I'm trying to figure out is whether I should just go ahead and file I-485 regardless of cost because this is the procedure or go back to montreal to process I-130 (home country is canada). since I already have the K3, either could be done but which is the right and easy one?

[Marilyn. 340]

it costs $1010 to adjust status.....

to go through with the CR1 you would pay the NVC fees which are around $340 plus the cost of flying up to Montreal for the interview...

with the CR1 visa you would get a green card shortly after using your visa.....

Edited December 4, 2007 by MarilynP

[frustrated1 0]

thanks. sounds like you're advocating I-130...is that what CR-1 is?

[Marilyn. 340]

thanks. sounds like you're advocating I-130...is that what CR-1 is?

the I-130 is the petition you file to get the Cr1 visa.....

it all depends on how much it would cost you to get to Montreal.... if cost doesn't matter I would just apply for AOS...

[frustrated1 0]

thanks again. montreal would cost about $400 for the flight plus cost of hotel. also, I have 2 little ones that I'm guessing will have to accompany me as they too have their own applications. sounds like you've been through this process. one more question, does the I-130 require the same steps as the I-129 ie. medical, police reports, affidavit of support, etc, etc..?