K3 and AOS'ing

[Flames9_RN 358]

Quick question!! i know the k3 is a multiple entry visa, but when one is AOS'ing with a K3, does one then require Advance parole (AP) to leave the USA or does it ALWAYS remain multiple entry?? Thanks

[YuAndDan 153]

Nope, NO I-131 needed to file for if person is in the USA on a K-3.

I-131 directions:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf

[pushbrk 12,913]

Nope, NO I-131 needed to file for if person is in the USA on a K-3.

I-131 directions:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf

The only K3 worry is the I-94 expiring before the AOS is complete but even then you want a visa extension, not AP.

[Flames9_RN 358]

Ok, I'm in a discussion on another board (not immigration) about the k3 (I was a cr-1)

What Iam saying (could be wrong) is that with a k3 it is a multiple entry visa, THUS no AP!!

What the other person is saying that yes when the person is on a k3 it is multiple entry,BUT once they file the AOS paperwork, THEN if they want to travel out of the USA they need AP.

Who is correct,lol

[pushbrk 12,913]

Ok, I'm in a discussion on another board (not immigration) about the k3 (I was a cr-1)

What Iam saying (could be wrong) is that with a k3 it is a multiple entry visa, THUS no AP!!

What the other person is saying that yes when the person is on a k3 it is multiple entry,BUT once they file the AOS paperwork, THEN if they want to travel out of the USA they need AP.

Who is correct,lol

You are. The K3 visa is multiple entry for the length of its validity or until permanent residency is granted or the visa is extended. Filing AOS doesn't invalidate the visa but completing AOS does. Being granted permanent residence invalidates the visa.

My wife is a good example. Neither her visa or I-94 expire until August but she completed AOS in January. She doesn't have the card because there was an error. She cannot use the visa to travel now. She'll need a temporary I-551 stamp in her passport if travel is imminent before her corrected green card is in hand.

I verified the invalidation of her visa with USCIS and CBP.

Edited March 13, 2008 by pushbrk

[YuAndDan 153]

Ok, I'm in a discussion on another board (not immigration) about the k3 (I was a cr-1)

What Iam saying (could be wrong) is that with a k3 it is a multiple entry visa, THUS no AP!!

What the other person is saying that yes when the person is on a k3 it is multiple entry,BUT once they file the AOS paperwork, THEN if they want to travel out of the USA they need AP.

Who is correct,lol

NO, The other person needs to read the I-131 directions, If you read carefully Post #2 above, the I-131 directions clearly indicate that K-3s do not need AP to travel even when an I-485 is pending.

"You do not need to apply for advance parole if both conditions described below in A and B are met"

"A" the person has a valid K-3 or K-4 visa, AND "B" there has been an I-485 filed on the K-3/4 holder's behalf.

Edited March 13, 2008 by YuAndDan

[Flames9_RN 358]

Thats what I said!! I even supplied the link you were so nice to provide!! Oh well! Thanks

[little white guy 0]

Ok, I'm in a discussion on another board (not immigration) about the k3 (I was a cr-1)

What Iam saying (could be wrong) is that with a k3 it is a multiple entry visa, THUS no AP!!

What the other person is saying that yes when the person is on a k3 it is multiple entry,BUT once they file the AOS paperwork, THEN if they want to travel out of the USA they need AP.

Who is correct,lol

NO, The other person needs to read the I-131 directions, If you read carefully Post #2 above, the I-131 directions clearly indicate that K-3s do not need AP to travel even when an I-485 is pending.

"You do not need to apply for advance parole if both conditions described below in A and B are met"

"A" the person has a valid K-3 or K-4 visa, AND "B" there has been an I-485 filed on the K-3/4 holder's behalf.

Not trying to hijack post but got me thinking about the I-94.

Sorry have no time line, wouldn't know where to begin thanks to .gov.

We are k3, wifes I-94 runs out November this year. Still waiting for

P2. i-130 to file AOS, I guess thats our route. Anyway if I-94 runs out

before AOS is approved what do you do?.Stay so confused on this mess.

Not even sure anymore if we need a diferent route, wife explains to me

but can't seem to get it in my head.

[pushbrk 12,913]

Ok, I'm in a discussion on another board (not immigration) about the k3 (I was a cr-1)

What Iam saying (could be wrong) is that with a k3 it is a multiple entry visa, THUS no AP!!

What the other person is saying that yes when the person is on a k3 it is multiple entry,BUT once they file the AOS paperwork, THEN if they want to travel out of the USA they need AP.

Who is correct,lol

NO, The other person needs to read the I-131 directions, If you read carefully Post #2 above, the I-131 directions clearly indicate that K-3s do not need AP to travel even when an I-485 is pending.

"You do not need to apply for advance parole if both conditions described below in A and B are met"

"A" the person has a valid K-3 or K-4 visa, AND "B" there has been an I-485 filed on the K-3/4 holder's behalf.

Not trying to hijack post but got me thinking about the I-94.

Sorry have no time line, wouldn't know where to begin thanks to .gov.

We are k3, wifes I-94 runs out November this year. Still waiting for

P2. i-130 to file AOS, I guess thats our route. Anyway if I-94 runs out

before AOS is approved what do you do?.Stay so confused on this mess.

Not even sure anymore if we need a diferent route, wife explains to me

but can't seem to get it in my head.

The validity of the K3 visa can be extended.

[YuAndDan 153]

Ok, I'm in a discussion on another board (not immigration) about the k3 (I was a cr-1)

What Iam saying (could be wrong) is that with a k3 it is a multiple entry visa, THUS no AP!!

What the other person is saying that yes when the person is on a k3 it is multiple entry,BUT once they file the AOS paperwork, THEN if they want to travel out of the USA they need AP.

Who is correct,lol

NO, The other person needs to read the I-131 directions, If you read carefully Post #2 above, the I-131 directions clearly indicate that K-3s do not need AP to travel even when an I-485 is pending.

"You do not need to apply for advance parole if both conditions described below in A and B are met"

"A" the person has a valid K-3 or K-4 visa, AND "B" there has been an I-485 filed on the K-3/4 holder's behalf.

Not trying to hijack post but got me thinking about the I-94.

Sorry have no time line, wouldn't know where to begin thanks to .gov.

We are k3, wifes I-94 runs out November this year. Still waiting for

P2. i-130 to file AOS, I guess thats our route. Anyway if I-94 runs out

before AOS is approved what do you do?.Stay so confused on this mess.

Not even sure anymore if we need a diferent route, wife explains to me

but can't seem to get it in my head.

The validity of the K3 visa can be extended.

Correct, you file I-539 and pay $300 to extend the K-3 validity.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[little white guy 0]

Ok, I'm in a discussion on another board (not immigration) about the k3 (I was a cr-1)

What Iam saying (could be wrong) is that with a k3 it is a multiple entry visa, THUS no AP!!

What the other person is saying that yes when the person is on a k3 it is multiple entry,BUT once they file the AOS paperwork, THEN if they want to travel out of the USA they need AP.

Who is correct,lol

NO, The other person needs to read the I-131 directions, If you read carefully Post #2 above, the I-131 directions clearly indicate that K-3s do not need AP to travel even when an I-485 is pending.

"You do not need to apply for advance parole if both conditions described below in A and B are met"

"A" the person has a valid K-3 or K-4 visa, AND "B" there has been an I-485 filed on the K-3/4 holder's behalf.

Not trying to hijack post but got me thinking about the I-94.

Sorry have no time line, wouldn't know where to begin thanks to .gov.

We are k3, wifes I-94 runs out November this year. Still waiting for

P2. i-130 to file AOS, I guess thats our route. Anyway if I-94 runs out

before AOS is approved what do you do?.Stay so confused on this mess.

Not even sure anymore if we need a diferent route, wife explains to me

but can't seem to get it in my head.

The validity of the K3 visa can be extended.

Correct, you file I-539 and pay $300 to extend the K-3 validity.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Thanks Dan & Push..

Understand..Even more greenbacks..Never ending spending cabbage.

Thanks you guys!!!!!!!!..Do understand now (as wife puts the chinglish on me).

Short for i will kick ur butt now.