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[Patrick & Li]

Married my wife in China.

Came back home and filed for the I-130, and got NOA-1.

Took the NOA-1 and filed for I-129F (K-3 visa)

Passed inerview in China, and wife is now here.

Filed the AOS paperwork, and EAD in July, 2004.

Got SS#, and EAD approval.

Got a letter yesterday for us to go to a interview for I-130 on February 28th.

 

What good is the I-130 if she is now here? Do we have to do the I-130 interview and also the AOS interview?

 

Patrick & Li

[tywy_99]

You need to be more specific in your information.

What you have posted is not enough to go on.

For example:

 

1) Has the I-130 been approved by CIS? If so, when?

 

2) What type of letter are you refering to? An I-797C? If so, where from? NBC? Or a letterhead from your local CIS office where you filed at (I-485)?

 

3) What exactly does the letter say?, protecting your privacy, of course.

 

Just need a little more to go on.

 

Hell, at least they've sent you something!.....I'm beginning to feel like a rat on a sinking ship! What'dya know!...according to the Chinese zodiac,,,I am a RAT!....................

[Patrick & Li]

I am sorry. The interview is in Charleston, SC. It says nothing about AOS, though that is where i filed for the AOS (Charleston). It says the letter is pertaining to the I-130, and has a interview date for 2-28-2005, says to bring things that are proof of relationship, ie marriage certificate, pictures of us together. I was under the impression that the K-3 visa interview in GZ superceded the I-130. I thought all we had to do now was wait for the AOS to be approved and that would pretty well be complete for all of this.

They are real good at throwing wrenches into the gear box.

 

Patrick & Li

[tywy_99]

I see nothing in your timeline about CIS approval of the I-130. When was it approved? Or has it been approved? A k-3 visa holder must submit a copy of the I-797C CIS I-130 approval notice when filing the I-485 to adjust status. Could this be the reason? Only asking to narrow things down. It is a curious situation. One that I haven't heard before.

[Patrick & Li]

I see nothing in your timeline about CIS approval of the I-130. When was it approved? Or has it been approved? A k-3 visa holder must submit a copy of the I-797C CIS I-130 approval notice when filing the I-485 to adjust status. Could this be the reason? Only asking to narrow things down. It is a curious situation. One that I haven't heard before.

Are you absolutely sure about that? I filed the AOS based on the fact that she is here now. I have received a letter stating they have my AOS paperwork. I hate to say it, but i am flying by the seat of my pants here, and doing what i have read from here and many other sites. I have never found anything that was "Cut and Dried", Have you?

 

Ok, back to your questions. The letter states that the reason for the appointment is "I-130 application"

 

I would say No to the question if the I-130 has been approved, but as i thought and said before, I thought once the K-3 was approved, that superceded the I-130.

 

The letter is from Charleston, SC, but the only thing i have filed there is my AOS. I filed the I-130 through Atlanta, Ga.

 

I guess i'll be going, maybe they can give me more detailed info on what i may need to do for later.

 

 

Patrick & Li

[tywy_99]

I see nothing in your timeline about CIS approval of the I-130. When was it approved? Or has it been approved? A k-3 visa holder must submit a copy of the I-797C CIS I-130 approval notice when filing the I-485 to adjust status. Could this be the reason? Only asking to narrow things down. It is a curious situation. One that I haven't heard before.

Are you absolutely sure about that? I filed the AOS based on the fact that she is here now. I have received a letter stating they have my AOS paperwork. I hate to say it, but i am flying by the seat of my pants here, and doing what i have read from here and many other sites. I have never found anything that was "Cut and Dried", Have you?

 

Ok, back to your questions. The letter states that the reason for the appointment is "I-130 application"

 

I would say No to the question if the I-130 has been approved, but as i thought and said before, I thought once the K-3 was approved, that superceded the I-130.

 

The letter is from Charleston, SC, but the only thing i have filed there is my AOS. I filed the I-130 through Atlanta, Ga.

 

I guess i'll be going, maybe they can give me more detailed info on what i may need to do for later.

 

 

Patrick & Li

I am so absolutely sure that I pasted the below from the USCIS web about the I-485 form:

 

Family-Based Applications

 

Immediate Relatives

 

If you are the immediate relative (spouse, parent or unmarried child under 21 years old) of a U.S. citizen, submit the following forms:

 

I-485, Application to Register Permanent Residence or to Adjust Status

G-325A, Biographic Information

Either your original I-130, Petition for Alien Relative (if you are filing concurrently), or a copy of your I-797, Notice of Action (if the petition was already approved).

I-864, Affidavit of Support

I-693, Medical Examination of Aliens Seeking Adjustment of Status

All required supporting documentation as listed on the above forms.

===========================

 

A K-3 visa is a non-immigrant visa (NIV). No NIV has immigrant status therefore no NIV holder has rights to immigrate. In order to immigrate and adjust status, there must be an approved I-130.

 

Whether be Charleston, SC or Atlanta, GA; CIS is still CIS.

 

Thanks for the interesting case, Patrick. I'm sure all will go smoothly. This must be the way they handle this type of scenario. Like I said, "the first I've seen."

Good luck with it and keep us posted.

[Patrick & Li]

The more I read, the more confused i get.

[warpedbored]

Simply put the I-130 is the basis of your petition. You aren't supposed to be able to file AOS until the I-130 is approved. Then you make a choice. Go to GZ for the interview and return with a CR1 or stay and file AOS here. Since you already filed AOS before the I-130 has been approved you might as well go to the interview. They can't eat you and you may get lucky and they decide to skip the I-130. I have heard of it happening.

[tywy_99]

Simply put the I-130 is the basis of your petition. You aren't supposed to be able to file AOS until the I-130 is approved. Then you make a choice. Go to GZ for the interview and return with a CR1 or stay and file AOS here. Since you already filed AOS before the I-130 has been approved you might as well go to the interview. They can't eat you and you may get lucky and they decide to skip the I-130. I have heard of it happening.

 

 

 

 

 

The I-130 IS the petition. And it must be approved by CIS to gain an immigrant visa and subsequent immigrant status. After CIS approval, the petition(I-130) is sent to NVC for further processing to an eventual IV. There are still steps to go thru before any interview in GZ comes about, i.e. I-864 fee, immigrant fee, P3. All this takes time as seen by some here on this board who are going through it.

"might as well" go to the interview is perilously misleading. It would be "imperative" that they go. Anything less could give cause for denial.

================

From the Federal Register pertaining to the INA and K3 AOS:

 

(i) Adjustment of status from K-3/K-4 status. An alien admitted to

the United States as a K-3 under section 101(a)(15)(K)(ii) of the Act

may apply for adjustment of status to that of a permanent resident

pursuant to section 245 of the Act at any time following the approval

of the Form I-130 petition filed on the alien's behalf, by the same

citizen who petitioned for the alien's K-3 status. An alien admitted to

the United States as a K-4 under section 101(a)(15)(K)(iii) of the Act

may apply for adjustment of status to that of permanent residence

pursuant to section 245 of the Act at any time following the approval

of the Form I-130 petition filed on the alien's behalf, by the same

citizen who petitioned for the alien's parent's K-3 status. Upon

approval of the application, the director shall record his or her

lawful admission for permanent residence in accordance with that

section and subject to the conditions prescribed in section 216 of the

Act. An alien admitted to the U.S. as a K-3/K-4 alien may not adjust to

that of permanent resident status in any way other than as a spouse or

child of the U.S. citizen who originally filed the petition for that

alien's K-3/K-4 status.

================

This is immigration law. The I-130 must be approved before becoming a LPR.

 

Can you reveal your source as to how a K-3 holder can gain LPR status without an approved I-130?

This would indeed be interesting to see since I haven't seen that either. The I-130 is the basis of the immigration procedure and not to be taken lightly. There is no casting it aside. It is for IV petitioning and/or AOS, just as the I-129F is for NIV petitioning.

[warpedbored]

I posted a similar question on British ex pats once. One of the atorneys that post there replied that the I-130 must be approved to file AOS. He also mentioned that in some rare instances local service centers have approved petitions such as Patrick's when filed before the I-130 is approved but it is rare. I would assume the local USCIS office has some discretion in these cases but I definitely wouldn't count on it.

[Patrick & Li]

Maybe it will get me farther along in the process with the AOS. Nevertheless, We will be going to the I-130 interview.

I find it strange that i filed my I-130 through Atlanta, and I filed my AOS through Charleston, and yet my I-130 interview is at Charleston. Just a coincidence maybe?

 

Patrick

[tywy_99]

I find it strange that i filed my I-130 through Atlanta, and I filed my AOS through Charleston, and yet my I-130 interview is at Charleston. Just a coincidence maybe?

The I-130 is filed at the service center which has jurisdiction over your place of residence. South Carolina files at Texas SC. The CIS field offices that has jurisdiction over South Carolina is the Atlanta and Charleston offices.

Strange, indeed, that Atlanta kept your I-130 and not send it back to you. A good example of how each CIS office across the country makes up, or at least interprets the law as they see fit.

 

I wonder what would've happend if I sent my I-130 to the Washington D.C. office instead of VSC?

[ghall20]

You need to be more specific in your information.

What you have posted is not enough to go on.

For example:

 

1) Has the I-130 been approved by CIS? If so, when?

 

2) What type of letter are you refering to? An I-797C? If so, where from? NBC? Or a letterhead from your local CIS office where you filed at (I-485)?

 

3) What exactly does the letter say?, protecting your privacy, of course.

 

Just need a little more to go on.

 

Hell, at least they've sent you something!.....I'm beginning to feel like a rat on a sinking ship! What'dya know!...according to the Chinese zodiac,,,I am a RAT!....................

Well

Don't feel bad

My wife is a Pig!!!!!

[kfman]

after all this time, dont you guys realize government forms and paperwork are not meant to make sense?

 

If it did, they could not justify their employment...