K3 Expires before AOS Interview?

[CanadaGirl 0]

Hello,

I was just browsing the timeline section. I noticed that people who are having their interview in Orlando are waiting apporximately 2.5 years to get an interview for AOS. My K3 visa expires in 2 years. What happens if it expires before I get my green card? Do I have to leave the country? What about my EAD?

Thanks

[Kez/JWolf 6]

Once you have applied for AOS your status changes from K3 to AOS(pending) so it does not matter if your K3 has expired... you do not need to leave the country... your EAD is good for 12 months and you can renew it when you need too... if you wish to travel out of the country after your K3 has expired you will need to file for AP....

hope this helps

Kezzie

[Yodrak 7]

CanadaGirl,

You'll be in the same situation as a K1 whose visa 'expired' on entry and whose stay in the USA expired after 90 days in the USA.

Yodrak

Hello,

I was just browsing the timeline section. I noticed that people who are having their interview in Orlando are waiting apporximately 2.5 years to get an interview for AOS. My K3 visa expires in 2 years. What happens if it expires before I get my green card? Do I have to leave the country? What about my EAD?

Thanks

Kezzie,

Not necessarily. My K3-wife's EAD was valid for about 2 years, until the expiration of her allowed stay in the USA as indicated on her I-94.

Yodrak

... your EAD is good for 12 months ....

Kezzie

[Reba 2]

you can file for an extension on the K3 if you want, but its not necessary really, you're still legal here if its expired. Your EAD however will need to be renewed, and you should apply for that at minimum 90 days before the expiration date.

And Yodrak is right, K3 EADs are supposed to be valid until the K3 expires. Some however only get a one year card if they don't send the EAD application to Missouri.

[kingofbanff 1]

Is it true that you would have to apply for Advanced Parole to leave the country? I travel every month and that would cripple my lifestyle.

[zyggy 9]

Is it true that you would have to apply for Advanced Parole to leave the country? I travel every month and that would cripple my lifestyle.

This is true once the K3 is expired... You can travel on the K3 until it expires. After the K3 expires, if you filed for AOS, you will require AP to be able to return to the US.

[CanadaGirl 0]

Ok thanks for your help. It seems that if I don't get an interview 2.5 years from now there will be about a 6-8 month gap where I can't leave without AP between my k3 expiring and my interview. I can deal with that. I guess I would only leave in a family emergency.

Thanks again!