Question about Adjustment of Status for a currently pending I-130 and I-129F (K3) application.

[Ceolhem 0]

Good evening,

I'm a Canadian currently married to an American citizen. We've been married for two years and almost four months now. My wife (American citizen), currently has permanent residency in Canada. After some time, staying in Canada did not work out for her and she decided to move back to the USA.

We've now started the process to get me as a permanent resident in the USA. After doing some research, we filed and send all the documents necessary for the I-130 and the I-129F for a K3 (which I learned is now obsolete and will convert to a IR-1 or CR-1). We have received our receipt # a couple days ago through text message but I'm unsure if it is for the I-130 or the 1-129F. It starts with LIN if that is of any help. We should be receiving the Official Receipt Notice through the mail shortly.

But I have also read that you can file for Adjustment of Status if you are already in the USA but I'm still unsure of some of the details that would allow it.

So my question is the following:

If I were to visit my wife and her family for the holiday, and then I decided to stay for a couple more months, could I do an Adjustment of Status to reach the Green Card status if I currently have an I-129F (K3) currently pending?

If yes, I understand I will have to fill the I-485, but do I have to do anything toward the I-129F or will it automatically be cancelled?

Any information concerning this topic is more than welcomed.

Be sure to let me know if any information is missing or more of it is required.

Thanks a lot for your time.

[EM_Vandaveer 2,408]

Coming to "visit" but with the intent to adjust status is immigration fraud.

[Ceolhem 0]

Thanks for the answer.

Here is where I get confused about the Adjustment of Status.

If I read through: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status as well as some other online resources, and then I apply what I read to my case, it might just be an oversight on my part but I'm not seeing where I'm failing to meet the requirements.

My follow-up question would then be:

What makes an adjustment of status valid or invalid when an I-130 is filed and approved?

[Boiler 45,922]

You can not enter as a tourist with the intention to immigrate, well you could tell the PoE that but they would send you away.

However if you enter to visit and then decide to stay and adjust that is OK and where AoS applies.

Hope that is clear.

[JFH 12,191]

Thanks for the answer.

Here is where I get confused about the Adjustment of Status.

If I read through: https://www.uscis.gov/green-card/green-card-processes-and-procedures/adjustment-status as well as some other online resources, and then I apply what I read to my case, it might just be an oversight on my part but I'm not seeing where I'm failing to meet the requirements.

My follow-up question would then be:

What makes an adjustment of status valid or invalid when an I-130 is filed and approved?

The crux of the matter is intent.

Planning to do so is not permitted. However if circumstances change during a visit you can adjust status in country.

[Ceolhem 0]

Ah, I see now.

I understand better now.

We won't be changing our plans nevertheless and we'll just keep going with the current I-129F but it's nice to know the whys and actually understand the process better.

Thanks a lot to everyone for their input.

[NikLR 13,231]

If you sent the I-129F before getting the NOA1 for the I-130 you started the k3 process wrong. Did you send a check for both? or just both packages at the same time.

As you put it though, either way the I-129F is likely to be closed and you will be on the IR1 path.