Travel on K3 Visa

[childress_london 3]

Once a person has received the K3 visa and has entered the United States, how long are they allowed to travel outside the United States? Does anybody know? All I could find on the Dept of State website is that as long as their K3 visa is still valid they can reenter and will not be considered abandoning their application. But I'm sure there has to be a time limit on how long one can stay outside the U.S. on a K3? I am asking because my spouse may need to go back to Canada to finish one or two semesters of college to graduate after receiving his K3 (depending on when he gets the visa).

Thanks!

[YuAndDan 153]

Until the K-3 expires, which is 2 years after it issued.

I would hold off adjusting status until after completion of study, then enter the USA and adjust status.

[Reba 2]

Why wait to apply to adjust status? At the very least, he should apply for EAD so he can get his SSN and start to get life started in the US.

[childress_london 3]

He won't need to start work right away, because he needs to go back to Canada to finish his degree. So I'm not worried about doing the adjustment of status until he is done with school. His being able to work is not an issue right now. I just want to be sure he can go back to Canada for a semester or two (with visits back frequently, of course) and they won't consider him abandoning the K3 and deny him reentry to the U.S.

[pushbrk 13,044]

Why wait to apply to adjust status? At the very least, he should apply for EAD so he can get his SSN and start to get life started in the US.

A K3 visa holder is not subject to the requirement to "maintain permanent resident status". Filing AOS will require returning for biometrics and an interview. If the permanent resident status is granted while the "student" is not currently residing in the USA, there could be numerous complications. They should carefully consider all the ramifications any filing. This is one of those rare but real cases where the K3 visa is ideal.

[childress_london 3]

Why wait to apply to adjust status? At the very least, he should apply for EAD so he can get his SSN and start to get life started in the US.

A K3 visa holder is not subject to the requirement to "maintain permanent resident status". Filing AOS will require returning for biometrics and an interview. If the permanent resident status is granted while the "student" is not currently residing in the USA, there could be numerous complications. They should carefully consider all the ramifications any filing. This is one of those rare but real cases where the K3 visa is ideal.

Thanks! That's exactly what I wanted to know. Then it seems like this would work out OK for us then. :-)

[YuAndDan 153]

Why wait to apply to adjust status? At the very least, he should apply for EAD so he can get his SSN and start to get life started in the US.

A K3 visa holder is not subject to the requirement to "maintain permanent resident status". Filing AOS will require returning for biometrics and an interview. If the permanent resident status is granted while the "student" is not currently residing in the USA, there could be numerous complications. They should carefully consider all the ramifications any filing. This is one of those rare but real cases where the K3 visa is ideal.

Another benifit of this is more than likely they will be adjusting status after 2 years of marriage, this avoids the 2 year conditional green-card. Only downside is a FULL I-693 medical exam will be needed when adjusting status.

Double check the validity period of the K-3 visa when you get it.

Your profile says Iran, Consulate for Iran that issues K-3 may issue them with a 3 month validity, US consulate in Canada issues them with a 2 year validity.

Edited May 25, 2009 by YuAndDan

[pushbrk 13,044]

Why wait to apply to adjust status? At the very least, he should apply for EAD so he can get his SSN and start to get life started in the US.

A K3 visa holder is not subject to the requirement to "maintain permanent resident status". Filing AOS will require returning for biometrics and an interview. If the permanent resident status is granted while the "student" is not currently residing in the USA, there could be numerous complications. They should carefully consider all the ramifications any filing. This is one of those rare but real cases where the K3 visa is ideal.

Another benifit of this is more than likely they will be adjusting status after 2 years of marriage, this avoids the 2 year conditional green-card. Only downside is a FULL I-693 medical exam will be needed when adjusting status.

Double check the validity period of the K-3 visa when you get it.

Your profile says Iran, Consulate for Iran that issues K-3 may issue them with a 3 month validity, US consulate in Canada issues them with a 2 year validity.

Good point. The reciprocity schedule for Iran indicates a six month validity instead of two years but the visas are issued in Turkey. I would contact the Consulate in Ankara and ask them about the K3 validity period you should expect. Note, the K3 visa will be issued in the country in which the marriage took place, so maybe neither Iran or Turkey applies.

[childress_london 3]

He lives in Canada and we were married in Canada, so we are interviewing in Montreal. So, he should get the two year K3 visa. This is the main reason we are following the K3 versus the CR1. It would be costly and time consuming for him (and me) to fly from Canada to Turkey or Dubai.

Edited May 26, 2009 by childress_london

[childress_london 3]

Hmmmm, but it will still be a K3 on an Iranian passport, so I wonder if Montreal will give him the 6 month or 2 year?

[pushbrk 13,044]

Hmmmm, but it will still be a K3 on an Iranian passport, so I wonder if Montreal will give him the 6 month or 2 year?

Email the Consulate and ask. I have nothing to base an opinion on either way.

[Reba 2]

I was not suggesting that he apply for EAD in order to get a job, but in order to be able to apply for SSN. Without an SSN he basically can't get his life started in the US at all. Even if he's just going back and forth to continue his studies in Canada, he can still get an SSN in the US so that he can get a bank account with you, get on your health insurance, etc etc etc...all the usual stuff that married people do. EAD filed for separately from the AOS pacakge is good for 2 years with K3.

And plenty of Canadians adjust to green card and continue to commute back to Canada for school or work. I wouldn't even see a problem with him doing it, even with the Iranian passport. Once he's got the green card, he should be able to travel back and forth just as easily. And as you've said that he will be "going back and forth" not STAYING in Canada for the next 2 years, so it could be an option IMHO. At least saves the money on not having to do another medical exam.

[YuAndDan 153]

I was not suggesting that he apply for EAD in order to get a job, but in order to be able to apply for SSN. Without an SSN he basically can't get his life started in the US at all. Even if he's just going back and forth to continue his studies in Canada, he can still get an SSN in the US so that he can get a bank account with you, get on your health insurance, etc etc etc...all the usual stuff that married people do. EAD filed for separately from the AOS pacakge is good for 2 years with K3.

And plenty of Canadians adjust to green card and continue to commute back to Canada for school or work. I wouldn't even see a problem with him doing it, even with the Iranian passport. Once he's got the green card, he should be able to travel back and forth just as easily. And as you've said that he will be "going back and forth" not STAYING in Canada for the next 2 years, so it could be an option IMHO. At least saves the money on not having to do another medical exam.

A very good point! K-3 can enter the USA and apply for EAD, then return to Canada.

The EAD will be handy for the moment you eventually enter the USA to stay, the EAD will allow work upon entry to the USA as well as getting SSN.

[childress_london 3]

Ohhhh OK, I wasn't aware that he could get the EAD without AOS! So that's a good idea, we can at least do that immediately so he can get the SSN. I'm concerned about trying to do the AOS while he will be spending 3 - 4 months at a time in Canada and it might not be convenient for him to come back to do any required stuff (biometrics, interview, etc). But I'm not sure what the current timeline on that is because I haven't researched that step yet.

Thanks everyone for the great advice!

[Reba 2]

He will still have to come back for an EAD biometrics appointment, probably about 4 to 6 weeks after he sends in the application.