How long to enter US after K3 approval???

[myrtle1980 0]

Hi,

Does anyone know after your K-3 is approved how long you have to enter the US? My husband needs to stay about a month after approval. Also our I-30 was approved so will that cause any problems if he has not entered and it begins moving???? Thanks

[JRluvsLhyn 0]

Hi,

Does anyone know after your K-3 is approved how long you have to enter the US? My husband needs to stay about a month after approval. Also our I-30 was approved so will that cause any problems if he has not entered and it begins moving???? Thanks

Your visa is valid for 6 months. Your I-130 will not cause any problem once K3 visa is issued. it will keeps on moving if you choose to proceed the process, it's all your choice!

[aussiewench 9]

myrtle

The K-3 visa is a multiple entry visa, valid for 2 years. Different from a K-1 that is valid for six months for a single entry into the US.

[Reba 2]

actually, the first reply was correct. Once you've received the K3 in your passport, you have up to 6 months to activate it before it will be necessary to start all over again.

Alternatively, Wench's reply is also sort of correct, in that because the K3 is multiple entry 2 yr visa, even if he hasn't settled all his affairs back home, he can still come to the US and activate the K3 and then return to do whatever he needs to do.

[aussiewench 9]

actually, the first reply was correct. Once you've received the K3 in your passport, you have up to 6 months to activate it before it will be necessary to start all over again.

Alternatively, Wench's reply is also sort of correct, in that because the K3 is multiple entry 2 yr visa, even if he hasn't settled all his affairs back home, he can still come to the US and activate the K3 and then return to do whatever he needs to do.

Reba

I'm not so sure and would like confirmation of such from a K-3'er that recieved something that stated they have 6 months to activate. Or is this something that is just assumed and continues to be perpetuated.

eg

K-1 visa has a date valid to 6 months from issue of visa. Is a single entry visa. Has 6 months to enter. AP needed to travel outside the US.

CR-1 visa has a date valid to 6 months from issue of visa. Green card is usually in hand 3-4 weeks after entry but the CR-1 with the date added on entry can be used as a temporary one. No AP needed to travel outside the US.

K-3 visa has a date valid to 2 years from issue of visa. Multi entry visa. How does that state one only has 6 months to activate???? No AP needed to travel outside the US. I have searched on DOS, telegrams to consulaes and all over, and nowhere do I see anything other then that it is valid for 2 years. No mention of 6 months to activate a K-3 as it does for a K-1.

Anyone?????

[Yodrak 7]

Interesting question. I've looked at my wife's K3 visa and it has an expiration date that is 2 years from the date of issue (word of caution to those who might say without thinking that the visa can be used for travel for 2 years from the date of entry to the USA....) Nothing on it indicates that a first use must be made within 6 months.

Rhetorical question - how soon must one use a B2 visa that has an expiration date that is 10 years from the date of issue? What makes a K3 visa any different?

As an aside, I intensely dislike the phrase 'activate the visa' used to describe the act of entering the USA using the visa. The visa becomes 'active' - one can use the visa - as soon as it has been issued. And for the K1 and immigrant visas one can no longer use the visas after one has used them to enter the USA - they are 1-entry visas. Seems to me that entry de-activates the visas rather than activates them. Maybe George Carlin can enlighten me on this.

In any event, Myrtle's husband wants to come to the USA about a month after receiving his visa - he's fine, it's moot issue.

Yodrak

actually, the first reply was correct. Once you've received the K3 in your passport, you have up to 6 months to activate it before it will be necessary to start all over again.

Alternatively, Wench's reply is also sort of correct, in that because the K3 is multiple entry 2 yr visa, even if he hasn't settled all his affairs back home, he can still come to the US and activate the K3 and then return to do whatever he needs to do.

Reba

I'm not so sure and would like confirmation of such from a K-3'er that recieved something that stated they have 6 months to activate. Or is this something that is just assumed and continues to be perpetuated.

eg

K-1 visa has a date valid to 6 months from issue of visa. Is a single entry visa. Has 6 months to enter. AP needed to travel outside the US.

CR-1 visa has a date valid to 6 months from issue of visa. Green card is usually in hand 3-4 weeks after entry but the CR-1 with the date added on entry can be used as a temporary one. No AP needed to travel outside the US.

K-3 visa has a date valid to 2 years from issue of visa. Multi entry visa. How does that state one only has 6 months to activate???? No AP needed to travel outside the US. I have searched on DOS, telegrams to consulaes and all over, and nowhere do I see anything other then that it is valid for 2 years. No mention of 6 months to activate a K-3 as it does for a K-1.

Anyone?????

Edited August 14, 2006 by Yodrak

[KimTung 0]

Aussiewench,

I would like to ask if I enter on a K3 visa which has a 2 years validity then I choose to stay in US and do the AOS, will I still be able to travel outside US without AP or I need to wait for my GC?

thanks,

Kim

[Erick 0]

Aussiewench,

I would like to ask if I enter on a K3 visa which has a 2 years validity then I choose to stay in US and do the AOS, will I still be able to travel outside US without AP or I need to wait for my GC?

thanks,

Kim

You can travel with the K3 without advance parole as long as the visa is still valid upon entry. The advance parole is only needed if you are adjusting from another category such as H1, L1, B2, etc. It is done to preserve your application for adjustment otherwise the applicant would need to re-apply or if they are using a B2 visa they may be subject to the 212(a)(7)(A)(i) charge as an immigrant w/o a valid immigrant visa. You will be given 2 years from the time that you initially enter the US as a K3 and be given the remainder of the 2 years for each entry there after.

[Reba 2]

AFAIK, the answer came directly from a Con Off several years ago (of course I've been around that long now). Yes, the K3 visa is valid for 2 years After you enter the US and have the I-94 stapled into the passport. I got my K3 in September 2004, and entered the US in October of 2004, my I-94 was dated to expire 2 years from my entry date, not 2 years from the date the K3 was stamped in my passport.

I'd check my I-94 for you for absolute proof, but I don't have it anymore, they remove it once you get AOS completed.

I know there are others here over the past few years who have had to wait to activate ( Yodrak) the K3 for months after they've received it, and they've not had those months shaved off their I-94 from what I can recall.

When in doubt, call the consulate or a POE directly and ask them.

[Yodrak 7]

Reba,

Not sure what you mean by time "shaved off their I-94".

I will note that a visa gives one permission to appear at a US POE and request entry to the USA, while the I-94 represents having been granted entry (or parole) and indicates how long one is authorized to stay.

Two different things. So while a K3 visa may be good for 2 years and the allowed stay may be 2 years the two 2-year periods will not coincide. I think this is the same thing that you said?

Yodrak

..... Yes, the K3 visa is valid for 2 years After you enter the US and have the I-94 stapled into the passport. I got my K3 in September 2004, and entered the US in October of 2004, my I-94 was dated to expire 2 years from my entry date, not 2 years from the date the K3 was stamped in my passport.

I'd check my I-94 for you for absolute proof, but I don't have it anymore, they remove it once you get AOS completed.

I know there are others here over the past few years who have had to wait to activate ( Yodrak) the K3 for months after they've received it, and they've not had those months shaved off their I-94 from what I can recall.

When in doubt, call the consulate or a POE directly and ask them.

Edited August 16, 2006 by Yodrak

[Reba 2]

bah...who knows anymore?

like I said, when in doubt, call the consulate and/or POE