No announcement yet.

K3 question

  • Filter
  • Time
  • Show
Clear All
new posts

  • K3 question

    Hi,my husband is in pakistan. We have recieved approval on our petitions for our I-129 and our I-130. I filed our affidate of support and his DS-230 forms with the National Visa Center. We just got notice that our I-129 info was sent to the Embassay in Islamabad. My question is this: if he gets the approval on the K3 what happens to the I-130? Do I file again for the I-130 or can I just do an adjustment of status? I am very confused on this. Can anyone help me and does anyone have any experience with the embassay in Islamabad?

  • #2
    Hi,my husband is in pakistan. We have recieved approval on our petitions for our I-129 and our I-130. I filed our affidate of support and his DS-230 forms with the National Visa Center. We just got notice that our I-129 info was sent to the Embassay in Islamabad. My question is this: if he gets the approval on the K3 what happens to the I-130? Do I file again for the I-130 or can I just do an adjustment of status? I am very confused on this. Can anyone help me and does anyone have any experience with the embassay in Islamabad?


    • #3
      hi Aaisha,

      I am little bit confused about your post...but if u r married and u filed for k 3 after marriage then u don't need to go through AOS again ... AOS is for people who are already in USA or who came on fiancée visa and got married in United states ... your husband will get a visa packet that he will have to give at airport / immigration clearance ...and then u should receive his green card in mail... good luck...Pasha


      • #4
        I would disagree. The K3 is a non-immigrant visa as a courtesy while your I130 is still pending. You shoudl file for AOS after arrival. What is less clear is whether you can file right away or must wait for an approved I-130. By being present in the US holding a K3 you also have a right to EAD independant of the AOS.


        • #5
          Hi Aaisha ,

          Kindly disregard my previous reply... I misunderstood and confused 2 different things... Katycab is right... Thanks for correcting it ... Pasha

          Here is the detailed info on it...

          Section 9.0...The K3/K4 Process General Outline
          On December 21, 2000 the Legal Immigration and Family Equity Act (LIFE Act) was signed into law. One of the provisions this legislation is the creation of K3 and K4 non-immigrant visas for spouses of US Citizens who are outside the US, and the children of those foreign spouses. These visas were created to allow reunification of families of US Citizens, by allowing the spouse and children to enter the United States as non-immigrants, and filing for Adjustment of Status inside the United States, rather than waiting for Consular immigrant visa processing. Provisions for processing for the K3/K4 became effective on August 14, 2001 after coordination required between USCIS (INS) and the State Department.
          The best government sources for information about the K3/K4 are through the USCIS (INS) website, the Federal Register publication of August 14, 2001, the London Consulate info on the application process, and London Consulate info on the interview process. You should also read this guide.
          Whereas the K1/K2 visa process is fairly straightforward, the K3/K4 is not as simple. It is important for the US Citizen to be informed and attentive to detail, because there are several opportunities to make mistakes and omissions which could result in unpleasant surprises. Immigrating to the United States via the K3/K4 is not such an automatic process as is experienced by the K1/K2.
          Briefly, the K3/K4 process is as follows:
          · A. The US Citizen files an I-130 petition for the foreign spouse.
          · B. USCIS (INS) issues a receipt (I-797) acknowledging filing of the I-130 petition.
          · C. The US Citizen files an I-129F petition, using the I-797 receipt as "proof of filing an immigrant petition". All children of the foreign spouse will be listed on this petition. The I-129F is sent to a special Service Center in Chicago. At this point, the "track" of the K3/K4 process becomes similar to the current processing for K1/K2 fiance(e) visa.
          · D. When the petition is approved, the appropriate Consulate is notified and processing for the K3/K4 non-immigrant visa is begun, including medical, police check, I-134 affidavit of support, and Consular interview. The fee will be the same as the current K1 fiance(e) visa.
          · E. The K3 visa is issued to the spouse, the K4 to the minor children, they go to the United States.
          · F. The K3 spouse and K4 children file the I-485 for Adjustment of Status, either immediately or when the I-130 petition is approved. The new K visa will be issued for an effective period of 2 years, with multiple entries permitted, and provision to extend the visa beyond 2 years. The State Department has indicated that in K3/K4 cases, that the USCIS (INS) will retain the approved I-130 petition. This means if he K3/K4 visa holder wishes to obtain an immigrant visa at a Consulate, they need to notify that Consulate to begin the process, after which the Consulate will request the approved I-130 petition from the USCIS (INS). The USCIS (INS) seems to expect that most K3/K4 folks will apply for AOS from inside the United States, but due to long processing times at some local offices, it is very possible some folks will wish to opt for Consular processing after they arrive in the United States.
          Note about the I-130 approval - In October 2002, the following post was made, "i just received an email this morning from the US embassy in London which states that because i have an approved I-130, this has cancelled my K-3 visa, and as long as i send my original approval i can open a provisional file".
          This is not in accordance with the original methods outlined for the K3/K4.
          Please read the K3 Step-by-Step Guide for detailed "how to" information.

          The K visa for spouses *may* provide a major benefit for older stepchildren. Until now, a US Citizen would file an I-130 for the foreign spouse, and separate I-130 petitions for each child or step-child. Stepchildren would only be eligible if the marriage took place before the stepchild's 18th birthday. The revised I-129F will automatically include all children under 21, with no separate petition required, removing a major disparity between current K1/K2 and spousal immigrant visa processes. However, Although a separate I-130 petition is not required for the children to obtain a K4 visa, an approved I-130 petition is required before they may be approved for Adjustment of Status to permanent resident. The I-130 petition still states the U.S. Citizen petitioner may not file for a stepchild, unless the marriage took place before the stepchild's 18th birthday. This detail must be addressed, in order to prevent an older stepchild from moving here on a K4 visa, yet being denied approval of the I-130 petition.
          Although the K3/K4 visa may allow the spouse and children into the US faster, they may now undergo the Adjustment process in the US, rather than entering the US with Permanent Resident status. This means filing for Adjustment of Status and work authorization, and paying the fees associated with these applications. It may mean problems with non-resident tuition fees at colleges, and other minor and major headaches experienced by current fiance(e) visa holders, including the sometimes nerve-racking experience of getting an older child adjusted to Permanent Resident status before turning 21.
          The "basis" for Adjustment is the same as for current K1/K2 visa holders, who cannot change status to anything except Permanent Resident based on marriage to the original US petitioner. In other words, the spousal K visa holder will still need to be married to the US Citizen spouse (who filed the I-129F) at the time of the Adjustment interview.
          The new K visa procedures allow the US Citizen and foreign spouse to bypass long I-130 petition approval times, and visa/affidavit of support processing steps at the National Visa Center, but will not decrease the time required to process and issue the new K3/K4 visa at the US Consulate.
          As the implementation of these new visas processes progresses, there will be plenty of newsgroup discussion, and we shall begin filling out this section of the FAQ with specific information and experiences. Spousal K visa couples may anticipate needing an english translation of their marriage certificate, school records, medical histories, divorce and death certificates, and whatever common sense indicates they should bring with them to the US "just in case" these items may be required for any further immigration or Naturalization processes.
          Back to Index

          Section 10.0...The I-130 Petition (for K3/K4)
          10.1)...I am a Permanent Resident, not a US Citizen. Can I still use the K3/K4 process?
          A..Unfortunately, no. However, provisions have been made for you if you and your family have been waiting for an immigrant visa to become available for over 3 years. You would use the "V" visa process, and you can find out about this from the USCIS (INS) website.
          10.2)...How do I prepare the I-130 package to start the process for a K3?
          A..The first thing you should do is make sure that the Consulate you will be using is ready to begin processing of the K3/K4 visa. You can find this out by reading the Consulate web site or by contacting them directly.
          Your package must contain the I-130 and the appropriate documentation listed in the I-130 instructions. For question 21, write down that your spouse will apply for a K3 visa and apply for Adjustment of Status in the United States.
          The documentation required for the I-130 is nearly the same for the I-129F petition, so you might as well prepare both packages at one time, rather than experience surprise and aggravation several weeks later, when you realize you need MORE copies of the exact same stuff. Here is what you will need:
          · I-130 Petition for Immediate Relative
          · G-325A Biographic Information -- 2 required. One is filled out and signed by you, the other is filled out and signed by the spouse.
          · A copy of your birth certificate, passport, or Certificate of Naturalization (you have to prove you are a US Citizen).
          · A photo of yourself (see note) with your name printed on the back of the photo.
          · A photo of your spouse (see note) with the spouse's name printed on the back of the photo.
          · A copy of the divorce decree, if you were previously married.
          · A copy of the death certificate if your marriage ended due to the death of your spouse.
          · A copy of the divorce decree, if your spouse was previously married.
          · A copy of the death certificate if your spouse's marriage ended due to the death of their spouse.
          · A check or money order for the required fee.

          It would be advisable to include a cover letter explaining that the I-130 petition is being submitted with the intention of applying for a K3 visa.
          10.3)...When starting the K3/K4 process, must I submit an I-130 for our children when I submit the I-130 for my spouse?
          A..It is not required to send an I-130 petition for the children when you first submit the I-130 for your spouse as part of the K3/K4 process. However, it is highly advisable to do so, in order to avoid complications and delays during the Adjustment of Status process. The children will not be able to complete the Adjustment of Status without an I-130 petition being approved.
          Keep in mind also that you might opt for Consular processing of the immigrant visa. If separate I-130 petitions have not been submitted on behalf of the children, this option is not available to them.
          10.4)...Where do I send the I-130 petition when used as part of the K3/K4 process?
          A..The completed I-130 package is sent to the USCIS (INS) Service Center in which district the U.S. Citizen resides. Make a complete copy of the entire petition package, even retaining extra original photos. Go to the Post Office in person and send it "return receipt".
          10.5)...What notification will I receive from USCIS (INS) that my I-130 petition has been filed?
          A..The Citizen will receive an I-797 "Notice of Action" from the USCIS (INS). This can be up to a couple weeks after you mail it. The notice will say how long it usually takes to process the applications and give you a "receipt number" by which you can obtain "case status information" direct from the "automated system". The telephone number will be provided on the form.

          Section 11.0...The I-129F Petition (for K3/K4)

          Note: You can also read Section 3.0, because Section 11.0 only concentrates on the "differences" for the I-129F when filed for the K3/K4, as opposed to the K1/K2.
          11.1)...The I-129F is a Fiance(e) petition!!! Why is it used for my spouse and children?
          A..The USCIS (INS) knows that the I-129F is normally used for the fiance(e) visa, however, rather than delaying implementation of the K3/K4 process by developing a new form, the USCIS (INS) decided to use the I-129F for the K3/K4 until some date in the future when a new form is developed.
          11.2)...How do I prepare the I-129F package for the K3/K4 and what documents do I need?
          A..Your package must contain everything you sent for the a copy of the I-797 Notice of Action you received after filing the I-130.
          Note: Even though the I-129F instructions for the K3 seem to indicate you do not have to supply divorce or death decrees to support your position that you were free to marry, some RFE's are being sent out to request this information, therefore these pieces of evidence should be included with the I-129F when being used for the K3 (This information was passed along in September, 2002 by an attorney who posts in the newsgroup, after he toured the Missouri Service Center, and asked about this issue specifically, as a favor to the newsgroup).
          You also need to begin preparing an I-134 Affidavit of Support. The I-134 Affidavit of Support will be filled out by the US Citizen and sent to the spouse for the K3 interview. It is not required to be sent to the Service Center with the I-129F. Some Consulates require extra information to be included with the Affidavit, some may not even require the Affidavit itself, but still require the supporting documentation, so you need to hang onto it until you have learned whether or not there are additional requirements. These will be listed on the OF-167 "financial support" document the spouse receives from the Consulate.
          11.3)...What must I do to fill out the I-129F correctly for my spouse?
          A..The USCIS (INS) states merely to omit section (B)(18) and (B)(19) by entering N/A. Otherwise, wherever it says "fiance(e)" on the form, consider it to mean "spouse".
          On question 20, you must indicate that your spouse will apply for the K3/K4 visa in the country in which you were married. If you were married in the United States, this answer should indicate the country where your spouse has residence. If the United States does not have a Consulate in the country where the marriage took place or where the spouse has residence, the USCIS (INS) will send the visa information to the Consulate that normally handles visa applications for that country. If you wish to apply for the K3/K4 visa at a U.S. Consulate other than in the country where you were married or where the spouse has residence, you must contact the Consulate and ask them if they will process the application for the K3/K4. There is no guarantee that the requested Consulate will agree to your request. The requirement for processing in the country of marriage or residence is written into the LIFE Act, and the processes for gaining exception to the requirements of the law must evolve over time.
          11.4)...Do I list our children on the I-129F petition as well?
          A..All children under 21 should be listed on the I-129F petition, whether or not they are going to move to the United States. Whether your children actually require a K4 to move to the United States depends on certain factors. If you have unmarried children under 21 that have no claim to U.S. Citizenship, they can apply for the K4 visa. This will usually mean those children who are the U.S. Citizens step-children, or children born into the marriage prior to the U.S. Citizen becoming naturalized as a U.S. Citizen.
          11.5)...Where do I send the I-129F petition when used for the K3/K4?
          A..USCIS (INS) instructions on the I-129F state applications for K-3/K-4 status should be sent to a Service Center In Chicago. This Service Center is partially dedicated to the processing of I-129F petitions used for the K3/K4 visa.
          11.6)...What notification will I receive from USCIS (INS) that my I-129F petition has been filed, and then approved?
          A..The Citizen will receive an initial I-797 "Notice of Action" from the USCIS (INS), and again, this can be several weeks after you mail it. The notice will say how long it usually takes to process the applications and give you a "receipt number" by which you can obtain "case status information" direct from the "automated system". The telephone number will be provided on the form. The actual approval notice itself will be yet another I-797, which will list the name of the beneficiary (the spouse), but not the children, even though they were included on the I-129F petition.

          Section 12.0...The K3/K4 Application (at the Consulate)

          Note: You can also read Section 4.0, because Section 12.0 only concentrates on the "differences" between visa application processes when filed for the K3/K4, as opposed to the K1/K2.
          12.1)...How will the Consulate be notified of my approved I-129F Petition for the K3/K4?
          A..This will be the same procedure as is in place for the various Consulates already. Some will get the information via "diplomatic pouch" and others in more modern ways.
          12.2)...What kind of paperwork will the Consulate send to my spouse?
          A...Since the paperwork for K3/K4 is nearly the same as for K1/K2, please refer to Item 4.3
          12.3)...What does the fiance(e) do with all these papers?
          A..The process in most cases should be similar to what is described in question 4.3.1, but there are two reports in the newsgroup regarding the Vancouver and Montreal Consulates that are quite different. Both these Consulates indicate they will issue the visas by mail with no interview required, unless they feel the need to have an interview.
          This alternate process is described as follows (taken from a newsgroup posting regarding Vancouver):

          Packet 3 received from Vancouver Consulate November 9

          The Consulate sent it without a call so I'm guessing that the NVC did indeed
          email the approval to the Consulate, just like the regulations say.

          There's not much to the Packet 3:

          - 2 page instruction sheet
          - 2 copies of form DS-230 Part 1 for Biographic Date for Visa Purposes. This
          needs to be filled out and returned ASAP. Note: We are applying for a K3 and
          three K4's and they did NOT send enough paperwork for all of us. So I either
          have to request more forms or photocopy the ones I have (which are
          photocopies anyway).
          - 2 copies of DS-156 (again, will need more I think)
          - List of doctors in Canada for the medical
          - Special instructions if you have lived in Bermuda, Fiji, Korea,
          Netherlands, New Zealand, or Sierre Leone for more than one year since the
          age of 16

          According to the Instruction sheet,

          STEP ONE:

          We fill out and return Form DS-230 Part 1 ASAP.

          STEP TWO:

          We go through the checklist. They require the following:

          - Passport valid for 6 months beyond issuance of visa
          - Medical examination, arranged by you
          - Birth certificates, long form
          - Marriage Certificate
          - Divorce and/or Death Certificates. This one is going to hold us up as we
          have our divorce certificates BUT we do not have the marriage certificates
          for our previous marriages. Our interpretation of the instructions is that
          they do require those too.
          - Police Certificates. I need a consult with the Consulate on this one as we
          have no local detachment of the RCMP. The Instructions very specifically
          refer to RCMP. Our local police department does do immigration police
          checks. Had a brief chat with the nearest RCMP and they told me to go to my
          local police. But the Instructions say RCMP. I HATE bureaucrats!
          - Court and Prison Records (wouldn't that be covered in your police
          thingy??? Not that this applies to me but it seems like it's doubling up the
          - Military Records
          - Photographs. They require 5 identical - NOT the old ADIT style. Three of them go
          to the doctor at your medical exam.
          - Documents for accompanying children (all of the above except for police
          certificates if under the age of 16)
          - Translations
          - Fee $45 USD for EACH visa in the form of postal money order or a certified
          check payable to the US Treasury. Personal checks or cash NOT accepted.

          STEP THREE:

          As soon as Step One and Two are completed, sign the instruction sheet and
          return it by mail along with all the applicable documents (excluding your
          X-rays but including the medical report) listed AND a prepaid, self addressed
          National Xpresspost pack purchased from Canada Post. This will be used to
          return your visa to you. It must be marked "Signature Required Option"

          It also states that they will notify you later if it is determined that you
          must make a personal appearance at the Consulate to apply for your visa.

          And a report from a successful visa applicant through Montreal
          My wife received her K3 Visa yesterday!

          Here's our time line:

          08-23-2001: Mailed I-129 to Chicago
          08-30-2001: Received 1st NOA
          10-10-2001: Received 2nd NOA
          11-09-2001: Received Packet 3 from Montreal Consulate
          11-20-2001: Got the medical done
          11-22-2001: Picked up medical results and sent the following to the

          1. OF-169 Checklist
          2. OF-230 Part I - application for immigrant visa and registration
          3. OF-156 Non-Immigrant visa application form
          4. I-134 Affidavit of Support form (Notarized)
          5. Job letter, 2 check stubs, tax returns for past 3 years
          6. Wife's passport
          7. Wife's birth certificate (Long form) - not the wallet sized one!
          8. My birth certificate - wasn't required, sent it anyway, just in case
          9. RCMP police certificate
          10. Marriage certificate
          11. Two passport-style photos
          12. Money order for $45 USD payable to U.S. Treasury - We got ours
          from the U.S. Postal Service
          13. Prepaid, self addressed National Xpresspost pack purchased from
          Canada Post. This will be used to return your visa to you. It must be
          marked "Signature Required Option"
          14. Medical exam papers

          11-28-2001: Received K3 Visa which is laminated onto the passport and
          the originals (Marriage cert. etc..)

          They stated that they will notify you later if it is determined that
          you must make a personal appearance at the Consulate to apply for your visa.
          But fortunately no interview was needed

          Here is the short version of the first K3 interview in London, early December, 2001
          After all this time got the K3.
          Have to say the london consulate folk were very helpful.
          I was expecting an interrogation and did not even have an interview, just
          show us your marriage, police certificate etc


          Section 13.0...Entering the United States with the K3/K4 Visa

          Note: You should also read Section 5.0, because Section 13.0 only concentrates on the "differences" the K4/K4 and the K1/K2.
          The actual entry procedures will be nearly identical for the K3/K4 as with a K1/K2. Like the K1/K2, you will be entering the U.S. on a visa, and you need to fill out the "white" form, with the I-94 arrival-departure card attached. You will need to make sure you have plenty of time if you making a connecting flight.
          13.1)...I am coming in on a K3. What happens when we get off the plane?
          A..You will queue up with all the others going through Immigration. You might be directed to a waiting area until the other passengers are gone. Your sealed envelope will be opened, your passport will be stamped, you will have the I-94 arrival-departure card put in it. The officer may ask a few questions, and may say "Welcome to the United States". You leave the Immigration area, you will go to the baggage area to get your stuff, and then proceed through Customs.
          Although your actual processing may not take long, if you must make a connecting flight then you better allow plenty of time, maybe as long as 3 or 4 hours at a major airport where the queues may be long, and the distance between terminals even longer.
          If you are flying in from Canada, the Immigration/Customs procedure will occur before you get on the plane in Canada. If you are driving into the United States, the procedure will occur at the border crossing.
          13.2)...How long is my K3/K4 status good for?
          A..Your status as a K3 is good for two years after entry into the United States. Your status will end sooner if your marriage ends, or if you are adjusted to Permanent Resident. A K4 status is good for two years, unless they turn 21, get married, or when their K3 parent becomes adjusted to Permanent Resident.
          13.3)...Do I have work authorization based on my K3 status, before applying for Adjustment of Status?
          A..Yes. A K3/K4 is authorized to work based on their status, same as a K1/K2. There is a difference in actually *obtaining* the work authorization document, based on being a K3/K4. The only specific method outlined by USCIS (INS) thus far is to fill out the I-765 request for work authorization application and send it, with the fee, to the Chicago address used for the K3/K4 I-129F petition. You will apply as category (a)(9), K3 non-immigrant spouse. You will need to wait until you actually receive the EAD before legally obtaining employment. And you will also need a Social Security number. These this Guide for more information.
          The Vancouver Consulate was sending a letter (May 2002) with the K3 visas stating that the K3 would get a 2 year "work authorization" at the POE. We shall await further reports to see what develops.
          In mid January, 2002, we had this newsgroup report about a K3 EAD process...
          okay so we applied via chicago for an EAD via chicago.
          The good news is we got an NOA back in less than a week.
          Called up the (support) center for a fingerprint appointment
          and got one the next day.
          so the next day i walked into the USCIS (INS) support center at
          oakland, ca and was shown into a room where they took my
          fingerprint, photo and signature.
          Now it goes for an fbi check and i get authorization etc
          The same poster followed up in early March 2002 with this report...
          We were fingerprinted for the EAD on 12th january.
          We received authorization yesterday and told in an automated message
          that the card would turn up in 30-90 days.
          Note when a k3 files for an EAD you send the form to chicago.
          All your notices have a number starting with MSC....
          You can get status via an automated system by calling +1 816 478 2619
          Note it only took chicago two weeks to respond from receipt of original EAD application

          This sounds like the K3 will get a Notice of Action with instructions to go to a local USCIS (INS) Application Support Center for actual EAD card processing, with the card being sent in the mail after an FBI check. The "FBI check" part sounds odd, because the poster did not say he had a full set of fingerprints taken.
          All this is completely different than the methods a K1/K2 uses to obtain their initial 90 day EAD based on K1/K2 status, usually involving a visit to a local USCIS (INS) office, where they may obtain their 90 day EAD immediately, usually free of charge.
          You only other option for getting an EAD is by applying for work authorization when applying for Adjustment of Status. Many local offices will allow filing the AOS package in person, and an EAD can be issued the same day. If you apply for an EAD when submitting the I-485 Adjustment of Status Application, you will apply for the EAD as category (c)(9), "adjustment applicant". Please note..fingerprints, photos, and signature cards are no longer required to be submitted with the I-765 application.
          13.4)...(newsgroup)..Does anybody know the requirements are on obtaining a social security number with a k3 visa? I tried to get one for my wife and the Social Security Administration told me she needs to get authorization to work first. I've heard stories that k type visa aren't required to get authorization to work??
          A..It is very possible that the Social Security Administration will amend their procedures and allow a K3 to obtain a SSN by simply showing proof of their status as a K3, similar to what the SSA does for the K1. Until the SSA indicates by word or action that this is what they will do, the K3/K4 will need to obtain an EAD prior to obtaining a SSN. Please read the SSN Guide for specific information on how to get a SSN for a K3/4 visa holder.
          13.5)...My child did not move with me to the United States, but now he wants to move here. He was listed on the I-129F petition. Can he still get a K4 visa?
          A..There is nothing in the information thus far provided by USCIS (INS) or the State Department regarding this. It seems logical that a young person may apply for the K4 visa up till one year after the K3 is admitted to the US, same as the K1/K2. However, logic may not prevail in the face of real life. Once the K3 has adjusted to Permanent Resident, they no longer have K3 status, and since the K4 is a "derivative beneficiary" of the K3, the young person would no longer be eligible for a K4 visa. Since AOS can happen very quickly at some local offices, one should assume at this time that no opportunity will be available to apply for a K4 visa after the issuance of the K3. Those K3 folks with potentially eligible children "remaining behind" may want to carefully consider the timing of their AOS application.
          13.6)...I just arrived in the United States as a K3, but if I have an emergency and need to return to my home country, can I return to the United States with no problems using my K3 visa?
          A..Yes. A K3/K4 is a multiple entry visa, and you may leave the United States and return using the same visa, even if you have applied for Adjustment of Status. Unlike a K1/K2, the K3/K4 does not need to obtain an "advance parole" document to reenter the United States, and applying for Adjustment of Status does not terminate the K3/K4 status.

          Section 14.0...Adjustment of Status from K3/K4

          Note: You can also read Section 6.0, because Section 14.0 only contains specific K3/K4 information, whereas Section 6.0 has much more in the way of general AOS info as well.
          14.1)...How soon after we arrive in the U.S. should we apply for Adjustment of Status?
          A..For most people, this will be "as soon as possible". The USCIS (INS) has made an assumption that nearly all K3/K4 folks will want to apply for AOS, even though a few will still choose to apply for an immigrant visa at a Consulate outside the United States.
          14.2)...Since my K3 status is good for two years, why am I obligated to apply for Adjustment of Status as soon as possible?
          A..The USCIS (INS) is looking for a good faith effort on the part of the K3 to obtain residency in the United States. After all, the K3/K4 visas were created in order to allow families to be united. If the K3 makes no effort to obtain residency, the USCIS (INS) is going to assume the K3 has no genuine interest in being united as a family.
          The USCIS (INS) has put a two big roadblocks in the way of a spouse who enters the United States on a K3 visa, but who makes no attempt to apply for permanent residency. The USCIS (INS) will deny renewal of work authorizations, and they will deny applications to extend status of the K3/K4.
          14.3)..When we file for adjustment of status, what do we need to do about the child's K4 status? Are we required to file the adjustment for the K4 and pay the fees for each application?
          A..Yes, you are. The AOS packages may be submitted together, but they each must contain their own sets of documentation, including a notarized I-864. If the K4 has never had an I-130 filed on their behalf, this must be done now, submitted along with the AOS package.
          Go to item 6.1.1 for information regarding "age outs" of K4s who are near the age of 21.
          14.4)...How do I file for Adjustment of Status from a K3 and what forms do I need?
          A..The process is similar to adjusting status from other types of visas. The best way to obtain the forms is to order them from USCIS (INS) or obtaining them from your local office, but you can also download from the USCIS (INS) website. Here is basically what you will need:
          · I-485 Application To Register Permanent Residence or Adjust Status
          · I-864 Affidavit of Support
          · G-325A Biographic Information
          · IRS Form 9003 - (No longer required per INS Memo of Sept 21, 2001)
          · WR-702, WR-703 or I-468 - Data Collection for Alien Documentation, Identification & Telecommunications System (ADIT). (If you don't get one of these forms in your package, don't worry about it. These are "office specific" forms which may not be used at your local office)
          · A copy of form I-94, Nonimmigrant Arrival Departure Record (this was put in your passport when you arrived)
          · A copy of the marriage certificate
          · A copy of your birth certificate. (bring an extra when you move, or two or three if you can). You need a translated copy if it is not in English.
          · If your I-130 petition has not been approved, send a copy of the I-130 petition. You probably should send a copy of the I-797 Notice of Action showing the I-130 was filed, because that is the proof of filing. If the I-130 has been approved, send a copy of the I-797 showing the I-130 was approved.
          · A copy of the I-797 showing approval of the I-129F petition.
          · 2 photos (see note) like you have done before.

          If you have not applied for work authorization until this point, you can also submit the I-765 Application for Employment Authorization. You will apply as category (c)(9), "adjustment applicant". Please note..fingerprints, photos, and signature cards are no longer required to be submitted with the I-765 application.
          14.5)...Will I need to apply for Advance Parole in order to leave and then reenter the United States?
          A..Not as a K3/K4. You will need Advance Parole to reenter the United States at any time after your status as K3/K4 has ended, but before obtaining Permanent Residency.
          14.6)...Does the K3 status change after applying for Adjustment of Status?
          A...The K3/K4 status does not change *because* an AOS application has been filed. The K3/K4 status expires on its own, generally after two years. However, after the K3/K4 status has expired, but prior to gaining approval for permanent residency, the status will be a "period of stay authorized by the Attorney General", based on being an Adjustment Applicant who is awaiting a decision regarding an adjustment of status application.
          14.7)...What if my EAD expires before my application for Adjustment of Status is approved?
          A..Apply for a new EAD, through the local office where your AOS was filed. Make sure you apply well in advance, since processing may take several weeks or months.
          If you have never applied for Adjustment of Status, then you will be required to show that your initial I-130 petition is still awaiting approval, or, if the I-130 was approved, that you have applied for an immigrant visa at a U.S. Consulate.
          14.8)...My status as K3 is about to expire, and I am still waiting approval of AOS. Is there anything I can do to keep my status?
          A..Yes, you can apply for an extension of status with the USCIS (INS). This will enable you to leave the United States and return without needing Advance Parole. It is probably a good idea to extend the K3/K4 status if you plan on being outside the country.
          As with renewal of EADs, your application for extension of status as K3/K4 will not be approved if you have never applied for Adjustment of Status, unless you show that your initial I-130 petition is still awaiting approval, or, if the I-130 was approved, that you have applied for an immigrant visa at a U.S. Consulate.
          14.9)...What is the status of a K3 after approval of Adjustment of Status?
          A..If Adjustment of Status is approved after the marriage is two years old, then the K3 (and K4) will become Permanent Residents. If the marriage is less than two years old when AOS approval is obtained, the K3/K4 will be Conditional Permanent Residents. For more information on Conditional Permanent Residence, and the subsequent application for Lifting of Conditions on Conditional Status, see Section 7.0.

          visit these 2 links ... good luck...Pasha


          Sorry, you are not authorized to view this page

          Home Page

          Immigration Daily


          Processing times

          Immigration forms

          Discussion board



          Twitter feed

          Immigrant Nation


          CLE Workshops

          Immigration books

          Advertise on ILW



          About ILW.COM

          Connect to us



          Immigration Daily