Laksh

Hi, I have a very hard time understanding a couple of things that
contradict each other regarding the Application to Extend/Change
Non-immigrant status. Below I am describing the different dates and
the questions I have.

Dates of K-3 actions:

- Married outside the US on January 2002
- Filed for I-130 in February 2002
- INS sent notice of action for I-130 received on February 15, 2002
- Got K-3 visa on September 19, 2002 valid for 2 years
- K-3 Visa expires in September 19 2004
- I-130 waiting approval time from 990 to 999 days. According to
that, the I-130 would be approved roughly on November 2004.


My questions are:

- How to extend my time of legal stay in the US if my 1-130 is still
not approved by the time my K-3 visa expires?

Note: The I-130 approval process takes almost 3 years and my visa is
valid for only 2 years. I've read of two approaches in the INS
information/documents.

1. The first approach is that I would need to file an I-539
(Application to Extend/Change Non-immigrant status).

But to do this, what do I need to prove?

Would I need to prove, that I'm awaiting approval of the I-130?

And/Or do I have to ALSO prove that my I-485 (Adjustment of Status)
has been filed?

Where would I need to file the I-539?

2. The second approach is that I file form I-485 (Adjustment of
Status).

But, to do this, I've read online, that I need an APPROVED I-130. If
that's the case, then will the I-485 get rejected? (At which point,
I'll have 30 days to leave the country).

Is it possible to get an I-485 approved without submitting the
approved I-130?

Also, where would I need to file the I-485? Is it the local INS
office? or Chicago?

- Which of the two approaches is recommendable? Any experiences from
other
K-3 filers on which approach was used?


- Another question: The last time that I entered the country, the
Immigration Officer at the airport wrote Class Until (valid time of
staying) November 2005 but my visa expires September 2004 and I wonder
if he just made a mistake or if this is some kind of authorization to
stay longer?

Thanks in advance for your responses I'll appreciate them a lot.


L.

Jozef

"Laksh" <> wrote in message
news:...
    > - How to extend my time of legal stay in the US if my 1-130 is still
    > not approved by the time my K-3 visa expires?

You are legal from the moment your I-485 is filed.

    > 2. The second approach is that I file form I-485 (Adjustment of
    > Status).
    > But, to do this, I've read online, that I need an APPROVED I-130.

No. You need a pending immigrant petition in a category for which a visa is
immediately available. An I-130 spousal petition for example. This is called
concurrent processing and was introduced in 2001.

    > Is it possible to get an I-485 approved without submitting the
    > approved I-130?

When filing the I-485 application you should include a copy of the receipt
notice of your pending I-130 petition.

    > Also, where would I need to file the I-485? Is it the local INS
    > office? or Chicago?

The I-485 should be filed with the office where the I-130 is pending.

    > Any experiences from
    > other K-3 filers on which approach was used?

You might consider frequenting the alt.visa.us.marriage-based forum.

    > - Another question: The last time that I entered the country, the
    > Immigration Officer at the airport wrote Class Until (valid time of
    > staying) November 2005 but my visa expires September 2004 and I wonder
    > if he just made a mistake or if this is some kind of authorization to
    > stay longer?

He probably thought a year was more than enough time for you to file the
I-130 and accompanying I-485! :)