Visa needed for travelling

[toneman 0]

Hi,

I was wondering if I needed to apply for an AP to travel outside the US while my AOS & EAD are pending if I get a K3 non immigrant visa or not(through the K-1 process)? I am a canadian citizen and right now I don't need a visa to come into the US.

Thanks

Tony

[Yodrak 7]

Tony,

AP does not allow a person to travel outside the US while their AOS is pending - it allows them to ask to be paroled back into the USA, and keeps their AOS application alive, having left the USA.

A K3 does not need AP as long as their visa remains valid - it's a multi-entry visa so they can re-enter (better than being paroled in), and their AOS application is not considered abandoned by the act of having left.

Yodrak

Hi,

I was wondering if I needed to apply for an AP to travel outside the US while my AOS & EAD are pending if I get a K3 non immigrant visa or not(through the K-1 process)? I am a canadian citizen and right now I don't need a visa to come into the US.

Thanks

Tony

[toneman 0]

Thanks!!

Tony,

AP does not allow a person to travel outside the US while their AOS is pending - it allows them to ask to be paroled back into the USA, and keeps their AOS application alive, having left the USA.

A K3 does not need AP as long as their visa remains valid - it's a multi-entry visa so they can re-enter (better than being paroled in), and their AOS application is not considered abandoned by the act of having left.

Yodrak

Hi,

I was wondering if I needed to apply for an AP to travel outside the US while my AOS & EAD are pending if I get a K3 non immigrant visa or not(through the K-1 process)? I am a canadian citizen and right now I don't need a visa to come into the US.

Thanks

Tony

[Vali 0]

As long as your K3 visa is valid you don't need to apply for AP.

But you will have to, after your K3 visa expires. Also ( for future reference)if you have an Adjustment of Status application pending you do not need to extend your K3 non immigrant status after your K3 visa expires.