mamboman

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

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."

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

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?

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).

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?

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

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

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

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

Good luck! 
And remember you have to disclose both passports in the DS260.
Fill in your timeline after you submit your I-130. 
 

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.
 
 

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.

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.

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.

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

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