Question regarding travelling abroad prior to AOS application

[Tempeck 0]

I have concerns regarding my wife traveling abroad. She has a K3 visa which still has over a year and a half of validity remaining, and she is currently in the US. We have not yet applied for AOS and my wife has to leave the US soon. I am concerned that she may have trouble with immigration when returning to the US. I spoke to USCIS and explained to them the situation, but they were unsure. I then contacted Customs and Border Security, which was recommended to me by the USCIS rep I spoke to, and asked the same thing. The officer at the national office said that she would require advance parole (travel document) while the local office at the international airport (in Houston, Texas) said that as long as her K3 is valid she should have no problem.

Of course this raises the dilemma in whom to believe. I am concerned that if she leaves the US without at least applying for AOS that this may constitute abandonment of adjustment of status. However, since the K3 visa is a multiple entry visa there should not be a problem for her to enter the US again.

Any help in this matter will be appreciated.

Tempeck

[YuAndDan 153]

NO AP needed for K-3 OR K-4, READ THE instructions for form I-131 please.

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

K-3 is multi entry, allows re-entry before or after filing AOS.

Edited April 5, 2008 by YuAndDan

[pushbrk 12,910]

NO AP needed for K-3 OR K-4, READ THE instructions for form I-131 please.

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

K-3 is multi entry, allows re-entry before or after filing AOS.

Check the actual K3 visa itself and you'll see it is for multiple entries and valid for two years. Trust what you see.