Is Adjustment of Status Mandatory on K3?

[Tala202 27]

Hi guys,

I had a question regarding the adjustment following approval of a K3. I live in Montreal, Canada and just applied for the I-130; I'll be applying for a K3 as soon as we receive our NOA1 (because it's free, so why not?) in hopes of being able to move to D.C. (where my husband is) earlier. If I do though, I really don't want to apply for an Adjustment of Status because 1) It's cheaper for me to just bus/fly back to Montreal for an interview as opposed to pay the filing fee for I-485; and 2) The AOS seems to take longer than continuing on with the I-130 IR1/CR1 route.

I'm wondering I can make that choice, or will I need definitely need to file the I-485 by law? Has anyone (especially from Canada) done this before? I'd really appreciate any help!

[Harpa Timsah 13,258]

K-3 is unobtainable now.

When it was obtainable, then yes, AOS was required once in the US.

[Tala202 27]

K-3 is unobtainable now.

When it was obtainable, then yes, AOS was required once in the US.

How is it unobtainable?

[Harpa Timsah 13,258]

The two petitions will be matched together, approved at the same time (on the I-130 timeline), then the I-129F will be administratively closed at NVC and you will be on the CR-1 path whether you like it or not.

[Tala202 27]

The two petitions will be matched together, approved at the same time (on the I-130 timeline), then the I-129F will be administratively closed at NVC and you will be on the CR-1 path whether you like it or not.

But if the I-129f is hypothetically approved prior to the I-130, the K3 is technically obtainable, no?

[Harpa Timsah 13,258]

But if the I-129f is hypothetically approved prior to the I-130, the K3 is technically obtainable, no?

It won't be approved prior to the I-130 because they will be matched up and travel through USCIS together, on the I-130 timeline.

Some people have gotten K-3s in fluke instances. Less than 1%, if I remember right.

Edited February 13, 2014 by Harpa Timsah

[christeen 966]

There was just a report of a k3 that made it to the embassy in Jamaica, but it was closed there to wait for the CR1 from NVC... But to answer your question, if you hypothetically slipped through on a fluke k3 approved, yes, you would have to file for AOS lest be out of status...

[Tala202 27]

Aren't the approval periods for the I-130 and I-129f vastly different at this point though (i.e. the I-129f is much faster)? It seems a bit unfair to match them up like that.

[Harpa Timsah 13,258]

Sorry to be the bearer of bad news

You can visit during the process, so I hope that's good news.

[Tala202 27]

Sorry to be the bearer of bad news

You can visit during the process, so I hope that's good news.

Haha it's okay. And that is. That's the part that scares me to be honest. I'll be graduating at the end of April and won't be able to work because I'm in Montreal and don't know French (i.e. veryyyy limited job opportunities). I have very few prospects for ties other than my apartment lease, which expires on Aug. 31st... hence the insistence on the K3. I'm getting mixed information regarding whether I can visit or not, but I feel like my case is less convincing than most others.

[Harpa Timsah 13,258]

Haha it's okay. And that is. That's the part that scares me to be honest. I'll be graduating at the end of April and won't be able to work because I'm in Montreal and don't know French (i.e. veryyyy limited job opportunities). I have very few prospects for ties other than my apartment lease, which expires on Aug. 31st... hence the insistence on the K3. I'm getting mixed information regarding whether I can visit or not, but I feel like my case is less convincing than most others.

You can visit. It is perfectly legal. No one is ever guaranteed entry, but most people visit with no problems.

[Tala202 27]

You can visit. It is perfectly legal. No one is ever guaranteed entry, but most people visit with no problems.

Well that sounds nice. What would you say is a safe amount of time for a visit? Could I stay for a few months, for example? Or should I stick to shorter visits?

[Harpa Timsah 13,258]

You could stay for a few months. If I were in your shoes, and money was no object, I would stay for one big long trip. You can stay up to 6 months as a Canadian. Then I'd go home and finish up the visa process and come back.

Repeated entry will make them more suspicious than a one-off long trip, I think.

[NikLR 13,227]

Often long trips by Canadians mean you have no employment and no reason to return to Canada. I suggest against trips longer than a few weeks without definite proof of your ties to Canada.

As Harpa stated, K3 are obsolete and very rare. They also require adjustment of status and are the mosy expensive visa to obtain. Just get the CR1.

[NikLR 13,227]

Many Canadians live close to the border and travel to the US every weekend or every other weekend with no difficulty. Being jobless or not in school will up your chances of a denied visit. I visited twice during immigration and had no issues but I was also asked where I worked during inspection. If you plan on visiting a lot, a NEXUS card is a great $50 investment. You're fast tracked through customs (and security in the USA).