Adjusting from a k3 visa holder

[pechez 0]

Hi guys! It seems most people here are k1 adjusting to PR. But I'm still wishing that one of you can answer my question. I've read the k3 guidelines that K3 visa is a multiple entry visa that's why I didn't apply for AP. And also you can extend the visa beyond 2 years. So what do you mean by that. For instance., I'm still waiting for my AOS approval.,and my visa will soon expire., so do you mean I can apply for an extension of 2 yrs or more?

If that the case., that is perfect. I got lots of time for AOS. I already filed in August for I-765 and I-485 and my visa will expire in 2010. So I can extend it for another two years.,?????

Another question., will application for AOS change my k3 status?

I hope you can help me with this.., especially those who are k3 holders., please enlighten me!! I'm really confused of my status now that my application has been filed.

thank you!

[Shakil 4]

You can travel on K-3 while your AOS processes. Regardless, I don't think you should take any risk and file for AP. Always have a backup plan.

[Ling Ling 22]

K-3 is a "non-immigrant visa". AOS is to change to an "immigrant visa", usually a CR-1 or IR-1.

With a K-3, you can't work unless you get an Employment Authorization.

If work isn't important, some people wait until they've been married for 2 years to apply for AOS. That way they get a 10 year green card instead of a 2 year green card.

Hope that helps.

[pechez 0]

yes I'm aware of that that'why I also apply for EAD but my question is if I read in the k3 guidelines that you can extend the k3 beyond two years., does it mean I can extend it for another two years if it expires prior to approval of AOS?

Well., I'm hoping though that my AOS will not take even a year for it to be approved but I just want to make sure., and I want to know every single details regarding k3 and I'm not fully aware of k3 thing. All I know is it's a spouse visa non immigrant with two years of expiration and need to adjust status once your inside US. that's it

But thanks though for replying

And by the way., We got married june of 2006. My hubby applied for USC before he petition me. So I just got here like 5 months ago. And we reached the 2 years of anniversary last june 2008 and I applied AOS last month (August) so Do you mean I can get a 10 year gr card?

[Shakil 4]

Yes you can extend it but your AOS will breeze through and also, you don't want to waste time. Approval of AOS means that you can start counting days towards naturalization.

If you case is adjudicated after the 2nd anniversary of your marriage, your COA (Category of Admission) would be IR6 (Immediate residence through Adjustment, 10 YR GC) rather than CR6 (Conditional residence through adjustment, 2 YR GC).

Hope that helps.

Note: You can apply anytime, as long as it is not approved before the 2nd anniversary of your marriage.

Edited September 25, 2008 by Shakil

[pechez 0]

Yes you can extend it but your AOS will breeze through and also, you don't want to waste time. Approval of AOS means that you can start counting days towards naturalization.

If you case is adjudicated after the 2nd anniversary of your marriage, your COA (Category of Admission) would be IR6 (Immediate residence through Adjustment, 10 YR GC) rather than CR6 (Conditional residence through adjustment, 2 YR GC).

Hope that helps.

Note: You can apply anytime, as long as it is not approved before the 2nd anniversary of your marriage.

Thanks shakil for that. Yeah I know.,You're right I don't want to waste time. I arrived here in the US last April 2008 and I filed MY AOS AND EAD already. WE already married for two years . Our 2nd anniv was last june 2008 and a perfect timing because I applied AOS 2 months after our 2nd anniv. So I've got more time because I just got here April so that's month's ago., I'm just waiting for my ead and AOS approval.

Thanks again for sharing the good news that I will be receiving a 10 yr green card. thanks!!!

[Shakil 4]

You are welcome, I am glad to be the bearer of good news!