Is Adjusment of Status mandatory if i have K-3 visa ?

[mamboman 2]

Hi,

Let's say my i-129f gets approved before my i-130. Xhat is the point of Adjusment of Status then? Like will they abandon the i-130? Can't I just wait for the i-130 to be approved and come back to my country when I need to finish the process ? Also, if I apply for EAD, can I leave the US with my K-3 or will they consider as abandonment of EAD ? 

 

Thank you so much for your help

[Redro 4,611]

1 hour ago, mamboman said:

Hi,

Let's say my i-129f gets approved before my i-130. Xhat is the point of Adjusment of Status then? Like will they abandon the i-130? Can't I just wait for the i-130 to be approved and come back to my country when I need to finish the process ? Also, if I apply for EAD, can I leave the US with my K-3 or will they consider as abandonment of EAD ? 

 

Thank you so much for your help

The K3 is effectively dead. Only 2 were given out in 2020 and I've read quite a few people applied for it in 2020 and a lot of people have applied for it in 2021 and had it refused because the I-130 was approved. Why are you filing the K3? 

Also, the rules for K3 and K1 are different: 

If you are admitted to the United States with a K-3 or K-4 visa, you are automatically authorized to work based on your status. To obtain evidence of employment authorization, you may file Form I-765, Application for Employment Authorization at any time after being admitted to the U.S. Alternatively, you may file an application for a Green Card and then apply for employment authorization based on that pending application even if your K-3 or K-4 nonimmigrant status expires.    

Travel Document

K-3 and K-4 visa holders may travel temporarily outside of the U.S. When you return from your temporary foreign travel, you may use your K-3 or K-4 visa to apply for admission to the United States. You do not need an advance parole document unless your K-3 or K-4 visa will be expired when you return to the United States and you have a pending Form I-485. In this case, the advance parole must be approved before you leave the United States.

 

 

 

https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableXV_B.pdf

 

Click on the uscis link to read the K3 visa rules. 

 

Edited November 14, 2021 by Kor2USA

[Redro 4,611]

1 hour ago, mamboman said:

Hi,

Let's say my i-129f gets approved before my i-130. Xhat is the point of Adjusment of Status then? Like will they abandon the i-130? Can't I just wait for the i-130 to be approved and come back to my country when I need to finish the process ? Also, if I apply for EAD, can I leave the US with my K-3 or will they consider as abandonment of EAD ? 

 

Thank you so much for your help

You don't have to apply for AOS if your K3 is approved but you can. 

[mamboman 2]

4 minutes ago, Kor2USA said:

The K3 is effectively dead. Only 2 were given out in 2020 and I've read quite a few people applied for it in 2020 and a lot of people have applied for it in 2021 and had it refused because the I-130 was approved. Why are you filing the K3? 

Also, the rules for K3 and K1 are different: 

If you are admitted to the United States with a K-3 or K-4 visa, you are automatically authorized to work based on your status. To obtain evidence of employment authorization, you may file Form I-765, Application for Employment Authorization at any time after being admitted to the U.S. Alternatively, you may file an application for a Green Card and then apply for employment authorization based on that pending application even if your K-3 or K-4 nonimmigrant status expires.    

Travel Document

K-3 and K-4 visa holders may travel temporarily outside of the U.S. When you return from your temporary foreign travel, you may use your K-3 or K-4 visa to apply for admission to the United States. You do not need an advance parole document unless your K-3 or K-4 visa will be expired when you return to the United States and you have a pending Form I-485. In this case, the advance parole must be approved before you leave the United States.

 

 

 

https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2020AnnualReport/FY20AnnualReport_TableXV_B.pdf

Thank you for your reply.

 

It's strange because when you look at the processing times for i-129f they're much faster, especially for California (where my partner is from). My motivation for K-3 is that it seems faster and also free of charge so why not try?  

 

So, in the hypothesis I get the K-3 can I start working right away or do I need to wait for EAD document, the rule is not clear it says "automatically" authorized to work, that's why I'm confused.

[Mike E 11,739]

1 hour ago, mamboman said:

Hi,

Let's say my i-129f gets approved before my i-130

This is a fantasy like what if you win power ball.  Granted some people win power ball, and some I-129F petitions from a married petitioner get approved (1 to 10 per year).  
 

So for fun let’s run with it.  
 

1 hour ago, mamboman said:

Xhat is the point of Adjusment of Status then?

Adjustment of status is done after the K-3 visa holder arrives in USA. If the K-3 doesn’t file adjustment of status within 90 days of arrival, the K-3 becomes an illegal alien.  
 

1 hour ago, mamboman said:

Like will they abandon the i-130?

That’s a completely different question. In practice, in most cases (like over 99 percent) then I-129F is denied and the I-130 stays alive.   Some people think the I-130 will be approved faster because the officer canceling the I-129F then finishes the I-130

 

 

1 hour ago, mamboman said:

 

Can't I just wait for the i-130 to be approved and come back to my country when I need to finish the process ?

Sure.  Bizarre.  But sure.  

1 hour ago, mamboman said:

Also, if I apply for EAD, can I leave the US with my K-3 or will they consider as abandonment of EAD ? 

 

You must file I-131 and then once it is approved and you receive an Advance Parole document, you can leave the USA .  If you leave the USA without a valid advance parole document in hand, your adjustment of status petition is deemed abandoned.  
 

1 hour ago, mamboman said:

 

Thank you so much for your help

sure. 

[Dashinka 24,487]

So theoretically, if the K3 were to be approved and the visa issued while the I130 is still in process you could wait for the I130, then go back to your home country and apply for a spousal visa.  As to travel after entering on a K3: @Kor2USA posted that information.  In reality, the I130 and I129 processing usually merged, so K3s are essentially obsolete.

[mamboman 2]

2 minutes ago, Mike E said:

Adjustment of status is done after the K-3 visa holder arrives in USA. If the K-3 doesn’t file adjustment of status within 90 days of arrival, the K-3 becomes an illegal alien.  

I think you're confusing with K-1, because K-3 is a 2 year visa.

 

2 minutes ago, Mike E said:

You must file I-131 and then once it is approved and you receive an Advance Parole document, you can leave the USA .  If you leave the USA without a valid advance parole document in hand, your adjustment of status petition is deemed abandoned.  

Then again I think you're confusing with K-1 here, you don't need the Advance Parole document with K-3, K-3 gives you the right of multiple entries. But my question was if i don't do AOS, and I apply for EAD, and I leave the USA for some time, will they abandon the EAD process or not ?

 

5 minutes ago, Mike E said:

You must file I-131 and then once it is approved and you receive an Advance Parole document, you can leave the USA .  If you leave the USA without a valid advance parole document in hand, your adjustment of status petition is deemed abandoned.  

Because what's the point of filing for AOS is I already have my i-130 pending, it's additional cost for nothing in my opinion

[Dashinka 24,487]

5 minutes ago, Mike E said:

This is a fantasy like what if you win power ball.  Granted some people win power ball, and some I-129F petitions from a married petitioner get approved (1 to 10 per year).  
 

So for fun let’s run with it.  
 

Adjustment of status is done after the K-3 visa holder arrives in USA. If the K-3 doesn’t file adjustment of status within 90 days of arrival, the K-3 becomes an illegal alien.  
 

That’s a completely different question. In practice, in most cases (like over 99 percent) then I-129F is denied and the I-130 stays alive.   Some people think the I-130 will be approved faster because the officer canceling the I-129F then finishes the I-130

 

 

Sure.  Bizarre.  But sure.  

 

You must file I-131 and then once it is approved and you receive an Advance Parole document, you can leave the USA .  If you leave the USA without a valid advance parole document in hand, your adjustment of status petition is deemed abandoned.  
 

sure. 

The only clarification I would add is that for a K3 applicant to AOS, they have to also file an I130 with or before the I485.  I agree, the K3 is useless, but many seem to think there is a supposed hack to get the I130 processed sooner.  Who really knows if this works, but it is just more free paperwork.

 

Applying For a Green Card

K-3 and K-4 visa holders must have an approved Form I-130 to be eligible for a Green Card to become a lawful permanent resident. You may apply for a Green Card at any time (even while the Form I-130 is pending) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you have a K-3 visa, you may only apply for a Green Card based on your marriage to the U.S. citizen spouse who petitioned for your K-3 status.

If you have a K-4 visa, you may only apply for a Green Card based on the step-parent/step-child relationship created when your K-3 parent married the U.S. citizen who petitioned for your K-4 visa. You may also benefit from certain age-out protections under the Child Status Protection Act (CSPA). For more information on CSPA, see the Child Status Protection Act (CSPA) webpage. 
 

https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

[mamboman 2]

1 minute ago, Dashinka said:

The only clarification I would add is that for a K3 applicant to AOS, they have to also file an I130 with or before the I485.  I agree, the K3 is useless, but many seem to think there is a supposed hack to get the I130 processed sooner.  Who really knows if this works, but it is just more free paperwork.

 

Applying For a Green Card

K-3 and K-4 visa holders must have an approved Form I-130 to be eligible for a Green Card to become a lawful permanent resident. You may apply for a Green Card at any time (even while the Form I-130 is pending) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. If you have a K-3 visa, you may only apply for a Green Card based on your marriage to the U.S. citizen spouse who petitioned for your K-3 status.

If you have a K-4 visa, you may only apply for a Green Card based on the step-parent/step-child relationship created when your K-3 parent married the U.S. citizen who petitioned for your K-4 visa. You may also benefit from certain age-out protections under the Child Status Protection Act (CSPA). For more information on CSPA, see the Child Status Protection Act (CSPA) webpage. 
 

https://www.uscis.gov/family/family-of-us-citizens/k-3k-4-nonimmigrant-visas

This is so confusing, some people say you need AOS, some people say you can just wait for i-130

[Redro 4,611]

14 minutes ago, mamboman said:

Thank you for your reply.

 

It's strange because when you look at the processing times for i-129f they're much faster, especially for California (where my partner is from). My motivation for K-3 is that it seems faster and also free of charge so why not try?  

 

So, in the hypothesis I get the K-3 can I start working right away or do I need to wait for EAD document, the rule is not clear it says "automatically" authorized to work, that's why I'm confused.

Read what I posted. 

Which country are you from? Only TWO K3s were issued in 2020. 

Most people apply for K3 because they believe the K3 application will nudge USCIS to look at the I-130. 

K1s are taking around 1 year (but they have to deal with AOS in the States) so you don't get to work anytime sooner because the work card is taking +/- 8 months. 

I-130 takes 1.5 - 2 years. Just wait for your I-130 to be approved and go through regular processing. File the I-129F but don't expect it will be approved. 

The link I provided says K3s are AUTOMATICALLY authorized to work, they just file the I-765 for evidence. This is true for K1s they have work authorization for the first 90 days but they lose it after they fall out of status. 

 

Edited November 14, 2021 by Kor2USA

[mamboman 2]

3 minutes ago, Kor2USA said:

Read what I posted. 

Which country are you from? Only TWO K3s were issued in 2020. 

Most people apply for K3 because they believe the K3 application will nudge USCIS to look at the I-130. 

K1s are taking around 1 year (but they have to deal with AOS in the States) so you don't get to work anytime sooner because the work card is taking +/- 8 months. 

I-130 takes 1.5 - 2 years. Just wait for your I-130 to be approved and go through regular processing. File the I-129F but don't expect it will be approved. 

 

Okay, thank you for your help.

 

I'm from France, do you know if being from France makes it any faster? I'm just worried because my partner is from California and the i-130 there seems to take 2-3 years since Covid.

Don't you think that K-3 could become more relevant since the processing times have dramatically increased for the i-130?

[Crazy Cat 41,821]

27 minutes ago, mamboman said:

This is so confusing, some people say you need AOS, some people say you can just wait for i-130

Think of it like this:  There are 2 ways to become a legal resident:

1.  Enter the US via an immigrant visa

2.  Adjust Status inside the US based on an approved I-130.

The K-3 is a non-immigrant visa.

Edited November 14, 2021 by Crazy Cat

[Redro 4,611]

5 minutes ago, mamboman said:

Okay, thank you for your help.

 

I'm from France, do you know if being from France makes it any faster? I'm just worried because my partner is from California and the i-130 there seems to take 2-3 years since Covid.

Don't you think that K-3 could become more relevant since the processing times have dramatically increased for the i-130?

Ignore the processing times. 

On average I-130s are taking 10 months for approval across all centers. 

Generally it takes 1/5 -2 years to interview. 

 

https://egov.uscis.gov/processing-times/historic-pt

 

Fill in your timeline.

Add your country to your profile and you can see the processing times for people from France:

https://www.visajourney.com/timeline/k1list.php?op6=All&op66=All&op7=France&op1=3&op2=&dfile=No&op3=5&op4=1&op5=5%2C6%2C8%2C10%2C11%2C13%2C14%2C15%2C16%2C17%2C18%2C20%2C21%2C22%2C25%2C26%2C27%2C28%2C108%2C110%2C111%2C208%2C210%2C211&cfl=0

 

 

Edited November 14, 2021 by Kor2USA

[Crazy Cat 41,821]

1 minute ago, mamboman said:

Okay, thank you for your help.

 

I'm from France, do you know if being from France makes it any faster? I'm just worried because my partner is from California and the i-130 there seems to take 2-3 years since Covid.

Don't you think that K-3 could become more relevant since the processing times have dramatically increased for the i-130?

You are misinformed.  Being from France has no impact on processing.  Where the petitioner lives is irrelevant to which USCIS processing center gets the case.  Selection is based on USCIS work load, not geography.

[mamboman 2]

2 minutes ago, Kor2USA said:

Ignore the processing times. 

On average I-130s are taking 10 months for approval across all centers. 

Generally it takes 1/5 -2 years to interview. 

 

https://egov.uscis.gov/processing-times/historic-pt

 

 

1/5- 2 years after the approval or 1/5 - 2 years in total for the whole process?