Question: is AP needed for K3 Visa holder?

[wintime 0]

My wife came to US under K3 visa, so does she need AP to travel out of US?

All the posts I see here is saying that AP is needed, however all of them were based on K1 visa, on the other hand I read on the I-485 AOS application instruction the following (check the exception for K3)

Travel outside the United States for adjustment-of-status applicants under sections 209 and 245

of the Act, and Registry applicants under section 249 of the Act.

Your departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment-of-status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called "advance parole." To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for adjustment of status.

1. Exceptions.

a. H, L, V, or K3/K4 nonimmigrant:

If you are an H, L, V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining

advance parole.

b. Refugees and Asylees:

If you are applying for adjustment of status one year after you were admitted as a refugee or one year after you were granted asylum, you may travel outside the United States on your valid refugee travel document, if you have one, without the need to obtain advance parole

Thanks in advance for any help!

Edited December 27, 2008 by wintime

[Dakine 26]

My wife came to US under K3 visa, so does she need AP to travel out of US?

All the posts I see here is saying that AP is needed, however all of them were based on K1 visa, on the other hand I read on the I-485 AOS application instruction the following (check the exception for K3)

"

Travel outside the United States for adjustment-of-status applicants under sections 209 and 245 of the Act, and Registry applicants under section 249 of the Act.

Your departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment-of-status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called “advance parole.” To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for adjustment of status.

1. Exceptions.

a. H, L, V, or K3/K4 nonimmigrant:

If you are an H, L, V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining advance parole.

b. Refugees and Asylees:

If you are applying for adjustment of status one year after you were admitted as a refugee or one year after you were granted asylum, you may travel outside the United States on your valid refugee travel document, if you have one, without the need to obtain advance parole

"

Thanks in advance for any help!

K3 is a multiple entry visa good for 2 years. No need to file a I-131 and get advanced parole.

[pushbrk 12,898]

My wife came to US under K3 visa, so does she need AP to travel out of US?

All the posts I see here is saying that AP is needed, however all of them were based on K1 visa, on the other hand I read on the I-485 AOS application instruction the following (check the exception for K3)

Travel outside the United States for adjustment-of-status applicants under sections 209 and 245

of the Act, and Registry applicants under section 249 of the Act.

Your departure from the United States (including brief visits to Canada or Mexico) constitutes an abandonment of your adjustment-of-status application, unless you are granted permission to depart and you are inspected upon your return to the United States. Such permission to travel is called "advance parole." To request advance parole, you must file Form I-131, Application for Travel Document, with the appropriate fee at the USCIS office where you applied for adjustment of status.

1. Exceptions.

a. H, L, V, or K3/K4 nonimmigrant:

If you are an H, L, V, or K3/K4 nonimmigrant who continues to maintain his or her status, you may travel on a valid H, L, V or K3/K4 visa without obtaining

advance parole.

b. Refugees and Asylees:

If you are applying for adjustment of status one year after you were admitted as a refugee or one year after you were granted asylum, you may travel outside the United States on your valid refugee travel document, if you have one, without the need to obtain advance parole

Thanks in advance for any help!

Good job. You read the instructions and found the right answer. K3 is multiple entry. No need for Advance Parole.

[wintime 0]

pushbrk, nice to you see here,

If I am not wrong I think you went through K3 visa, if so, then where I can find a thread for K3 fillers going through AOS, I searched but I coudn't find one.

Edited December 28, 2008 by wintime