Jump to content
john and tiri

Waiting to apply for Adjustment of Status (AOS); traveling with K-3 before applying for AOS; need I-131?

 Share

1 post in this topic

Recommended Posts

Filed: Other Country: Denmark
Timeline

(As I wasn't sure under which topic to post this, I have posted the same message under Working & Traveling prior to getting a Green Card.)

In March 2007 my wife and I were married in Chile.

In February (2008) my wife and step-daughter (age: 9) received K-3 and K-4 visas respectively. We moved to the U.S. shortly thereafter.

This August (2008) my wife and step-daughter are planning to return to Chile to visit for a month. I will not be traveling with them.

Here are my questions and assumptions:

It seems like if we wait until the beginning of 2009 to file for Adjustment of Status (AOS) the adjustment will come through AFTER our second anniversary and my wife and step-daughter will thus receive IR visas, not CR visas, and we will not have to petition later to have the conditions removed from the CR visas, thus saving time and money.

How long does it usually take for an AOS request to be processed --from submission of application to adjustment of status?

As I understand it K-3/K-4 visas allow the holder to exit and re-enter the U.S. during the two year duration of the visa. Will my wife and step-daughter have any problems getting back into the U.S. if we haven't filed for AOS yet? It seems like there should be no difference presenting their visas upon return from Chile in September than when they did so the first time they entered the U.S. back in February.

Do we need to file form I-131 for them to be able to get back into the U.S.? As I understand it that form is only for those who have already received or been approved for a CR or IR visa AND who are planning on being out of the country for more than a year.

Thank you for your generous assistance.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...