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

[Crazy Cat 41,822]

3 minutes ago, mamboman said:

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

Right now, other VJ members report the average time from filing an I-130 until interview (for a spousal visa) is 693 days.  Your time could be shorter...or longer.

 

Edited November 14, 2021 by Crazy Cat

[mamboman 2]

6 minutes ago, Kor2USA said:

ill 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

Thank you this is very helpful

[Redro 4,611]

5 minutes ago, mamboman said:

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

On average for the entire process. 

USCIS/NVC/Interview. 

It can be longer

Currently some countries have long waiting time after D.Q. 6months+ to interview after the NVC stage. 

Also... Some countries have long administrative processing times after the interview.

[mamboman 2]

Last question. I have double citizenship, French and Portuguese. Looking at the timelines from here, people from France seem to have a faster process (maybe just a coincidence). Do you recommend using my French passport or my Portuguese passport ? Knowing I've only used my Portuguese to enter the USA in the past (if it matters).

[Redro 4,611]

15 minutes ago, mamboman said:

Last question. I have double citizenship, French and Portuguese. Looking at the timelines from here, people from France seem to have a faster process (maybe just a coincidence). Do you recommend using my French passport or my Portuguese passport ? Knowing I've only used my Portuguese to enter the USA in the past (if it matters).

 

Where are you living right now? 

It doesn't matter which passport you use. You will interview in the country where you reside (legally). 

You could interview in China if that's your current residence. 

 

Remember not everyone who applies for the I-130/ CR1-IR1 visa creates a timeline so the data is not accurate. 

 

You will have to disclose all nationalities/ citizenships you hold in the DS-260. 

 

You can check Facebook for info. 

I know there is a France CR1/IR1 group. They will probably be able to tell you about DQ to interview times. You might also be able to find a Portugal group.

 

 

Edited November 14, 2021 by Kor2USA

[mamboman 2]

1 minute ago, Kor2USA said:

 

Where are you living right now? 

It doesn't matter which passport you use. You will interview in the country where you reside (legally). 

You could interview in China if that's your current residence. 

 

Remember not everyone who applies for the I-130/ CR1-IR1 visa creates a timeline so the data is not accurate. 

 

You will have to disclose all nationalities/ citizenships you hold in the DS-260. 

 

 

I'm currently in France, and actually the US Embassy of Paris actually takes care of the Portugal cases too anyways. I'm thinking it actually might be better to use the Portuguese passport as it is the one I used to visit my partner in the US.

[Redro 4,611]

1 minute ago, mamboman said:

I'm currently in France, and actually the US Embassy of Paris actually takes care of the Portugal cases too anyways. I'm thinking it actually might be better to use the Portuguese passport as it is the one I used to visit my partner in the US.

Good luck! 

And remember you have to disclose both passports in the DS260.

Fill in your timeline after you submit your I-130. 

 

[Verrou 1,962]

5 hours 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?

where your partner live is unrelated with the service center of i-130. USCIS will asigned your case to whichever service center and not based on where ur partner live

[SalishSea 17,818]

6 hours ago, mamboman said:

I'm currently in France, and actually the US Embassy of Paris actually takes care of the Portugal cases too anyways. I'm thinking it actually might be better to use the Portuguese passport as it is the one I used to visit my partner in the US.

It makes NO difference in overall processing.  Not for the petition part, not for NVC, and as you point out, not for the consular interview since they are done in Paris for both countries.  If anything, preference may be given to residents of France vs. Portugal in the queue.

 

You have some very strange assumptions about how the entire process works.  Recommend you do some serious reading here on VJ as well as USCIS.gov.

[HRQX 4,145]

12 hours ago, mamboman said:

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 ?

The I-130 wouldn't be abandoned. An approved I-130 is eventually needed to complete either path; i.e. IR-1/CR-1 at a consular post or AOS from K-3 process. VJ has a comparison guide: https://www.visajourney.com/guides/marriage-visa-comparison/ "After the K-3 Visa is approved by the US Consulate, the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa. At any time within these two years they may file for and initiate an Adjustment of Status (AOS) process with the USCIS (to become a Legal Permanent Resident). If so they will be deciding to Adjust Status within the US (just like a K-1 Visa Holder would) and will follow the normal AOS process which may take six months or even longer in some regions of the US. Alternately, if prior to filing for AOS the K-3 Visa Holder has their underlying I-130 petition approved by the USCIS they may instead (of filing for AOS) choose to return to their consulate abroad to interview and obtain an IR-1 / CR-1 Visa. In this case they would abandon their status as a K-3 Visa Holder and re-enter the US as a IR-1 / CR-1 Visa Holder. Entry into the US as a IR-1 / CR-1 Visa Holder results in the immediate conversion to becoming a Legal Permanent Resident (your green card is mailed out shortly after arrival in the US)."

10 hours ago, Mike E said:

If the K-3 doesn’t file adjustment of status within 90 days of arrival, the K-3 becomes an illegal alien.

No, the obsolete K-3 was valid for 2 years when issued and the I-94 would match the visa expiration date. It also was a multiple entry visa.

 

And filing for AOS was optional since still had the choice to pursue IR-1/CR-1 via consular processing. See INA 101(a)(15)(K)(ii): "an alien who- has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status under section 1151(b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa"

10 hours ago, Mike E said:

If you leave the USA without a valid advance parole document in hand, your adjustment of status petition is deemed abandoned.

That is incorrect in the case of AOS from K-3 (as long as the K-3 traveler returns to the US before the K-3 expires). See 8 CFR § 245.2(a)(4)(ii)(C): "... The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status."

10 hours ago, Kor2USA said:

Where are you living right now? 

It doesn't matter which passport you use. You will interview in the country where you reside (legally).

https://fr.usembassy.gov/visas/immigrant-visas/ "Immigrant visas to the United States are processed for citizens and residents of France and Portugal at the U.S. Embassy in Paris."

Edited November 15, 2021 by HRQX

[mamboman 2]

11 hours ago, HRQX said:

The I-130 wouldn't be abandoned. An approved I-130 is eventually needed to complete either path; i.e. IR-1/CR-1 at a consular post or AOS from K-3 process. VJ has a comparison guide: https://www.visajourney.com/guides/marriage-visa-comparison/ "After the K-3 Visa is approved by the US Consulate, the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa. At any time within these two years they may file for and initiate an Adjustment of Status (AOS) process with the USCIS (to become a Legal Permanent Resident). If so they will be deciding to Adjust Status within the US (just like a K-1 Visa Holder would) and will follow the normal AOS process which may take six months or even longer in some regions of the US. Alternately, if prior to filing for AOS the K-3 Visa Holder has their underlying I-130 petition approved by the USCIS they may instead (of filing for AOS) choose to return to their consulate abroad to interview and obtain an IR-1 / CR-1 Visa. In this case they would abandon their status as a K-3 Visa Holder and re-enter the US as a IR-1 / CR-1 Visa Holder. Entry into the US as a IR-1 / CR-1 Visa Holder results in the immediate conversion to becoming a Legal Permanent Resident (your green card is mailed out shortly after arrival in the US)."

No, the obsolete K-3 was valid for 2 years when issued and the I-94 would match the visa expiration date. It also was a multiple entry visa.

 

And filing for AOS was optional since still had the choice to pursue IR-1/CR-1 via consular processing. See INA 101(a)(15)(K)(ii): "an alien who- has concluded a valid marriage with a citizen of the United States (other than a citizen described in section 1154(a)(1)(A)(viii)(I) of this title) who is the petitioner, is the beneficiary of a petition to accord a status under section 1151(b)(2)(A)(i) of this title that was filed under section 1154 of this title by the petitioner, and seeks to enter the United States to await the approval of such petition and the availability to the alien of an immigrant visa"

That is incorrect in the case of AOS from K-3 (as long as the K-3 traveler returns to the US before the K-3 expires). See 8 CFR § 245.2(a)(4)(ii)(C): "... The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status."

https://fr.usembassy.gov/visas/immigrant-visas/ "Immigrant visas to the United States are processed for citizens and residents of France and Portugal at the U.S. Embassy in Paris."

Thank you so much! That's what I was thinking! Also, if I file for an EAD, can I still travel while it's pending?

[Redro 4,611]

7 minutes ago, mamboman said:

Thank you so much! That's what I was thinking! Also, if I file for an EAD, can I still travel while it's pending?

You will not receive a K3 visa. 

You will receive a CR1 or IR1 visa. 

You will become a LPR when you enter the USA. You will be able to work and travel as soon as you arrive. 

 

[Crazy Cat 41,822]

21 minutes ago, mamboman said:

Thank you so much! That's what I was thinking! Also, if I file for an EAD, can I still travel while it's pending?

Her is a chart showing how many K-3 visas have been issued by year. These are world wide totals.   There were even fewer in 2020.

https://www.fickeymartinezlaw.com/immigration/consular-processing/k-3-visa-2019-fiscal-year-the-ever-diminishing-visa-option/

 

 

 

 

 

 

 

Edited November 15, 2021 by Crazy Cat

[mamboman 2]

27 minutes ago, Kor2USA said:

You will not receive a K3 visa. 

You will receive a CR1 or IR1 visa. 

You will become a LPR when you enter the USA. You will be able to work and travel as soon as you arrive. 

 

Are you the USCIS? Then you don't know if I'll get a K3 or not. Plus my questions were just in the hypothesis I got it

16 minutes ago, Crazy Cat said:

Her is a chart showing how many K-3 visas have been issued by year. These are world wide totals.   There were even fewer in 2020.

https://www.fickeymartinezlaw.com/immigration/consular-processing/k-3-visa-2019-fiscal-year-the-ever-diminishing-visa-option/

 

 

 

 

 

 

 

That does not reply to my question, my question was in the hypothesis I get the K3

[Crazy Cat 41,822]

9 minutes ago, mamboman said:

Are you the USCIS? Then you don't know if I'll get a K3 or not. Plus my questions were just in the hypothesis I got it

That does not reply to my question, my question was in the hypothesis I get the K3

My post is reality..... You might want to prepare for that. .... A K-3 (I-129f) will almost certainly be closed administratively, and will proceed as a CR-1/IR-1.  Good luck on your journey...

I'm out of this discussion!!!!

Edited November 15, 2021 by Crazy Cat