I130/K3 issues

N

novice1303

New Member
hi everyone.. im just new at this forum and I was hoping i could get answers on some of my questions regarding my situation.

My wife (who was then a PR) filed for I-130 last March 2002. We already got a Notice of Receipt for the I130.

Then, she took her oath of citizenship last July 2003.

My questions are:
1) Should we file another I-130 since she is already a US citizen before filing for K3 visa?

2) Or can we file K3 visa already and use the NOA for the original I130 application? I heard that the BCIS can re-classify the original I-130 from spouse of permanent resident to spouse of US citizen.

3) If ever we can already file K3, how long does it usually take for me to get the k3 visa?

4) I also have B1/b2 multiple entry visa.. Can i go to the United States (Im a Canadian PR) and go for Adjustment Of Status?

Thank you very much.... Appreciate all the help I can get.
 
k-3 STEP BY STEP DETAILS IF MARRIED TO A CITIZEN

Iam an Indian got married to USC in India-- Feb2002.

My spouse filed I-130 and I 129F in USA

I-130 filed and obtained receipt notice in the month of MARCH 2002

Filed 129F in the month of MAY 2002 and got approved in the MONTH OF NOV 2002.

The U.S. consulate informed me to attend for the interview in the last week of JAN 2003.

THIS VIVIDLY SHOWS THAT FOR OBTAINING A K-3 VISA IT TAKES
1 YEAR (IN MY CASE ITS 1 YEAR)

I appeared fpr the interview with all documents such as,
--- Marriage certificate,Marriage pictures, Date of birth
certificate,affidavit of support which my wife sent
me,and PC.
Finally i got my k-3 visa stamped for 2 years.i,e;2003--2005.

I joined my wife in April 2003 and i applied for EAD which i got
in 90 working days.
Ialso applied for I-485 in the month of AUG 2003 and got receipt
notice in the MONTH OF OCT 2003 also i gave my BIOMETRIC FINGER PRINTS IN THE MONTH OF NOV 2003.

I think this info would help to all my friends.

Now iam perplexed how to remove my conditional residency?

whether i must remove it before 90 days of my 2nd Anniversary to be celebrated in the MONTH OF FEB 2004 or i should take my 2 year visa stamped into consideration and apply in the year 2005 DEC as my k-3 expires in the MONTH OF MARCH 2005.

My advance personal thanks for the clarification.
 
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