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Switching from Consular Processing to AOS

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  • Switching from Consular Processing to AOS

    Hello all,

    My husband is a U.S. citizen and we recently began our immigration process in Nov 2014.

    We had opted for the K3 visa option and have filed our I-130 and I-129F. However at this point due to some changes, we would like to switch to AOS.

    I've read that in order to do this, all we have to do is submit the I-485 (Adjustment of Status form) along with whatever forms and documents needed to support it.

    My question is, do I have to wait for the I-130 to be approved before I go the U.S. and make the switch?

    Thanks in advance for the help!

  • #2
    Y(ou can submit your I-485 package with a copy of the Receipt Notice of Action for the I-130. There is a possibility that you will not be allowed to enter the U.S. if you discuss your marriage or pending I-130 status.

    The K3 I-129F was a waste of paper. It is not routinely supported by USCIS anymore.

    --Ray B

    Originally posted by nameless.cat View Post
    Hello all,

    My husband is a U.S. citizen and we recently began our immigration process in Nov 2014.

    We had opted for the K3 visa option and have filed our I-130 and I-129F. However at this point due to some changes, we would like to switch to AOS.

    I've read that in order to do this, all we have to do is submit the I-485 (Adjustment of Status form) along with whatever forms and documents needed to support it.

    My question is, do I have to wait for the I-130 to be approved before I go the U.S. and make the switch?

    Thanks in advance for the help!

    Comment


    • #3
      Switching from Consular Processing to AOS

      Thanks Rayb, much appreciated.

      Just to clarify, I should not discuss my marriage or my pending I-130 with the immgration officer at POE right?

      Would it be better for me to wait till the I-130 is approved? In our NOA1, it was stated that our petition was received on Nov 7, 2014. Based on the current processing times can I assume that we would receive our NOA2 some time in April?

      Thank you!

      Comment


      • #4
        Nameless,

        Don't volunteer anything about marriage or existing I-130. But don't lie in response to a direct question. Officers at Ports of Entry routinely go through purses of entering ladies and start calling phone numbers they find when they suspect a marital status that was denied by the entrant. After that, "lying to a Federal Officer" swiftly escalates the problem.

        A petition approval is only a prelude to an equally-long processing period at the National Visa Center.

        --Ray B

        Originally posted by nameless.cat View Post
        Thanks Rayb, much appreciated.

        Just to clarify, I should not discuss my marriage or my pending I-130 with the immgration officer at POE right?

        Would it be better for me to wait till the I-130 is approved? In our NOA1, it was stated that our petition was received on Nov 7, 2014. Based on the current processing times can I assume that we would receive our NOA2 some time in April?

        Thank you!

        Comment

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