Question regarding K3/K4 visa and I-94

[miggsy63 0]

I entered the US on a K3 visa (with child on K4) on the 13th Dec to join my US citizen husband. The visa is valid until Dec 2011. Perhaps I am naive, but I thought that I could stay in the US under this visa until Dec 2011, during which time I could either change my status or wait for my I-130 to run its course.

I only noticed last week that our I-94's which have been stapled into our passports state that we were admitted on Dec 13 2009 on class K3/K4 until March 13 2010. It says on the back of the I-94 that we are authorized to stay in the US only until the date written on the form, ie March 13 2010, only 90 days after our arrival!! I thought that this must have been an error.

I called the USCIS and they say that I have to leave the country by March 13th if I have not filed for my adjustment of status by that time. I was unprepared for this, I thought I could adjust at anytime during my K3 validity. I do not wish to apply to adjust before the 13th March, I had planned to wait until the summer. It could be that I decide not to adjust at all and just wait for the I-130 but it appears that this option has been taken from me.

Is this usual procedure? Any advice would be appreciated.

[Darnell 8,479]

Somethings wonky.

As I learned it, the 'validity dates' on the K-3 visa itself (by a stamp) trumps the I-94 expiration date.

BUT - you got one answer from one phone call.

Call 3 times, explain you are K-3 each time, write down the answers you get, study them. I'm betting it will NOT be the same answer.

I also suggest that the CBP person messed up on yer I-94.

If you really get snarled up about this - make an infopass appointment, go in person, and have them suss it all out. IMO - the opinion you got from that USCIS tele-operator, is wrong.

Edited January 1, 2010 by Darnell

[Darnell 8,479]

----

re: I-130 to run it's course -

1. the USC will have to follow up with the I-130 at NVC , if he's not done that already ...

2. was 2nd I-130 filed for the child, concurrently? If not, then there's something else to do (can't remember exactly which path to take, there ).

Good Luck !

[Dakine 26]

I entered the US on a K3 visa (with child on K4) on the 13th Dec to join my US citizen husband. The visa is valid until Dec 2011. Perhaps I am naive, but I thought that I could stay in the US under this visa until Dec 2011, during which time I could either change my status or wait for my I-130 to run its course.

I only noticed last week that our I-94's which have been stapled into our passports state that we were admitted on Dec 13 2009 on class K3/K4 until March 13 2010. It says on the back of the I-94 that we are authorized to stay in the US only until the date written on the form, ie March 13 2010, only 90 days after our arrival!! I thought that this must have been an error.

I called the USCIS and they say that I have to leave the country by March 13th if I have not filed for my adjustment of status by that time. I was unprepared for this, I thought I could adjust at anytime during my K3 validity. I do not wish to apply to adjust before the 13th March, I had planned to wait until the summer. It could be that I decide not to adjust at all and just wait for the I-130 but it appears that this option has been taken from me.

Is this usual procedure? Any advice would be appreciated.

Sound like they thought you guys were K1/K2. Make a infopass or go back to the airport and get it changed.

[miggsy63 0]

You are exactly right. I just called customs at the airport I arrived at and they did indeed make an error, giving me 90 days in line with a K1 visa. I have to go back and have the I-94 re-issued with a date corresponding with my K3.

Thank you

Edited January 1, 2010 by miggsy63

[Dakine 26]

You are exactly right. I just called customs at the airport I arrived at and they did indeed make an error, giving me 90 days in line with a K1 visa. I have to go back and have the I-94 re-issued with a date corresponding with my K3.

Thank you

You're welcome! Happy New Year.

[pushbrk 13,043]

I entered the US on a K3 visa (with child on K4) on the 13th Dec to join my US citizen husband. The visa is valid until Dec 2011. Perhaps I am naive, but I thought that I could stay in the US under this visa until Dec 2011, during which time I could either change my status or wait for my I-130 to run its course.

I only noticed last week that our I-94's which have been stapled into our passports state that we were admitted on Dec 13 2009 on class K3/K4 until March 13 2010. It says on the back of the I-94 that we are authorized to stay in the US only until the date written on the form, ie March 13 2010, only 90 days after our arrival!! I thought that this must have been an error.

I called the USCIS and they say that I have to leave the country by March 13th if I have not filed for my adjustment of status by that time. I was unprepared for this, I thought I could adjust at anytime during my K3 validity. I do not wish to apply to adjust before the 13th March, I had planned to wait until the summer. It could be that I decide not to adjust at all and just wait for the I-130 but it appears that this option has been taken from me.

Is this usual procedure? Any advice would be appreciated.

You need corrected I-94 forms. Contact the nearest CBP office and arrange for them to correct their mistake.