biggish data

Is it necessary to Adjust Status when in the US on a K-3?

No problem, amarceau! I'm here for a least an hour a day looking for answers to my questions, and I too hesitate to post a new topic. And even *if* someone has asked it before, sometimes the answer given is difficult to understand, or you *know* that it's wrong and no one wise has come along to correct them.

aussiewench -- Thanks also for being so clear about the options. I enjoy all your posts as they're always clear, concise and to the point! Cheers!

EmilyRugBurn

Female

2006-08-15 13:02:00

Is it necessary to Adjust Status when in the US on a K-3?

Thank you, aussiewench! You have made my day! It's one *less* thing I have to worry about.

amarceau -- I hope this helps you out as well.

Good luck, everyone!

EmilyRugBurn

Female

2006-08-15 12:52:00

Is it necessary to Adjust Status when in the US on a K-3?

Like most of my inquiries, I think I understand, but I just wanna make sure. Thanks for any advice!

Q: So -- If/When I enter the US on a K-3, do I have to Adjust My Status? Or can I just wait and go back to Canada for the IR-1 interview? (My 2nd wedding anniversary is in 7 weeks, so I will be eligible for the IR-1 by then.)

If I don't adjust status, other than not being able to work (ie. not being able to apply for an EAD or SSN), which, for us, won't pose a problem, are there any other restrictions? Is this the only reason people Adjust Status after they enter the US on a K-3 - so they can work?

It seems to me that if I don't have to work, to avoid more paperwork (and expense), I can just wait for the IR-1 interview back in Canada...

If anyone can shed some light on this, I would certainly appreciate it.

Thanks again VJers!

~ Em

EmilyRugBurn

Female

2006-08-15 12:35:00

simple_male,

I'm curious to learn your logic for giving different explanations for why the G-325As are being submitted when both G-325As are going with the same petition.

Yodrak

Answering for simple_male here `cause I think I see his logic -- Since two G-325A Biographic Info forms are being submitted (one for the petitioner and one for the beneficiary), it would sort of make sense that each are being submitted for different things (albeit, they are also submitted in connenction with the same petition form). In other words, the petitioner is submitting theirs in connnection with an I-130 petition for their Alien Relative, and the beneificiary is submitting theirs (ultimately), in regards to their status as a permananet resident.

But, since the petitioner is the one submitting both theirs and the beneficiaries forms, I see it the other way, too, meaning both forms are being submitted in connection with an I-130 Petition for an Alien Relative, so perhaps, to avoid confusion, that is what both G-325As should say...

Man - they don't make this easy, do they. They leave it open to way too many interpretations.

EmilyRugBurn

Female

2006-08-02 11:03:00

Ahhh, that makes TOTAL sense. Thanks again, simple_male!

Cheers!

EmilyRugBurn

Female

2006-08-02 10:39:00

I see this question was asked in another (current) thread -- sorry about that. I'm usually good about checking these things.

My apologies.

And thanks for responding, Christine.

EmilyRugBurn

Female

2006-08-02 10:34:00

Where is says: "This form is submitted in connection with:"

Do I check "Other" and specify: "I-130 Petition for Alien Relative"

Or do I just check "Status as Permanent Resident", since, that is, in fact, the ultimate goal...

I checked the example forms, but there isn't a G-325-A example given for what you send in with the I-130.

Thanks again. I don't know what I would do without this site.

~ Em

EmilyRugBurn

Female

2006-08-02 10:25:00

Where K3 stands

Please update my status on this chart:

03/19/07 - K-3 interview in Montreal -- Approved

Thank you!

EmilyRugBurn

Female

2007-03-28 07:49:00

Where K3 stands

Hi Everyone,

I haven't been around for a while, but I thought I'd post here to let you know that today, I received an e-mail confirmation of approval the (new) I-129F form (I guess that's considered an NOA2).

From the day they received it to the day they say it was approved (see my timeline below), it was a total of 6 weeks + 1 day.

My fingers are crossed for those who are still waiting.

Cheers,
Em

EmilyRugBurn

Female

2006-10-10 14:49:00

so I have to put NO since im a K-1 ? And I thought they meant that my fiance filed the I-129f on my behalf...oh well..IM gonna redo it for the 3rd time. I thought it was "NO" for people applying for themwelves for visitors visa and things like that and "YES" to petitions like K-1, K-3, because it involves someone else filling a petition for you.

Thank you for the "clarification".....even though I feel im more mixed up than I used to .... haha

Mephys

Mephys -- Have a look at Post #12 in this topic.

K-1 filers answer "NO" to question #36 because no one has filed an I-130 on the petitioners behalf. It is "YES" for K-3 filers because in order to be eligible for a K-3, the USC must have filed an I-130 on their behalf.

Sorry if I wasn't clear before. Hope this helps!

EmilyRugBurn

Female

2007-03-26 13:28:00

Finally, a definitive answer to Question #36 on the DS-156 for K-3 applicants interviewing in Montreal!

I asked the kind woman at window #9 at the consulate, and she told me the answer is "YES" (since, your spouse did indeed file an I-130 for you). Yes, it's redundant (since s/he would've had to file an I-130 for you to even be eligible for a K-3), but we are to answer "YES" nonetheless.

~ Em

EmilyRugBurn

Female

2007-03-26 12:05:00

There are soooo many things in this process that are redundant!

Ain't that the truth!!

It's like we're having to answer to the "Department of Redundancy Department", fer heck sakes!

EmilyRugBurn

Female

2007-03-14 15:34:00

But those who answered "no" were K1 applicants and K1 applicants don't file an "immigrant visa petition" whereas K3s do with the initial I-130. I'm still going to leave in "yes" in mine since there was an I-130 filed on my behalf and I'm taking the question at face value.

Yes, excellent point. This makes sense for K-3 applicants. I will answer "yes" as well, since, yes, an I-130 has been filed on my behalf. Although, one would have to have been filed in order to even be eligible for a K-3 -- so not only is that question unclear, but it is also redundant.

EmilyRugBurn

Female

2007-03-14 15:12:00

Straight from the consulate:

The answer to the Question #36 on the DS156 for first time filers is No and in the space available add the petitioners name with a note stating First petition filed.

Ah ha! Thanks so much for finding this!

Okay, so it's "no" for first time filers. But there isn't enough space (since these forms are now required to be filled out electronically) to add the petitioners name and a note stating it's the 1st petition filed. Doh!

EmilyRugBurn

Female

2007-03-14 14:50:00

Oh well, I answered no so I should be hearing back from them.
As for the pictures, I called last week and was told that I could do it or they could my choice, so what I did was mail them in a photo folder with the packet.

Ron

Hi Ron,

So you sent your photos and the DS-156 to Montreal (with your checklist and DS-230 Part 1)?

It's my understanding that we are to bring the 2 photos and the DS-156 (and DS-230 Part 2, etc...) with us to the interview in MTL.

Colour me confused!

EmilyRugBurn

Female

2007-03-14 14:17:00

Ha! I just put "husband" because his name by itself wouldn't fit!

Hmm, you make a good point. Perhaps there is only a small amount of space to answer that question because they only want a short answer, like "spouse", "parent", "sibling", etc...?

Ech, who knows?! :wacko:

EmilyRugBurn

Female

2007-03-14 14:04:00

I answered "yes" and answered "husband" since my husband did file a I-130 for me.

Thanks, misa! I put my husband's name instead of just "husband" (I tried to put both "husband" and his name but it wouldn't fit.) Jeez Louise, I just hate it when the wording of (important!) questions is left to an individual's interpretation.

What I might do is bring two DS-156s with me; one where I've answered "no" to question #36 and one where I've answered "yes". Then I can just ask someone at the consulate to clarify the meaning of that question and give s/he the correct form depending on the answer. Since the question is unclear, I'm sure they get both responses (so I'm sure both are acceptable), but it wouldn't hurt to bring both versions, I guess.

EmilyRugBurn

Female

2007-03-14 13:58:00