K3 visa approved and expires in two years but petition expires in three months

[K3more 0]

Dear All,

My wife was approved for her k3 and just picked up her visa. The visa is valid for two years.

Does this mean she can enter and leave the U.S. as often as she wants?

Also, on the visa it says her 129 petition expires in about three months. What does this mean? Does this have any effect on her pending 130

petition? Does it mean she cannot use her Visa once the petition expires?

Is the red envelop that she received ( to be given at port of entry ) when she picked up the Visa part of the 129 petition? If so, I am concerned that it might not be valid after three months since the petition expires in 3 months.

Thanks for any help.

Edited November 22, 2008 by K3more

[pushbrk 13,068]

Dear All,

My wife was approved for her k3 and just picked up her visa. The visa is valid for two years.

Does this mean she can enter and leave the U.S. as often as she wants?

Also, on the visa it says her 129 petition expires in about three months. What does this mean? Does this have any effect on her pending 130

petition? Does it mean she cannot use her Visa once the petition expires?

Thanks for any help.

The I-129F petition is dead because the visa has been issued. Yes, it is a two-year multiple entry visa.

[K3more 0]

what about the second and third part to my question?

[Dakine 26]

Dear All,

My wife was approved for her k3 and just picked up her visa. The visa is valid for two years.

Does this mean she can enter and leave the U.S. as often as she wants?

YES

Also, on the visa it says her 129 petition expires in about three months. What does this mean? Does this have any effect on her pending 130

petition? Does it mean she cannot use her Visa once the petition expires? NO

NO! SHE CAN GO BACK AND AND DO THE CR-1 WHEN IT COMES UP. BETTER TO GO WITH THE CR-1 AND NOT ADJUST STATUS FOR THE K3.

Is the red envelop that she received ( to be given at port of entry ) when she picked up the Visa part of the 129 petition? If so, I am concerned that it might not be valid after three months since the petition expires in 3 months.

Thanks for any help.

[pushbrk 13,068]

what about the second and third part to my question?

Sheesh. The sealed envelope contains the I-129f, all the supporting documentation you submitted and anything they added to your file. You turn that over to a CBP officer upon arrival. None of this has any impact on your I-130 and yes the visa is good for two years and multiple entries. The petition expiration is meaningless because you have the visa.

[K3more 0]

what about the second and third part to my question?

Sheesh. The sealed envelope contains the I-129f, all the supporting documentation you submitted and anything they added to your file. You turn that over to a CBP officer upon arrival. None of this has any impact on your I-130 and yes the visa is good for two years and multiple entries. The petition expiration is meaningless because you have the visa.

Thanks for your kind help. My concern is that we do not plan to enter the US for several months which by then her 129 petition will have expired. Will that make all the documents in the red envelop invalid since the 129 petition will basically be cancelled?

To clarify, her 129 expires in February but plan to enter the US next June. By June will her 129 documents in the red envelop be cancelled and become invalid? I don't want her to come in June and find out she's denied entry due to expired 129 petition.

[pushbrk 13,068]

what about the second and third part to my question?

Sheesh. The sealed envelope contains the I-129f, all the supporting documentation you submitted and anything they added to your file. You turn that over to a CBP officer upon arrival. None of this has any impact on your I-130 and yes the visa is good for two years and multiple entries. The petition expiration is meaningless because you have the visa.

Thanks for your kind help. My concern is that we do not plan to enter the US for several months which by then her 129 petition will have expired. Will that make all the documents in the red envelop invalid since the 129 petition will basically be cancelled?

To clarify, her 129 expires in February but plan to enter the US next June. By June will her 129 documents in the red envelop be cancelled and become invalid? I don't want her to come in June and find out she's denied entry due to expired 129 petition.

You do not have a problem. Just enter the USA within two years. When you do, bring the sealed envelope with you. The petition was used to obtain the visa. You have the visa, so the petition is just a file now. USCIS wants it back but not until after you enter the USA. Ok?

[K3more 0]

Why would USCIS want the documents back when the embassy gave them to us in the first place? The reason I asked is because the consular that interviewed my wife told her that she had to enter the US within 4-6 months. I was there too so I HAD TO EXPLAIN TO THE CONSULAR THAT A K3 IS VALID FOR 2 YEARS AND HAS MULTIPLE ENTRY. The consular then advised us that we should do some research to find out what the law says. She got us scared until we received her VISA and it stated 2 years.

It's odd that's all.

My next question is when does an approved 130 petition expire? My wife was approved several months ago on both the 129 and 130. Is there a time frame that requires us to take action on the 130? When does the 130 petition become invalid? I am still deciding whether to have her enter and adjust status or proceed with CR1 visa via that 130.

[notime4haterz 0]

I think lots of people who get approved for both, just go the I-130 route. Why use a visa when you can have the greencard and not need to adjust status, is the thinking most people have.

[pushbrk 13,068]

Why would USCIS want the documents back when the embassy gave them to us in the first place? The reason I asked is because the consular that interviewed my wife told her that she had to enter the US within 4-6 months. I was there too so I HAD TO EXPLAIN TO THE CONSULAR THAT A K3 IS VALID FOR 2 YEARS AND HAS MULTIPLE ENTRY. The consular then advised us that we should do some research to find out what the law says. She got us scared until we received her VISA and it stated 2 years.

It's odd that's all.

My next question is when does an approved 130 petition expire? My wife was approved several months ago on both the 129 and 130. Is there a time frame that requires us to take action on the 130? When does the 130 petition become invalid? I am still deciding whether to have her enter and adjust status or proceed with CR1 visa via that 130.

OMG. You.......do.......not.......have.......a..........problem. You can forget about the I-130.

They want the file back because it's your case file. You'll see it again at the AOS interview. Do you see the instructions on the envelope? Just get on with your life.

[K3more 0]

WHAT? Forget about the 130? I thought we need a valid and approved 130 for the adjustment of status and for the greencard later?

I am worried because the 130 was approved way back in February. When she enters the US it will be one year and four/five months.

Will her 130 petition expire?

[notime4haterz 0]

LOOOOOOOOOOOOOOOOL

pushbrk is gonna have a heart attack!

No offense, pushbrk, I don't want you to have one, but I could feel your frustration in the last post!

[pushbrk 13,068]

WHAT? Forget about the 130? I thought we need a valid and approved 130 for the adjustment of status and for the greencard later?

I am worried because the 130 was approved way back in February. When she enters the US it will be one year and four/five months.

Will her 130 petition expire?

Yes, your I-130 is approved, so you can forget about it. USCIS will deal with the case file as needed.

NO. Forget about petition expiration dates. They are meaningless to you now.

Only visa and I-94, then green card expiration dates will matter in your future.

[himher 634]

Dear All,

My wife was approved for her k3 and just picked up her visa. The visa is valid for two years.

Does this mean she can enter and leave the U.S. as often as she wants? Yes, but she should not leave and stay outside the country longer than 6 months before her green card arrives in the mail, then (according to the regulations) she can stay outside the country for up to a year without advance parole

Also, on the visa it says her 129 petition expires in about three months. What does this mean? Does this have any effect on her pending 130

petition? Does it mean she cannot use her Visa once the petition expires?

Her visa has an expiration date on it and it should give her (2) years before it expires. When she arrives in the US, she will get an I94 stapled to her passport that will also give her (2) years of legal status. The I129F petition itself is completed, approved, and done. The APPROVAL notice for the I129F is normally good for (3) months could this be what you are referring to?

Is the red envelop that she received ( to be given at port of entry ) when she picked up the Visa part of the 129 petition? If so, I am concerned that it might not be valid after three months since the petition expires in 3 months.

The stuff in the red envelope is the packet from the embassy and includes her medical records, I134, and other things related to your case. USCIS collects it at the point of entry and forwards it to the office handling your case, and it becomes part of your wife's A file.

Make sure she gets a copy of her shot (vaccination) records before she leaves her home country and brings it to the US. When she arrives, you will need to bring her to a US civil surgeon to fill out the vaccination portion of the I693 as well as complete any vaccinations she may not have taken before she left her home country. This vaccination record will be given to you by the civil surgeon in a sealed envelope. Attach that envelope to your AOS packet

Thanks for any help.

[himher 634]

Just attach the approval notice for the I130 to the I485 (AOS) package along with that vaccination form then forget about it.

Congrats on the visa btw - most of us worried like this BEFORE the visa was issued (laughing)

WHAT? Forget about the 130? I thought we need a valid and approved 130 for the adjustment of status and for the greencard later?

I am worried because the 130 was approved way back in February. When she enters the US it will be one year and four/five months.

Will her 130 petition expire?

Yes, your I-130 is approved, so you can forget about it. USCIS will deal with the case file as needed.

NO. Forget about petition expiration dates. They are meaningless to you now.

Only visa and I-94, then green card expiration dates will matter in your future.