Question on adjustment of status K-3 to CR-1

[Will]

Hi,

 

My wife just got her k-3 visa. It says it expires in two years. Does that mean she can stay in the U.S. up to two years with K-3 visa? Now her CR-1 P3 is in NVC, how do I change her status to permanent resident in the U.S. instead coming back Guangzhou for her CR-1 interview? It's so hot in Guangzhou.

[tonado]

http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos

 

Her visa is multi-entry to USA and is good for two years. She can apply for AOS (I-485) instead of going back to China for the CR-1 interview.

[dnoblett]

Keep in mind I-485 fee goes up to $1010 July 30, so file it ASAP, or make the decision to perhaps return to Guangzhou and interview for the CR-1 visa for $355 and the trip to China.

 

Other options I have seen with K-3, is to file for EAD before filing for AOS, the EAD will be based on the I-94 expire date, which is up to 2 years from now, and just wait to file for AOS just before 2nd wedding anniversary. The green card then issued will be the 10year permanent one, not the conditional 2yr one. You are legally present during the period of the I-94, and can work and apply for SSN using the EAD that is filed for before AOS. As well as travel due to the 2 year multi-entry K-3 visa.

[tywy_99]

Forget about the I-130 and file the I-485 for AOS.

Call the USCIS and let them know that your wife has filed the I-485 instead of going for the IV. The USCIS will then have the NVC return the I-130.

 

-good luck

[mercator]

File your 485 ASAP and save yourself the $$$ of the other two alternatives.