K-3 interview January 24

[johnxiaoying]

My wifes K-3 interview is scheduled for January 24, 2005. A fee bill was sent to my attorney on November 28 for an Affidavit of Support Fee Bill and Immigrant Visa Fee Bill.

 

Does anyone know what the ramifications are to this? I believe I read somewhere (cannot find now) that we can abandon the I-130. How is it abandoned?

 

I appreciate any insight into this process as I am not familiar with it.

[Mengxin]

Dude, Your CR-1. That's why. the 129 is closer, you don't need the 130. It will take longer. 129F was approved along time ago, go to the interview. Get her here with you now, the rest will take care of itself later.

 

Click here

 

K3 CR1 Process

 

K3 Visajourney

 

I would also say thankyou and goodbye to your laywer too. You can handle it yourself. If you can't well then.....???whatever

[tywy_99]

When your wife gets the K-3 visa, you can abandon the immigrant visa process and file AOS once she his here in the states. By abandoning the IV CR-1 is to forego paying the fees on the Affidavit of Support form (I-864) and immigration application (DS-230) bills. Notify CIS of your intentions so that they can retrieve the approved I-130 back from NVC.

Filing Adjustment of Status (AOS) consist of the I-485 form w/ supporting documents and a copy of the I-797 approval notice of the I-130. Also, the I-864 will be included along with and be a part of your I-485 package at the current fee. $315

At the same time, you can file the I-765 application for employment authorization, (EAD card). $175

 

On the other hand, you can bring your wife here to the states on the K-3 and continue with the IV CR-1 by paying the fees. In that way, she will have appear for a second interview in GZ for the CR-1 visa. She will recieve the I-155 stamp(green card) in her passport at the POE. That was the idea behind the K-3 but the way immigration law is written, the I-485 AOS can be filed on any alien who is legally in the states, such as by a nonimmigrant visa like the K-3.

[warpedbored]

I posed a similar queston on British expats once. I was under the impression that if your wife was here on a K-3 visa you could drop the I-130 and file AOS on the I-129F. Folkskyia (sp?) an immigration attorney who posts there from time to time replied that you cannot. He said the I-130 is the basis of the petition and must be approved before you can file for AOS.

[Guest Gene]

Mark(Squeaky) has just gone through this. You don't cancel the I-130, just let the NVC know what you are doing and they will put your I-130 in a status that it will be used to file AOS after she gets here. The NVC just does not process the I-130 to go to Guangzhou, but it does not cancel it.

[eeyore]

I also have gone the k-3 route. From what I understand the k-3 visa was designed to allow your spouse to enter the states while waiting on the I-130. If your wife gets the k-3 you still need to follow through with 1-130 for permanent residence status. If your wifes interview is for cr1/I-130 then no need for k-3 but I do not think it works the other way around.

 

She can still go for k-3 interview but follow through w/I130 when she is in the states.

 

by reading your time line one thing I'm not clear about. Is her interview for k-3 (I129) or for cr1 (I130)?

[johnxiaoying]

Her interview is for the K-3. I appreciate everyones input.

[eeyore]

For k-3, I beleive you would still follow through w/I130. If you are confused calling your service center might give you the best answer.

 

I does say k-3 in your 1st post, sorry I missed it.

[eeyore]

On the other hand, you can bring your wife here to the states on the K-3 and continue with the IV CR-1 by paying the fees. In that way, she will have appear for a second interview in GZ for the CR-1 visa. She will recieve the I-155 stamp(green card) in her passport at the POE. That was the idea behind the K-3 but the way immigration law is written, the I-485 AOS can be filed on any alien who is legally in the states, such as by a nonimmigrant visa like the K-3.

tywy,

 

I was under the impression that the 2nd interview was conducted at the local INS in the states since k-3 allows one to come to the states. If the k-3 is for while waiting on cr-1/I130 then what would be the point of having 2nd interview in gz?. Is that 2nd interview conducted before k-3 visa is issued?

I think that my I130 will be approved before k-3 so it may not apply in my case.

[tywy_99]

His I-130 has already been approved. His lawyer already has the Fee Bills from NVC to further process the IV.

If he wants to file AOS, as far as the I-130 is concerned, he only needs the I-797 approval notice from CIS.

===========

From the Federal Register Vol. 66 N0. 174:

 

{According to the LIFE Act, a K-3 visa may be issued when "an immigrant visa is not immediately availiable to the alien." To maximize the number of aliens who may benefit from the LIFE Act provisions, VO has determined that an immigrant visa is "availiable" only when the actual approved I-130 petition has been received by the IV-issuing consular post.}

 

Ony DOS can issue a visa, not CIS.

[Mengxin]

On the other hand, you can bring your wife here to the states on the K-3 and continue with the IV CR-1 by paying the fees. In that way, she will have appear for a second interview in GZ for the CR-1 visa. She will recieve the I-155 stamp(green card) in her passport at the POE. That was the idea behind the K-3 but the way immigration law is written, the I-485 AOS can be filed on any alien who is legally in the states, such as by a nonimmigrant visa like the K-3.

tywy,

 

I was under the impression that the 2nd interview was conducted at the local INS in the states since k-3 allows one to come to the states. If the k-3 is for while waiting on cr-1/I130 then what would be the point of having 2nd interview in gz?. Is that 2nd interview conducted before k-3 visa is issued?

I think that my I130 will be approved before k-3 so it may not apply in my case.

Yea, i talked to squeak about it last weekend. I thought like you did. Even though Ling is already here, they still need to go back and interview again. I couldn't believe it.

 

tywy, Great stuff. I printing this thread fior sure.

 

Thanks

[johnxiaoying]

I would also say thankyou and goodbye to your laywer too. You can handle it yourself. If you can't well then.....???whatever

 

 

The lawyer has not been used since the initial applications were filed. While picking up my copies at his office I noticed two errors, one of which was his staff had left out the notarized, translated marriage certificate and had put in its place a xerox copy of the non-translated marriage booklet. I believe this set us back at least several weeks.

 

The whole purpose of hiring an attorney was to hedge against making any errors in the filing of the applications and then I end up proof reading it.

 

Some of the notices through this process have been mailed to the attorney and some have been sent directly to me. A little inconsistent. His office was finally notifying me of the Fee Bills two weeks after they received them.

 

Looking at your timeline I see you have had a few experiences with your attorney also. We hire them thinking they will expedite the process and they end up costing us precious time while we pay their hefty fee.

 

In my case I paid about $750 for a cover letter to get thrown on top of the forms my wife and I had completed. I wish I had found CFL prior to getting into the process.

[Dean Hall]

tywy_99 is exactly correct - and you mis-understand Squeaky.

 

For those of us who married in China, the CR-1 and the K3 ran in parallel, but often with different time lines.

 

We then took the first interview offered, in almost every case, the K3.

 

Meanwhile, the CR-1 is still running, and you receive Agent of Choice letters, visa fee bills, and what not.

 

When you receive the Visa Fee Bill from the NVC for the CR-1, you need to make a decision - either go with the AOS (you still pay the same money), or pay the CR-1 Visa Fee.

 

If you go AOS, you suffer varying degrees of pain dependent on where you live in the USA, eventually resulting in a green card.

 

If you opt out and take the CR-1 route, you do all the paperwork with your honey in the USA, but she will need to return to GZ for the interview resulting in the green card stamp when whe re-enters the USA.

 

Mengxin- Squeaks wife, Ling does not "Need" to go back to GZ to interview.

She can choose to go with the AOS or to complete the CR-1 process.

Squeaky chose the CR-1 because it is more benificial to him. (and Ling)

His wife lives in GZ, so when she goes to interview (again), she also visits family and friends.

Squeaky does not have time to spend days finding translators, ect., and standing in line for a day to file an AOS paper. He's on the road all week.

 

The same for myself. I will continue with the CR-1 because:

1. The NVC paper pushers seem to be faster and more efficient

2. I don't want to spend days up in Washington DC getting jerked around for AOS.

3. If she interviews for CR-1 in GZ, we tie it in with a family visit which we would do once or twice a year anyway.

4. In my opinion, she walks out with a green card fairly hassle free as opposed with our options in the DC area.

 

I'm just pointing out that these are your options, and the factors are different for everyone, dependent on where you live, ect.

 

Hope I did'nt muddy the water to much

 

Dean

[johnxiaoying]

You guys are a valuable source of information. You should collectively start an online business giving advice and guidance to many "Immigration Attorneys".

 

My attorney had said to quickly mail the Affidavit of Support and Immigrant Visa fees with no mention that I had a choice in the matter. Luckily I recalled reading an old post on CFL. I informed his secretary that I was abandoning the I-130 and then followed up here for your advice.

 

Many thanks!

[eeyore]

Thanks everyone for the responses to this thread. It is very helpful for me too since I am not totally clear as to which way to go. I will print this as well. So far I have not made any mistakes in filing because I found cfl before filing. All the advise and info has been invaluable, no need for layer. You guys/girls should send me a bill

 

Thomas