485 sec 2, what box to check for K3?

[ME4Ying]

My wife is here on a K3 and I cannot find any mention of K3 in Section 2 of form 485. What box should I check?

 

I think we are in a rush to get this done. My wife came to the US in October 2007 and we planned to wait until Aug 2008 to file for the GC so we could qualify for the 10 year plan. However, her father became ill and she went back to China in May 2008 and just returned. Her K3 is until Aug 2009. That gives us 4 months. However, after the imigration officers had a discussion at the POE about the length of a K3 they wrote 04 May 2011 on her I-94. Does that mean she can stay until 2011?

 

Anyway the most important question for now is what goes in Section 2.

 

Mike

[dnoblett]

"A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.

 

And yes the I-94 will allow you to put off filing I-485 until that long.

 

NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.

[ME4Ying]

"A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.

 

And yes the I-94 will allow you to put off filing I-485 until that long.

 

NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.

 

Wow - that takes some pressure off. Another question about the form - bottom section 1. "Expires on" is the date the K3 expires or the date on the I-94?

[dnoblett]

"A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.

 

And yes the I-94 will allow you to put off filing I-485 until that long.

 

NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.

 

Wow - that takes some pressure off. Another question about the form - bottom section 1. "Expires on" is the date the K3 expires or the date on the I-94?

Use the date that the I-94 expires. The K-3 expiration date has to do with the last date it can be used to enter the USA, and has nothing to do with AOS process. Edited May 6, 2009 by dnoblett (see edit history)

[ME4Ying]

"A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.

 

And yes the I-94 will allow you to put off filing I-485 until that long.

 

NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.

 

Wow - that takes some pressure off. Another question about the form - bottom section 1. "Expires on" is the date the K3 expires or the date on the I-94?

 

Oh - and another. Should I put my wife Tax ID number since she does not yet have a Social Security number?

[dnoblett]

Oh - and another. Should I put my wife Tax ID number since she does not yet have a Social Security number?

No, they are asking for SSN, NOT ITIN. No SSN, then mark the line "NONE" Edited May 6, 2009 by dnoblett (see edit history)

[Tom and Ling]

"A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.

 

And yes the I-94 will allow you to put off filing I-485 until that long.

 

NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.

 

Hi dnoblett,

 

What Box for K-4 on the I-485???

I checked H (other) and gave "Admitted as a K-4 (Nonimmigrant), Mother married to US Citizen, I-130 approved".

Would this be enough.

Also submitting I-130's for the boys..TOO... :D ...for twins

 

Tom and Ling

[dnoblett]

"A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.

 

And yes the I-94 will allow you to put off filing I-485 until that long.

 

NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.

 

Hi dnoblett,

 

What Box for K-4 on the I-485???

I checked H (other) and gave "Admitted as a K-4 (Nonimmigrant), Mother married to US Citizen, I-130 approved".

Would this be enough.

Also submitting I-130's for the boys..TOO... :D ...for twins

 

Tom and Ling

It is the same, "A"

 

If you filed an I-130 for the K-4 at the same time you filed an I-130 for the K-3 simply attache the K-4's I-130 approval notice.

 

If not, then you will need to fill out an I-130 for the K-4 and attach the additional $355 fee and send it in with the K-4's I-485 AOS.

[Tom and Ling]

"A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.

 

And yes the I-94 will allow you to put off filing I-485 until that long.

 

NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.

 

Hi dnoblett,

 

What Box for K-4 on the I-485???

I checked H (other) and gave "Admitted as a K-4 (Nonimmigrant), Mother married to US Citizen, I-130 approved".

Would this be enough.

Also submitting I-130's for the boys..TOO... :D ...for twins

 

Tom and Ling

It is the same, "A"

 

If you filed an I-130 for the K-4 at the same time you filed an I-130 for the K-3 simply attache the K-4's I-130 approval notice.

 

If not, then you will need to fill out an I-130 for the K-4 and attach the additional $355 fee and send it in with the K-4's I-485 AOS.

 

Thanks Dan.....I was not sure and the Boys I-130 has to be filed with the I-485.

 

Tom and Ling

[dnoblett]

"A" this is based on the approved I-130, you attach a copy of I-130 Approval notice to the I-485.

 

And yes the I-94 will allow you to put off filing I-485 until that long.

 

NOTE: you WILL need to do a full I-693 medical for AOS because the one for K-3 was more than a year ago.

 

Hi dnoblett,

 

What Box for K-4 on the I-485???

I checked H (other) and gave "Admitted as a K-4 (Nonimmigrant), Mother married to US Citizen, I-130 approved".

Would this be enough.

Also submitting I-130's for the boys..TOO... :D ...for twins

 

Tom and Ling

It is the same, "A"

 

If you filed an I-130 for the K-4 at the same time you filed an I-130 for the K-3 simply attache the K-4's I-130 approval notice.

 

If not, then you will need to fill out an I-130 for the K-4 and attach the additional $355 fee and send it in with the K-4's I-485 AOS.

 

Thanks Dan.....I was not sure and the Boys I-130 has to be filed with the I-485.

 

Tom and Ling

Yep, one for each. Here is where a K-1 has an advantage, K-2 simply checks the same box as the K-1 and attaches the I-129F Approval notice. No extra fees for filing I-130's.

 

K-3/4 was never intended to adjust status it they were then the I-485 would have a check box like the K-1 and the K-4's would be handled the same way (True derivative visas alowing AOS based on their derivative status.), the K-3 and 4 visas were developed to allow them to enter the USA and wait for approval I-130s and then return to home country for visa interviews. (AOS from a K-3/4 visa can be expensive compared to simply filing I-130's for each immigrant and going for CR-1 and CR-2 visas)

[Tom and Ling]

 

K-3/4 was never intended to adjust status it they were then the I-485 would have a check box like the K-1 and the K-4's would be handled the same way (True derivative visas alowing AOS based on their derivative status.), the K-3 and 4 visas were developed to allow them to enter the USA and wait for approval I-130s and then return to home country for visa interviews. (AOS from a K-3/4 visa can be expensive compared to simply filing I-130's for each immigrant and going for CR-1 and CR-2 visas)

 

I'll stand by doing the K-3/K4 route ....

 

Tom and Ling