Question about CR1 and Adjustment of status on K3

[Becky&Sam 0]

My husband is waiting for his interview date for the K3 visa. Here the I130 is being process and I just recieved the IV bill and AOS bill. If I do this now before he gets here on the K3 will he still have to file an adjustment of status or is this part of the CR1? I am confused about this part...........Also if he gets put on AR after his interview for the K3 and the CR1 is process through will that go onto Cairo and then he will get his CR1 there?

Thanks for any help with these questions.

[lucyrich 20]

If he comes on a CR-1 visa, he gets conditional LPR status on entry, and there's no adjustment of status.

If he comes on a K-3 visa, then he must either file for adjustment of status, or he must return to his home country to interview for the CR-1 visa when it's ready, and then re-enter as a conditional LPR on the CR-1.

By avoiding paying the fee bills, you can delay the I-130 package arrival to the consulate, and guarantee that he will come on a K-3. There's not much advantage to that, other than a small immediate money savings (pretty much offset by the cost of Adjustment of Status).

I'm not 100% certain at what point the arrival of the I-130 package to the consulate will kill the K-3 and force a mandatory switch to CR-1. It will definitely kill the K-3 if the I-130 arrives before the I-129F arrives, and I'm pretty sure it will kill the K-3 if the I-130 arrives any time before the K-3 interview. I'm not sure about arrival while waiting on AR after the interview.

But any time that the I-130 package arrives, even if it's after he has received the K-3 and entered the US, he can always choose to pursue the CR-1, thereby avoiding adjustment of status and simplifying life after arrival in the US.

[jula 0]

There have been some changes ...

http://www.ilw.com/immigdaily/news/2006,1116-I129.pdf

[lucyrich 20]

There have been some changes ...

http://www.ilw.com/immigdaily/news/2006,1116-I129.pdf

Yes, but how is that relevant to the OP? The OP's I-130 has already left the USCIS and gone to the NVC, and the NVC has issued the fee bills, which have been received by the petitioner. I assume either their I-130 got out ahead of the change in policy, or else the I-130 clearly indicated a desire for consular processing. Either way, the USCIS obviously didn't retain the I-130.