I-130 at the NVC

[Tom and Ling]

Hi everyone,

 

OK..I received a large letter from NVC with my I-130 petition and GUZ number.

So since I am pursuing the K3/K4 for both Ling and the boys, I guess I am suppose to do nothing right now about the I-130...is this correct??

It states in the letter that if they have not heard from me in a year than everything will expire.

So I am assuming it will just sit at NVC for a year, unless I start something...Is this correct??

So what is going to happen??

 

Tom and Ling

[Tom and Ling]

Just want to make sure I don't screw up something with the I-130, since I might want to pursue it later...If I get "M"....

 

Tom and Ling

[dnoblett]

Did you file an I-130 for the K-4 also? If not, then let the I-130 hang at NVC and pursue the K-3/4.

 

If you did file 2 I-130s for spouse and child, I would keep the I-130s moving through NVC and with luck you will end up with CR-1/2 visas.

 

CR-1 visa has the big PLUS of green-card upon entry, and costs less overall.

[Randy W]

Hi dnoblett,

 

You gave me my answer.....

At the time, I viewed USCIS and for Vermont service center the difference between I-130's and doing the K3/k4 was 6 to 8 months and I wanted Ling and the boys here in the US.

Since things seem to have speeded up..who knows, but I don't regret pursuing the K3/K4 and don't mind paying the extra money for AOS.

So you answered the question....I will just let the I-130 hang.....

 

I know the I-130 cost less, but not that much less......

As well as since we have only been married less than one year, we would still only get the 2 year Green card...I think??

 

Tom and Ling

 

 

 

No - they would get the 10 year card, if, at the time of the interview, you had been married 2 years or more. With the K3, it would be MUCH easier to stretch it to the 2 year anniversary.

 

With the CR1, it's at the time of the visa interview. With the K3/K4, it's at the time of the AOS interview, which can be delayed for up to 2 years.

[dnoblett]

Hi dnoblett,

 

You gave me my answer.....

At the time, I viewed USCIS and for Vermont service center the difference between I-130's and doing the K3/k4 was 6 to 8 months and I wanted Ling and the boys here in the US.

Since things seem to have speeded up..who knows, but I don't regret pursuing the K3/K4 and don't mind paying the extra money for AOS.

So you answered the question....I will just let the I-130 hang.....

 

I know the I-130 cost less, but not that much less......

As well as since we have only been married less than one year, we would still only get the 2 year Green card...I think??

 

Tom and Ling

 

 

No - they would get the 10 year card, if, at the time of the interview, you had been married 2 years or more. With the K3, it would be MUCH easier to stretch it to the 2 year anniversary.

 

With the CR1, it's at the time of the visa interview. With the K3/K4, it's at the time of the AOS interview, which can be delayed for up to 2 years.

Yep, I tend to tell K-3s to delay filing I-485 to adjust status until shortly before 2nd wedding anniversary, But not later than 1 year past visa medical. If the K-3 wants to work, they can apply for EAD before AOS by filing I-765 and paying the $340 fee, this is less than the fee to remove conditions. Edited August 28, 2008 by dnoblett (see edit history)

[Stepbrow]

Tom, what I think they are saying is that once your wife and stepsons are in the US on the K3/4, you will wait to file the AOS until close to your second anniversary. That way they will be eligible for the 10 year green card.

[dnoblett]

Well Randy and dnoblett,

 

Everything you say is correct, however, to get the 10 year Green card we would have to be married 2 years....so that would mean that Ling and the boys would have to stay in China until March of 2010 and that is not something I want to do to save money or get a 10 year Green Card.

I want Ling and the boys here in the USA as soon as possible.

I realize all the things you have said but some of the things come with drawbacks.....................

 

Tom and Ling

 

You dont undertsand, it has to do with when LPR status is granted.

 

Here is how it works.

 

1) A couple has been married more than 2 years when an IMMIGRANT visa is granted IR-1 will get un-conditional residency granted upon entry to the USA. (10 year card)

 

2) A couple has been married less than 2 years when IMMIGRANT visa is granted CR-1, but enters the USA after 2nd wedding anniversary will also get un-conditional residency granted upon entry to the USA. (10 year card) Residency status starts at the time they enter the USA.

 

3) A couple has been married less than 2 years when a NON-Immigrant visa K-3, they can enter the USA any time after getting the visa up to 2 years. Just dont adjust status until closer to 2nd year anniversary or after 2nd anniversary. When Green-card is issued if approved AFTER 2nd anniversary, the result is un-conditional residency. (10 year card).

 

Understand, it is not when a K-3 enters the USA that determines residency status, it is when the K-3's green-card is approved that determines this, the K-3 can enter the USA a year after marriage, and simply delay filing the I-485 until just before 2nd wedding anniversary and get the 10 year card, avoiding having to remove conditions.

[Randy W]

Hi dnoblett,

 

I understand all this, if you new my whole story, you would know that I was married to a Russian woman from Kazakhstan and filed 3 I-130's and when they came to the US they were given 2 year green cards because we were only married for less than two years...and 90 days before our second anniversity we filled to lift conditionals.

 

I appreciate what you are saying but I understand all of what you have said.....

 

Tom and Ling

 

 

 

What you are saying doesn't indicate understanding, but it's up to you.

[dnoblett]

Hi dnoblett,

 

I understand all this, if you new my whole story, you would know that I was married to a Russian woman from Kazakhstan and filed 3 I-130's and when they came to the US they were given 2 year green cards because we were only married for less than two years...and 90 days before our second anniversity we filled to lift conditionals.

 

I appreciate what you are saying but I understand all of what you have said.....

 

Tom and Ling

 

 

 

What you are saying doesn't indicate understanding, but it's up to you.

I was thinking the same thing, a CR-1 few years ago is different than a K-3 now, CR-1 has no adjustment of status, the only play a CR-1 can have is if the couple are lucky and 2nd wedding anniversary happens to fall during the validity period of the CR-1 they can delay entry until after 2 years of marriage.

 

K-3 has a much larger period of validity (2 Years) All K-3 holders can get a 10 year card, they can enter shortly after getting the visa, and simply delay filing the I-485 for up to 2 years which WILL be after 2 years of marriage. K-3 can also apply for EAD before filing the I-485, so that the K-3 can work, get ssn, and even apply for a drivers license before filing the I-485, EAD in this case costs $340, this in some cases is desirable if for instance the couple need the additional income to be able to sponsor immigrant the K-3 can add income to that of the primary sponsor and use I-864A.

[Sebastian]

fwiw, i stamped every piece of paper on the i-130 submittal with the words 'k-3 visa app to follow - do not suspend nvc processing on i-130 - forward this i-130 to US Embassy-Guangzhou' . I even made stickers for the pictures. I'll report back 'what happened' after the NOA-2's come out, but my mindset was to get a K-3, and hold out for a CR-1 as well, meaning 2 interiews at GUZ.

 

She does not have any children, so my approach would not be the same for someone with chidlren to consider.

 

My point was to NOT abandon the CR-1 processing.

Edited August 29, 2008 by Darnell (see edit history)

[dnoblett]

fwiw, i stamped every piece of paper on the i-130 submittal with the words 'k-3 visa app to follow - do not suspend nvc processing on i-130 - forward this i-130 to US Embassy-Guangzhou' . I even made stickers for the pictures. I'll report back 'what happened' after the NOA-2's come out, but my mindset was to get a K-3, and hold out for a CR-1 as well, meaning 2 interiews at GUZ.

The hitch is the K-4 for the OP's child, if they were to be working the same angle as you they would have to file TWO I-130 forms one for spouse, and one for child.

 

Many K-3/4 tend to just file I-130 for spouse and defer filing the child's I-130 until they adjust status, the child's I-130 can be attached to the I-485 when adjusting status. K-4 automatically gets a derivative K-4 for child, however CR-1 does not automatically get a derivative visa for child, in the case of immigrant visa, two petitions need to be filed, one for spouse and one for step child.