k-3-> AOS or wait for I130

[Sueetp]

Hello All!!

We filed the i130 first, then the 129f. We had the interview, and got apprvoed for the k-3 visa. We waited until we were married for 2 years, and filed for AOS the 485 on July 20... Now I recently got an interview date for the 130 in CDJ... Would going to the 130 interview be the same thing as doing an AOS interview?

Thanks

[aussiewench]

The Immigrant Visa interview at a consulate/embassy has the same outcome as the AOS interview in the US. Immigrant Visa will get you permanent resident status on entry to the US. A successful AOS interview will also grant you permanent resident status.

You always have the option of returning to the consulate/embassy for an Immigrant Visa interview instead of AOS in the US from the K-3. Your situation is different however because you have already applied for AOS. I have absolutely no idea with this predicament that you are in. I do know that with the AOS, it is going to be lengthy, especially as your approved I-130 is not in the US.

A quick consult with an immigration attorney, may be your best option. Or at least an infopass appointment.

Let us know what eventuates from this situation.

[IBMMuseum]

Hello All!!

We filed the i130 first, then the 129f. We had the interview, and got apprvoed for the k-3 visa. We waited until we were married for 2 years, and filed for AOS the 485 on July 20... Now I recently got an interview date for the 130 in CDJ... Would going to the 130 interview be the same thing as doing an AOS interview?

My family is also doing the same steps (except for being past the 2 year anniversary date, but close enough I think I can get them to waive it) at CDJ, flying blind also...

[mandy]

Cool so would you have to like still file a waiver?

[aussiewench]

I did a bit of googling and found the following opinion from a lawyer.

The question often arises over whether it is possible to pursue BOTH consular processing and adjustment of status simultaneously. The question is controversial. There is no statutory bar to processing both ways, but the USCIS takes the position that if it learns that one is pursuing both consular processing and adjustment of status at the same time, it will consider an adjustment application abandoned. This would typically arise when someone is in the process of adjusting status and files a request with the USCIS to cable an approval notice to a consulate to initiate consular processing. However, the issue will typically not arise in the reverse circumstances –– when one begins with consular processing and then decides to pursue adjustment of status.
Source (http://www.lexisnexis.com/practiceareas/immigration/pdfs/web549.pdf)

[gdalicia]

We are in a similar position. Our I-130 is at the NVC waiting to be scheduled for an appointment in CDJ (completed in July, it's currently taking them 9-10 months to schedule appointments). Meanwhile, hubby will be entering on a K-3 and we will file AOS. So I'm also wondering if I can wait to see what happens first...his consular interview or the AOS interview and just do either one.

[Sueetp]

Does Laurel still do her free chats on wed am? If so I will bring up this issue there, to get her advice. If not, anyone that could give me honest sounds advice would be greatly appreciated. I am stuck however because I have already booked and paid for a conference for work in boston the same date they scheduled our 130 interview in CDJ. DO I have to be present on this date with my husband? is this interview the same as AOS?

can i request a new interview date without waiting so much longer?

and finally, will my husband recieve his green card or residency card on the spot at CDJ, plus SSN#??

thanks much,
sueetp

[kitkat1]

Answer is very clear right here -- it's the same thing. If you have already applied for AOS in the US, doesn't seem to be any reason whatsoever to return to CDJ. Requesting a new interview date in CDJ could mean a 6 month wait.


The Immigrant Visa interview at a consulate/embassy has the same outcome as the AOS interview in the US. Immigrant Visa will get you permanent resident status on entry to the US. A successful AOS interview will also grant you permanent resident status.

[Sueetp]

So does the 130 interview give the person a EAD and SSN and Green card right away?

[Sueetp]

Yes I re-read and have answered my own question.

Now I have another. I paid $395 for the AOS papers. I paid about that for the k-3 Visa. Now I have to pay $340 again for the 130 when we get to CDJ? Or do they transfer funds if I use the 130 instead of the AOS? HAHA... I want to get this over and done with the quickest way but im def going to be wasting money now.

[kitkat1]

Why are you continuing to pursue the CR1 visa in CDJ, spending the money to travel, etc. if your AOS in already in process? Doesn't make any sense to me.

[Sueetp]

I have the 130 interview in a month, and people are saying that its going to take 9 months for the AOS interviewdate to arrive and for the case to be completed.?? We dont want ot wait another 9 months for my husband to get his green card.. Am i under the wrong impression for the AOS timeline?

[gdalicia]

I have the 130 interview in a month, and people are saying that its going to take 9 months for the AOS interviewdate to arrive and for the case to be completed.?? We dont want ot wait another 9 months for my husband to get his green card.. Am i under the wrong impression for the AOS timeline?

Laurel mentioned in one of her chats that she used to advise her clients not to leave the US to do the CR-1 interview. The problem is that *if* you have problems at the interview (for example, at the medical exam) you are out of the country and can't get back in until everything is resolved. She is now saying that it might be a small enough risk to avoid the huge fee increase for AOS. But, when you factor in travel, time off, hotel, etc.. I think the Consular option ends up being just as expensive. I also want to avoid the CDJ medical clinics....they are out of control and my impression is that the in-country exams are much more low key. It's tempting to want to go with whatever happens faster...but I've pretty much decided we will do AOS even if it ends up taking a bit longer.

[Pooh79]

I would not return to a foreign consulate. I'd rather do it here in the U.S.,but thats just me.

[faralee]

My husband is also in this same situation. He was approved on I129 in March 13,2007. We live in Florida and already have his Aos interview Sept 19,2007. Our lawyer was surprised to see how fast we got an interview ( I was too- expecting it not to be unitl Dec or Jan) I personally would rather proceed here in the states with adjusting his immigration status. The immunization medical update in the usa is much nicer. Going back to Mexico to compleete this process would bring back sooooo much stress ! Good luck to you :o)

Pooh- good to see your husbands EAD approved!

[MendozaQH]

Yes I re-read and have answered my own question.

Now I have another. I paid $395 for the AOS papers. I paid about that for the k-3 Visa. Now I have to pay $340 again for the 130 when we get to CDJ? Or do they transfer funds if I use the 130 instead of the AOS? HAHA... I want to get this over and done with the quickest way but im def going to be wasting money now.

LOL, this is the government and to make it worse....this is immigration! Do not expect them to transfer funds!

[Sueetp]

haa totally right you are.. I spoke to someone from uscis today and they told me there is no such nicety like tranfering funds.. I also asked if my hubby had to get his med exam done in CDJ, or if he could complete it here, and she said it would be okay and gave me a civil surgeon in my area- however, I doubt that info is correct because in the info packet we got it says only the 2 med offices are allowed to do med exams for the consulate in CDJ... soo

Okay- I know everyone is pretty much all for staying in nyc to wait out the AOS interview- and I value your advice- but im weighting out the option between continuing to struggle money wise, supporting my husband, living with my parents for 9 more months,.. or paying extra upfront and getting his GC in 1 month, having him help me financially- and MOVING OUT. Its a seriously tough issue.. and im still confused in which path to follow..

Thanks for the advice