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

[EmilyRugBurn 0]

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

[amarceau 0]

I have the exact same question.... looking forward to replies

[aussiewench 9]

Not everyone would be in a finacial or personal positition to go back to interview for the CR/IR-1. Also, from reading many posts, not everyone is aware of the option to return for CR/IR-1 interview.

When one enters on a K-3 they have a choice as to which path they wish to follow in order to attain immigrant status. One can adjust status in the US which can take up to a couple of years depending on the Local Office....or one can return to do the CR/IR-1 which gives one conditional/immigrant status on entry.

It would seem that going back for the IR-1 interview would be the best option for you as it will also mean a 10 year greencard and no having to remove conditions as happens with the CR-1. You would lose the benefits to be gained if you adjusted status from a K-3

[EmilyRugBurn 0]

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!

[amarceau 0]

That totally answered my question.... I've been pondering posting that question for days now... but kept searching and searching to see if anyone else had already asked the same question. I always hesitate before posting any questions because I'm afraid of getting yelled at for asking stupid questions or things that have already asked..... So thank you for somehow reading my mind and asking

[EmilyRugBurn 0]

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!

[Jersey Girl 2]

I'm no expert, but plan to have my Canadian husband enter on K3 and return to Montreal later for the I-130 interview.

While none of us are obliged to do AOS after K3, it's assumed we will. That's the whole point of K3: do part of the application from outside the U.S. and finish it here. But it's not the only way to get to the ultimate goal, the greencard.

Once the I-130 is approved, we'll let it continue to process. We're only a day's drive from Montreal, so in our case, it's convenient. It's also, I gather, less of a pain in the posterior.

[EmilyRugBurn 0]

Any option that is "less of a pain in the posterior" is the one for me!

[Reba 2]

however for some it is much less a pain in the posterior to apply to adjust status in the US rather than go back for the CR1/IR1 interview.

Once you consider the cost of the processing, plus a few days visit in Montreal et cetera, (AFAIK, they do not issue the visa same day, you have to wait) adjusting in the US is less costly IMO.

It all really depends on if you can afford the trip back home (which I couldn't, plus my husband couldn't travel to Canada in order to come to the interview with me) and your own personal timeline I suppose. When I arrived with my K3 I sent the application for EAD just a couple weeks later, and received it in less than 3 months. My AOS was processed and completed about 11 months after I sent that application. If the I-130 approval to CR1/IR1 will take as long as AOS, I believe the processing expense is about the same, but the travel expense is of course far more.

[shirlJ831 0]

I entered on a K3 and did my AOS later after I got here I didnt want the time, hassle or money of going back to Canada. worked out well

[meauxna 15]

If I don't adjust status, other than not being able to work (ie. not being able to apply for an EAD or SSN),

Em,

K-3s may apply for EAD *without* filing I-485 (AOS) and get their SS# that way as well---it is not speedy, but it's something.

That way, if there are several months between K-3 and IV interviews, you've got things you can be doing. It should also allow you to apply for a driver's license and other 'official' docs.

One way that helps people decide if they should file AOS or return 'home' for the IV is to look at the processing times for the (your) District Office for form I-485. Many offices have a 6 month turnaround, but a few infamous ones are up to 3 years wait. If your office is a short turnaround, filing for AOS might not be a bad idea. If yours is a 3 year (or anything longer than a year! Infamous offices off the top of my head include many in Florida, NYC & Atlanta.), seriously look at going back for the IV.

Why? "Real life" starts when you are a PR. In my opinion, all time before that is legal and social limbo. Your PR date is also the start of your count down to Removing Conditions (if married less than 2 years) and Naturalization if you want to pursue that.

Bear in mind when looking at posted processing dates at uscis.gov: you are looking at a snapshot in time; these dates can swing wildly. Scan them over time to get a feel for your office's progress, and then check the timelines of other VJers who have completed AOS in your DO.

[amarceau 0]

I've read from other VJ posters and other newsgroups that some people have filed their I129 & EAD cocurrently. Has anyone ever heard of that being done?

[meauxna 15]

I've read from other VJ posters and other newsgroups that some people have filed their I129 & EAD cocurrently. Has anyone ever heard of that being done?

Are you thinking of I-485+EAD(I-765) instead?

I-129f is a petition---there would be no basis to issue an EAD from that. Or, your use of I-129 indicates a worker petition---maybe you saw something with nothing to do with marriage based?

Your use of 'concurrently' leads me to the I-485 conclusion; people filing for AOS often apply for a work permit and travel permit in the same application.

???

[EmilyRugBurn 0]

K-3s may apply for EAD *without* filing I-485 (AOS) and get their SS# that way as well---it is not speedy, but it's something.

meauxna - This is terrific news! I didn't realize you could do this, although - it makes total sense. Thanks for that.

I realize that going back to Canada for the interview is not convenient for a lot of people, but it would really only cost us gas money and a night in a hotel -- plus, hubby and I have always wanted to see Montreal, so perhaps we will make a mini-vacation of it.

[meauxna 15]

I think Canada would be a breezy return compared to some of the longer-haul flights. Sounds like a fun plan the way you put it!