What will happen to our 1-130

[anye0518]

Hi, there

 

I am very new here, and I am very glad to find this website, please help us out.

 

My wife came here on a K3 visa 8 months ago, in the begining we did not file for AOS, since we have paid all fee for I-130, and it has been sent to GUZ few months after she got here and we had our 2nd anniversary already, so we were thinking it might be quicker just go back to China to do the interview and get it all done by then. But for some reasons which we do not know, we were in the name check black hole, do not know when we can get our P4.

 

So we are thinking to file for AOS now, also better beofore the medical examination expires(only good for 1 year). But our question is if we do file AOS, what would happen to our I -130, should we contact someone or write somewhere, or it would automaticly be canceled?

 

My other question is , when I was reading the I-485 form instruction, it says "you may file I-1485 at any time after the principal applicant is approved,if a visa number is available", when does it mean "a visa number is available"?--is the time GUZ send out P4 or what?

 

Should we still wait, or should we file AOS? Advices are very much needed, thanks a lot.

 

Jim/Li

[LeeFisher3]

Welcome to CFL.

 

You have reached one of those lovely dilemmas with the system, whether tis nobler to move forward or wait.

 

If you file for AOS you can just let the I-130 in China die a natural death by not responding to the P4 or you could send a fax or letter to GZ to withdraw it.

 

The processing time of your local office plays a major role in whether to file for AOS and there is no guarantee that they will not request a new physical. Some offices run as fast as 3 months and others around 2 years.

 

As for a visa number, you are exempt from that delay with the K-3 visa.

 

It's more of a coin toss as to which way to go, but either way you should keep an eye on the expiration date on the entry stamp in your wifes passport and renew as needed.

[anye0518]

Thank you very much for your advice. But after reading it, I got another question : If we file for AOS, and after few time, we got P4 of I-130, could we still go back to China to take the interview?? Will it still be valid?

 

We did talk to the local immigrant officer, he told us it would usually take about a year to get the AOS process done, it just made us more stressed.

 

And another problem as you mentioned, if I do not file for AOS, if time run out, I think I even could not renew her visa, so does it mean I need to do it anyway? or wait ?

----" Live or die, it is a question!"

 

Jim/Li

[frank1538]

I don't have a confirming cite, but it would seem that the I-130 processing continues even if you file for AOS. In fact, there are situations where both the I-130 and the I-485 (AOS form) are filed simultaneously.

 

Also, a K-3 visa can be extended by filing an I-539 form with USCIS: http://www.uscis.gov/graphics/formsfee/forms/files/i-539.pdf

[Dean Hall]

My wifes I-130 had already been approved, however I did not have one for my step son (K4). I sent his I-130 in with the AOS paperwork, and never heard anything from them.

 

After making some calls, I was told that the I-130 would be approved automatically and concurrently with the AOS approval.

 

This turned out to be the case.

 

If you are getting close on her visa (time wise), you can extend the K3 visa with the I-593. In my mind, this is better than the advanced parol because it is generally faster, and gives you another 2 years with multiple entry.

 

I may be wrong, but I don't believe the AP is multiple entry.

 

Dean