Owe $65 to NVC

[dmaddox74]

My wife has already received her P3 via the K3. Today, I received a letter requesting $65 from NVC or they won't further my I-130 application. However, my k3 was already sent to the Guangzhou Consulate and my wife has received her P3.

 

What should I do?

 

Thanks

[dmaddox74]

So...if I don't respond to NVC about the $65 what will happen? Will the I-130 just die?

 

So...when my wife get's here what will I do? Apply for a green card or permament resident card? Are they the same? If so, how?

 

Thanks,

[frank1538]

So...if I don't respond to NVC about the $65 what will happen?  Will the I-130 just die?

 

So...when my wife get's here what will I do?  Apply for a green card or permament resident card?  Are they the same? If so, how?

 

Thanks,

Let's assume that the $65 is appropriate for the I-130. As of right now you have two processes going - the K-3 and the I-130. Both will allow your wife to get to the US. With the I-130, upon approval in GZ, your wife will enter the US as a legal permanent resident, and the need for the K-3 (if it is still pending) goes away. For all intents and purposes, she's done except for possible removal of conditions, etc.

 

With the K-3, upon approval in GZ, you wife will also enter the US but she would then have to file for an adjustment of status to legal permanent resident or wait for the I-130 to be processed.

 

My inclination would be to go ahead and pay the $65 even if it appears that the K-3 will process faster. My thinking is that the K-3 process requires the I-130 in order to be valid and although the K-3 can be filed as soon as the NOA 2 is received on the I-130, I would be reluctant to drop the I-130 before I filed for AOS off the K-3.

[tywy_99]

So...if I don't respond to NVC about the $65 what will happen?  Will the I-130 just die?

 

So...when my wife get's here what will I do?  Apply for a green card or permament resident card?  Are they the same? If so, how?

 

Thanks,

If you don't respond to NVC about the $65, NVC will not process the I-130/CR-1 any further. It doesn't mean that the I-130 is dead. It just mean that it won't be processed any further until payment is made.

If you want to persue the IV, then by all means pay it! If you want to bring your wife here on the K-3, then you have the option of filing for AOS. If it is your intention to file AOS once she is here in the states, then drop the immigration visa proceedings. All you need to file the I-485 AOS is the approved notice of the I-130 from CIS. You can then file the I-485, the I-765, and the I-864. The I-864 will be filed along with the I-485 as stated in the instructions.

If you decide to file AOS then call CIS to let them know so that they can get the approved I-130 back from NVC.

If you decide to petition for the immgration visa, then pay the I-864 fee bill and designate an agent as stated on the DS-3032. The agent is usually the petitoner.

NVC will next send the immgration fee bill of $335. After paid, NVC will send P3

[tywy_99]

K-3 can be filed once the receipt notice for the I-130 (NOA1) is received by the petitioner from CIS.

 

The I-485 AOS can be filed once the approval notice for the I-130 (NOA2) is received by the petitioner from CIS and the beneficiary is here in the states on the K-3 visa.

[frank1538]

K-3 can be filed once the receipt notice for the I-130 (NOA1) is received by the petitioner from CIS.

Thanks - my bad on NOA1 v. NOA2

[dmaddox74]

Thanks, what does AOS mean and I dont' understand the process of it and all that it entails?

[tywy_99]

The end result is either a conditional permanent resident card good for two years, or a permanent resident card (without conditions) good for 10 years. The two year card is issued if the marriage is less than two years old at the time adjustment is granted - if over two years, the ten year card is issued.

 

I hope that's right, Don. 10 years would be cool!

 

We have been married over two years now and still waiting for the AOS interview.

According to CIS processing dates, we are not very far off!, maybe 2 months.

[dmaddox74]

Thanks everyone for your answers.

 

This might help you to answer me further...

 

1, I live in New Mexico

 

2, I was married Feb 2004

 

3, I don't think my wife will work immediately. I think she'll go to college(what kind of visa will be needed for that?)

 

Because of your great answers I'm still kind of dumbstruck any final thoughts?

[tywy_99]

Thanks everyone for your answers.

 

This might help you to answer me further...

 

1, I live in New Mexico

 

2, I was married Feb 2004

 

3, I don't think my wife will work immediately.  I think she'll go to college(what kind of visa will be needed for that?)

 

Because of your great answers I'm still kind of dumbstruck any final thoughts?

Look at the USCIS website for mailing addresses for the I-485. It used to be that they were mailed to the CIS office that has jursidiction over your area but I think that has changed.

 

If you decide to file AOS, then you will want to file the I-765 for the EAD card. Only with the EAD card can your wife get a social security number. She may need that SS number to attend college, I'm not sure. Alot of places want to see a SS number. In any case, file the I-765 ASAP so that she can eventually get a SS card, if you should file AOS.

[dmaddox74]

However, I can't apply for an AOS I-485 or I-765 until she is here right?

[dmaddox74]

I don't know if this is good or not but I just found out that I can apply for the I-485 in my home state of New Mexico.

 

We just got our P3...I guess I still wonder if the I-130 will be processed before my k3 interview which most likely be in April. So...if NVC finishes in time will I still get a K3 interview or is their a chance I'll just get the I-130 interview instead?

[tywy_99]

However, I can't apply for an AOS I-485 or I-765 until she is here right?

That is correct.

By your wife being here in the states, she has the right, and is entitled to file AOS.

Processing times differ around the country but the interview will be held at the CIS office that has jurisdiction over your residence. At least that's the way it is now.

I mailed the application to my local office. They, in turn, sent it to the NBC in Missouri and then it was sent back to my local office! Nothing is "straight-forward" in this process.

Study up on the information offered by USCIS website pertaining to AOS and your area. You can call CIS helpline for any questions but honesly, I think you can get more information from CFL than you can CIS helpline........

In fact, they have changed their menu again! I called the other day and thought I would never get to a real-live operator!! It's alot harder to do these days then it ever was before.

[lele]

Thanks everyone for your answers.

 

This might help you to answer me further...

 

1, I live in New Mexico

 

2, I was married Feb 2004

 

3, I don't think my wife will work immediately.  I think she'll go to college(what kind of visa will be needed for that?)

 

Because of your great answers I'm still kind of dumbstruck any final thoughts?

She will need a Green Card (continue with the I-130), or an F, J, or H visa. However, from China, most of the time these visas are not issued (the current issuance rate is under 40%).

[dmaddox74]

Earlier someone said I may have to fly back to China for the I-130 interview but couldn't I just wait for the I-130 interview instead of taking the k3 interview?