P2 I-130

[JingJoseph]

Sorry no timeline. Put short wifes i-129f runs out in October, still no P2 for i-130 yet. Just off the phone with a newbie from uscis. Am told do not need to wait for P2-I-130 to file for AOS. Several times asked her "P2 is not needed". No she says it is not. OK we give you $1010 you wont come back and say you have 30 days to give us P2 for i-130?.No she says it is not needed. Anyone heard this?

[Randy W]

Sorry no timeline. Put short wifes i-129f runs out in October, still no P2 for i-130 yet. Just off the phone with a newbie from uscis. Am told do not need to wait for P2-I-130 to file for AOS. Several times asked her "P2 is not needed". No she says it is not. OK we give you $1010 you wont come back and say you have 30 days to give us P2 for i-130?.No she says it is not needed. Anyone heard this?

 

If she came on a K-3 visa, you need the P-2 for the K-3 (assuming it's treated like the K-1's). The I-130 is moot at this point. Nothing will come of it.

 

Edit: Okay - I'm confused also. Just read the directions, which seem to say that you can adjust status off an approved I-130, or an approved I-129F, but it specifically says K-1.

 

Maybe another K-3 will verify that he can adjust with the I-129F approval notice for K-3.

Edited April 1, 2008 by Randy W (see edit history)

[JingJoseph]

Sorry no timeline. Put short wifes i-129f runs out in October, still no P2 for i-130 yet. Just off the phone with a newbie from uscis. Am told do not need to wait for P2-I-130 to file for AOS. Several times asked her "P2 is not needed". No she says it is not. OK we give you $1010 you wont come back and say you have 30 days to give us P2 for i-130?.No she says it is not needed. Anyone heard this?

 

If she came on a K-3 visa, you need the P-2 for the K-3 (assuming it's treated like the K-1's). The I-130 is moot at this point. Nothing will come of it.

Yes here on approved i-129f. Yes we are k-3. Dont understand this mess at all now. She even said wait for six months to start to worry about P2 for i-130. Makes no sense all you see is yes P2 for i-130 is needed to file aos. They say no you don't. Whats going on with this mess? Anyone got told this?

Edited April 1, 2008 by JingJoseph (see edit history)

[dnoblett]

I have read several posts on VJ of persons who filed AOS from K-3 before I-130 approval, and later interviewed, and were approved for green-card pending the I-130 approval.

Edited April 1, 2008 by dnoblett (see edit history)

[Randy W]

I have read several posts on VJ of persons who filed AOS from K-3 before I-130 approval, and later interviewed, and were approved for green-card pending the I-130 approval.

 

the question is how - can they just follow the directions as for a K-1?

 

It seems like that's the only slot they would fit into, since they don't have an approved I-130.

 

Oh - never mind! You're saying they can go through with the AOS, which would then get held up waiting for the original I-130 to be approved. That gets a little bit ugly there.

[dnoblett]

I have read several posts on VJ of persons who filed AOS from K-3 before I-130 approval, and later interviewed, and were approved for green-card pending the I-130 approval.

 

the question is how - can they just follow the directions as for a K-1?

 

It seems like that's the only slot they would fit into, since they don't have an approved I-130.

 

Oh - never mind! You're saying they can go through with the AOS, which would then get held up waiting for the original I-130 to be approved. That gets a little bit ugly there.

Nope, K-3 still check's box "a" in form I-485, based in an immediate visa number being available due to US citizen filing the I-130 for a spousal visa.

[warpedbored]

Unless things have changed from a few years ago a K-3 visa is based on the I-130. All the K-3 visa does is allow the benificiary to wait in the US until the I-130 is approved. You can't just drop the I-130 and file AOS based on the K visa like a K-1 can.

[Randy W]

Unless things have changed from a few years ago a K-3 visa is based on the I-130. All the K-3 visa does is allow the benificiary to wait in the US until the I-130 is approved. You can't just drop the I-130 and file AOS based on the K visa like a K-1 can.

 

 

but the question then boils down to Can he file his I-485 without waiting for the I-130 approval? If he checks box a, he is saying that it was already approved.

 

Dan - do you know what the people on VJ did? Did they check box a? Or what?

 

Even the lady on the phone said "P2 is not needed"

[dnoblett]

Unless things have changed from a few years ago a K-3 visa is based on the I-130. All the K-3 visa does is allow the benificiary to wait in the US until the I-130 is approved. You can't just drop the I-130 and file AOS based on the K visa like a K-1 can.

 

 

but the question then boils down to Can he file his I-485 without waiting for the I-130 approval? If he checks box a, he is saying that it was already approved.

 

Dan - do you know what the people on VJ did? Did they check box a? Or what?

 

Even the lady on the phone said "P2 is not needed"

They check BOX "A"

1. Based on an immigrant petition.

 

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

 

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you.

http://www.uscis.gov/files/form/i-485instr.pdf

 

Just include I-130 NOA1 "P1" receipt letter, they can use the receipt number to retrieve the I-130 petition that is pending approval and link that case to the I-485.

Edited April 2, 2008 by dnoblett (see edit history)

[JingJoseph]

Unless things have changed from a few years ago a K-3 visa is based on the I-130. All the K-3 visa does is allow the benificiary to wait in the US until the I-130 is approved. You can't just drop the I-130 and file AOS based on the K visa like a K-1 can.

 

 

but the question then boils down to Can he file his I-485 without waiting for the I-130 approval? If he checks box a, he is saying that it was already approved.

 

Dan - do you know what the people on VJ did? Did they check box a? Or what?

 

Even the lady on the phone said "P2 is not needed"

They check BOX "A"

1. Based on an immigrant petition.

 

A. An immigrant visa number is immediately available to you based on an approved immigrant petition; or

 

B. You are filing this application with a completed relative petition, special immigrant juvenile petition or special immigrant military petition which if approved would make an immigrant visa number immediately available to you.

http://www.uscis.gov/files/form/i-485instr.pdf

 

Just include I-130 NOA1 "P1" receipt letter, they can use the receipt number to retrieve the I-130 petition that is pending approval and link that case to the I-485.

 

Saw that on VJ also. Much harder now to get a right answer with uscis. I could tell she had "talking points". Asked to talk with someone with knowledge sorry but we only give general statements. Wife been here a year and a half. Still has no rights at all. Can't work, can't drive, can't do anything. Real sick of this mess. Not sure about you guys wives but mine feels now like our dear .gov don't want her here. What a mess

[Sebastian]

bump..