AOS or Consular Processing??- what to do next?

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kamal_sabina

New Member
Hello everybody :) ,
I am K-3 visa alien of USC spouse in US from 2 months, completed all I-130 requirements and very soon on arrival I recd. letter from USCIS that my document (for I-130) sent to respective consulate mentioning preference category as CR-1, So i didnt filed my AOS being here in US thinking i will go back and apply there for IV instead of applying AOS and waiting long here long :mad: .

Applied EAD (a9 category) is pending for fingerprint which seems will take more time bet. 60-180 days as mentioned in I-797C. got offers but not getting into it without EAD/SSN :( .

Whether i should have to apply for AOS being here or i can stay some more time wait for EAD/ till K-3 validity OR Best is to go to consulate and apply there which will help me avoiding post immigration process. Is visit as K-3 affect in IV process. What will be time span?? Please help. :confused: "
 
kamal_sabina said:
Hello everybody :) ,
I am K-3 visa alien of USC spouse in US from 2 months, completed all I-130 requirements and very soon on arrival I recd. letter from USCIS that my document (for I-130) sent to respective consulate mentioning preference category as CR-1, So i didnt filed my AOS being here in US thinking i will go back and apply there for IV instead of applying AOS and waiting long here long :mad: .

Applied EAD (a9 category) is pending for fingerprint which seems will take more time bet. 60-180 days as mentioned in I-797C. got offers but not getting into it without EAD/SSN :( .

Whether i should have to apply for AOS being here or i can stay some more time wait for EAD/ till K-3 validity OR Best is to go to consulate and apply there which will help me avoiding post immigration process. Is visit as K-3 affect in IV process. What will be time span?? Please help. :confused: "
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K-3 is a non-immigrant visa and would allow you to stay here only for two years and you need to keep extending your visa every 2 years.
Since you are already in the US, you should have applied for I-485 and be safe from the 2 year K-3 limitation.
I dont think you can opt for consular processing now since you already took the K-3 route. You can however opt to apply for an immigrant visa instead of adjustment of status and may wait in the United States until the I-130 immigrant visa interview.
Whichever route you choose, there is a wait involved.

My advice to you would be to start the I-485 process as soon as possible as being on the K-3 will NOT get you the immigrant status.
 
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