Jump to content

13 posts in this topic

Recommended Posts

Filed: Timeline
Posted

Hi, I was recently married to my wife - a US citizen, she lives in the US and I currently live in Switzerland. My intention is to move to the US to live with my wife on a K3 visa and then become a permanent citizen after 2 years, however I have a great job in Switzerland and Im not going to give it up and move to the US until I get a decent job in the US.

My question is - can I apply for K3 status and remain living in Switzerland for as long as it takes for the right job to come along, while still keeping the right to live and work in the US indefinitely?

If so, would I still be able to apply to become a permanent citizen after 2 years even if I was still living in Switzerland? - although that is extremely unlikely!

Any help would be greatly appreciated

Steve

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Someone will correct me if I am wrong but the K3 has a 6 month limit, as in once it is issued then you will have to use it within 6 months.

If you do not use it, then I think you will have to refile as the K3 has expired. So no, you cannot wait 2 years in Switzerland and then come when you feel like it.

PS how can you get a decent job in the US if you are not in the US to begin with?

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Other Timeline
Posted

Once you get the K3, you MUST enter the US in order to "activate" it. Once you've activated it, that starts the 2 year countdown to expiration, and you MUST apply for adjustment of status, and employment authorization (AOS & EAD) as soon as possible. You cannot get your social security number (SSN) until you have EAD, and you can't get an EAD unless you apply for it. You can't get a job without an EAD and SSN. So you MUST be in the country in order to do that. Once you've sent in the AOS/EAD applications, you have to be here in the US for biometrics appointments and any other thing that USCIS may need of you.

It is a lot easier for border living Canadians to do what you want to do, only because of geographic proximity. However, to be able to go back and forth from Switzerland, potentially on extrememly short notice, for interviews and biometrics could be very prohibitive and not likely possible.

And I think you mean "permanent resident" not permanent citizen. Citizenship comes much later.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: Timeline
Posted

Thanks for the reply. Well I plan to travel to the US for job interviews in time taken as holiday from my job - we get 26 days a year over here so its not such a big deal.

That makes sense, but it raises the question - can I apply for permanent residence after having been married for 2 years but not having lived in the US during the marriage, nor had a K3 visa? or would I have to have been in the US for 2 years on a K3 visa?

Also, if I applied for the K3, but didnt move to the US for say 4 months - would my 2 years until citizenship begin from the date of the approved K3 visa, or from the date I moved to the US?

Filed: Timeline
Posted
Once you get the K3, you MUST enter the US in order to "activate" it. Once you've activated it, that starts the 2 year countdown to expiration, and you MUST apply for adjustment of status, and employment authorization (AOS & EAD) as soon as possible. You cannot get your social security number (SSN) until you have EAD, and you can't get an EAD unless you apply for it. You can't get a job without an EAD and SSN. So you MUST be in the country in order to do that. Once you've sent in the AOS/EAD applications, you have to be here in the US for biometrics appointments and any other thing that USCIS may need of you.

It is a lot easier for border living Canadians to do what you want to do, only because of geographic proximity. However, to be able to go back and forth from Switzerland, potentially on extrememly short notice, for interviews and biometrics could be very prohibitive and not likely possible.

And I think you mean "permanent resident" not permanent citizen. Citizenship comes much later.

I just read this after my previous post - thats really useful info, thanks. One more question though, I though AOS was only needed for changing from K3 visa to permanent resident? If not then what status am I adjusting myself to?

Also do you have any idea roughly how long it takes to get AOS & EAD complete, Im thinking If I did manage to get my AOS and EAD sorted while say on a 2 week vacation, I could potentially go back to work in Switzerland knowing I am ready to take up a new job in the US as soon as I get the chance. And what if I go through AOS & EAD then dont get a job for a year or so, presumably after 6 months Im back to square one - I would have to re-apply for K3 and go through AOS and EAD all over again?

This info is really hard to find so thanks for posting in reply to my threads.

Filed: Other Country: China
Timeline
Posted
Once you get the K3, you MUST enter the US in order to "activate" it. Once you've activated it, that starts the 2 year countdown to expiration, and you MUST apply for adjustment of status, and employment authorization (AOS & EAD) as soon as possible. You cannot get your social security number (SSN) until you have EAD, and you can't get an EAD unless you apply for it. You can't get a job without an EAD and SSN. So you MUST be in the country in order to do that. Once you've sent in the AOS/EAD applications, you have to be here in the US for biometrics appointments and any other thing that USCIS may need of you.

It is a lot easier for border living Canadians to do what you want to do, only because of geographic proximity. However, to be able to go back and forth from Switzerland, potentially on extrememly short notice, for interviews and biometrics could be very prohibitive and not likely possible.

And I think you mean "permanent resident" not permanent citizen. Citizenship comes much later.

I just read this after my previous post - thats really useful info, thanks. One more question though, I though AOS was only needed for changing from K3 visa to permanent resident? If not then what status am I adjusting myself to?

Also do you have any idea roughly how long it takes to get AOS & EAD complete, Im thinking If I did manage to get my AOS and EAD sorted while say on a 2 week vacation, I could potentially go back to work in Switzerland knowing I am ready to take up a new job in the US as soon as I get the chance. And what if I go through AOS & EAD then dont get a job for a year or so, presumably after 6 months Im back to square one - I would have to re-apply for K3 and go through AOS and EAD all over again?

This info is really hard to find so thanks for posting in reply to my threads.

You adjust to "permanent resident" but you do not need to do so "as soon as possible" after your first entry. The K3 is the perfect visa for your circumstances in that you are not subject (for two years) to the requirements of (google this) "maintaining permanent resident status". You may come and go as you please for two years but if you wait until the visa is almost expired before filing AOS, you may need to remain until AOS is complete. The K3 actually can be extended by applying to do so. Certainly, if you enter with the immediate intention of seeking LPR status, you would file AOS right away but the terms of the visa don't require it. My wife and daughter were here almost a year before we filed AOS and even then we did it a couple months earlier than planned just to avoid the huge fee increase.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Filed: AOS (apr) Country: Philippines
Timeline
Posted
Once you get the K3, you MUST enter the US in order to "activate" it. Once you've activated it, that starts the 2 year countdown to expiration, and you MUST apply for adjustment of status, and employment authorization (AOS & EAD) as soon as possible.

not quite right... the two year clock begins immediately upon issuance... the visa holder has two years to enter and apply to adjust status... does NOT have 6 mos. plus two years... need only apply for residency (i-485) before the visa expires and is not bound by an ASAP like a K-1 really should

YMMV

Filed: Timeline
Posted
Once you get the K3, you MUST enter the US in order to "activate" it. Once you've activated it, that starts the 2 year countdown to expiration, and you MUST apply for adjustment of status, and employment authorization (AOS & EAD) as soon as possible.

not quite right... the two year clock begins immediately upon issuance... the visa holder has two years to enter and apply to adjust status... does NOT have 6 mos. plus two years... need only apply for residency (i-485) before the visa expires and is not bound by an ASAP like a K-1 really should

In that case I can get the visa, activate it, apply and get AOS & EAD, go back to switzerland and work while looking for a job in the US - then provided I get a job before the visa expires I can move to the US and live happily ever after?

Filed: Timeline
Posted (edited)
Once you get the K3, you MUST enter the US in order to "activate" it. Once you've activated it, that starts the 2 year countdown to expiration, and you MUST apply for adjustment of status, and employment authorization (AOS & EAD) as soon as possible.

not quite right... the two year clock begins immediately upon issuance... the visa holder has two years to enter and apply to adjust status... does NOT have 6 mos. plus two years... need only apply for residency (i-485) before the visa expires and is not bound by an ASAP like a K-1 really should

I am in the same situation with a K3 VISA. My wife and I both have good jobs in Cambodia. We just returned to Cambodia after spending about a month in the United States. We have the option of letting NVC know that we want to adjust status in the U.S. or proceed with our 130 for a CR/IR visa.

Just a little clarification tho. A visa and I 94 expiration date are two different issues. One could have an expired VISA yet have legal right to stay and live in the US per the I 94 expiration date. Thus, the countdown does not necessarily end two years after VISA issuance.

As long as the AOS is filed before the 1 94 expires, everything should be OK.

For example, a K3 visa ( with expiration May 1, 2009 ) holder enters the US and is issued a I 94 expiration of May 1, 2010 would have until May 2010 to file for AOS.

However, should the K3 visaholder wishes to extend the K3, s/he should apply for extention prior to the K3 expiring.

In my situation, it may be necessary for my wife to extend the K3 for as long as possible until we both decide to move back to the U.S.

One important point to remember is that you have to notify NVC of your intention to adjust status within 1 year to avoid having them cancel your I 130 petition.

Edited by SPSguy

**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
Once you get the K3, you MUST enter the US in order to "activate" it. Once you've activated it, that starts the 2 year countdown to expiration, and you MUST apply for adjustment of status, and employment authorization (AOS & EAD) as soon as possible.

not quite right... the two year clock begins immediately upon issuance... the visa holder has two years to enter and apply to adjust status... does NOT have 6 mos. plus two years... need only apply for residency (i-485) before the visa expires and is not bound by an ASAP like a K-1 really should

In that case I can get the visa, activate it, apply and get AOS & EAD, go back to switzerland and work while looking for a job in the US - then provided I get a job before the visa expires I can move to the US and live happily ever after?

depends on time outside of the USA... if you apply and receive a greencard then you are no longer K-3, but a resident of the USA and the requirements for maintaining your residency are different....

Once you get the K3, you MUST enter the US in order to "activate" it. Once you've activated it, that starts the 2 year countdown to expiration, and you MUST apply for adjustment of status, and employment authorization (AOS & EAD) as soon as possible.

not quite right... the two year clock begins immediately upon issuance... the visa holder has two years to enter and apply to adjust status... does NOT have 6 mos. plus two years... need only apply for residency (i-485) before the visa expires and is not bound by an ASAP like a K-1 really should

I am in the same situation with a K3 VISA. My wife and I both have good jobs in Cambodia. We just returned to Cambodia after spending about a month in the United States. We have the option of letting NVC know that we want to adjust status in the U.S. or proceed with our 130 for a CR/IR visa.

Just a little clarification tho. A visa and I 94 expiration date are two different issues. One could have an expired VISA yet have legal right to stay and live in the US per the I 94 expiration date. Thus, the countdown does not necessarily end two years after VISA issuance.

As long as the AOS is filed before the 1 94 expires, everything should be OK.

For example, a K3 visa ( with expiration May 1, 2009 ) holder enters the US and is issued a I 94 expiration of May 1, 2010 would have until May 2010 to file for AOS.

However, should the K3 visaholder wishes to extend the K3, s/he should apply for extention prior to the K3 expiring.

In my situation, it may be necessary for my wife to extend the K3 for as long as possible until we both decide to move back to the U.S.

One important point to remember is that you have to notify NVC of your intention to adjust status within 1 year to avoid having them cancel your I 130 petition.

K-3 is different... K-3 visa expiration and I-94 when issued will expire concurrently..... so if you enter on a K-3 with only a month left, your I-94 will mirror..

Edited by payxibka

YMMV

Filed: Timeline
Posted

So there are no restrictions on me leaving the US for work abroad whilst on a K3 visa?

Also, I presume to request AOS means I am requesting a LPR / a greencard. In which case does anybody know roughly how long it takes before AOS / LPR / greencard is granted - I read that its difficult to predict but could come before the K3 expires if I applied right away. I want to know this because according to the post above, I can work outside of the US until I get the greencard, at which time I have to live in the US to maintain residence.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
So there are no restrictions on me leaving the US for work abroad whilst on a K3 visa?

Also, I presume to request AOS means I am requesting a LPR / a greencard. In which case does anybody know roughly how long it takes before AOS / LPR / greencard is granted - I read that its difficult to predict but could come before the K3 expires if I applied right away. I want to know this because according to the post above, I can work outside of the US until I get the greencard, at which time I have to live in the US to maintain residence.

AOS = Adjustment of Status... you are adjusting from a status such as K-3 to permanent residence

5-6 months is typical for processing... some sooner, some later... does not have to come before the K-3 expires but needs to be submitted before the K-3 expires ... also you need to have entered the USA and also be in the USA for some of the processing time (biometrics, interview).

Yes, a greencard assumes you are a resident and living in the USA... not living abroad... you can travel, but you must maintain residence

The K-3 allows you two years from issuance before you must settle in the USA permanently... You can work abroad etc... but if you are to emigrate then it must be done before the visa expires

YMMV

Filed: Other Timeline
Posted

I wouldn't think that the K3 is renewable/extendable indefinitely either SPSguy. Eventually USCIS will deny an extension application if they deem you do not in fact have any intent of moving to the US permanently, and have not yet done so. Usually, a K3 extenstion would only be granted if for some reason AOS was taking so long as to have made the K3 expire (which was more common a few years ago, not so now). Not because the beneficiary hasn't got moved to the US yet.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

 
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...