Adjustment of Status Question

[BrianinAZ 0]

There is a Form to file after the adjustment of status paper work has been submitted if a k3/k4 visa will expire before the adjustment of status is processed that allows the visa holder to remain in the US while the adjustment of status is processed even though the k3/k4 visa has expired. Does anyone know which form(s) need to be filed? Thanks

[Gary and Alla 3,694]

There is a Form to file after the adjustment of status paper work has been submitted if a k3/k4 visa will expire before the adjustment of status is processed that allows the visa holder to remain in the US while the adjustment of status is processed even though the k3/k4 visa has expired. Does anyone know which form(s) need to be filed? Thanks

Your I-797C notice of receipt is all you need. It will be sent to you when you file the I-485. Keep a copy with the passport/visa. It shows you have applied to adjust status

[BrianinAZ 0]

Gary and Alla,

Thanks, I was pretty sure I had read there was a form to file only within 2-3 weeks of the visa expiration which when approved allowed the visa holders to remain in the US. Our K3/k4 expires 2/10/11 and we will get the AOS papers in next week so I'm figuring the visa will expire before the AOS is approved.

[Gary and Alla 3,694]

Gary and Alla,

Thanks, I was pretty sure I had read there was a form to file only within 2-3 weeks of the visa expiration which when approved allowed the visa holders to remain in the US. Our K3/k4 expires 2/10/11 and we will get the AOS papers in next week so I'm figuring the visa will expire before the AOS is approved.

No, there is no other form to file and I do not know what you may be referring to. Maybe removal of conditions? That has to be filed within 90 days of the expiration of the conditional green card.

Since your K-3 is expiring (2 years) your wife will receive an unconditional (10 year) green card. Yes, her visa will expire before the green card is issued. The I-797C receipt (commonly called the NOA1 on VJ) will serve as her proof that she is "legal" and has filed to continue her status in the US. It IS NOT an advance parole and WILL NOT get her re-admitted to the US. She should not LEAVE the country until she has her new green card, but she is welcome to remain here. You could file for an AP if you think she must leave during this time but it will cost you $340 to do so whether you use it or not.

Keep in mind that the purpose of a VISA is to allow ENTRY into the US. A visa expiring has nothing to do with whether one can remain in the US, that is determined by her status as an immigrant or not or by the expiration of an authorization to stay (I-94) in the case of a visitor. The K-3 is a multi entry visa with an expiration date, that is all. The K-1 is a single entry visa that is cancelled when the fiancee arrives. K-1s, essentially, have an "expired" visa the moment they enter the country.

Edited October 13, 2010 by Gary and Alla

[Darnell 8,478]

*** moving to AOS/family forum ***

[finallyfree 2]

There is a Form to file after the adjustment of status paper work has been submitted if a k3/k4 visa will expire before the adjustment of status is processed that allows the visa holder to remain in the US while the adjustment of status is processed even though the k3/k4 visa has expired. Does anyone know which form(s) need to be filed? Thanks

It's form I-539 - http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=94d12c1a6855d010VgnVCM10000048f3d6a1RCRD

EDIT:

After re-reading your post...i don't think you need to file for extension if you're planning to send the AOS paperwork soon. You could be approved and have the greencard long before the K3 visa expires. JMO

Edited October 13, 2010 by finallyfree

[BrianinAZ 0]

Finallyfree,

Thanks, that's what I was looking for. Looking at your time line your's was just under 4 months. We're just under that now so we will be cutting it close. From my understanding you can't file the I-539 until 2-3 weeks before the visa is due to expire but I wanted to know what needs to be done and have the forms ready in case I get to that point without an approved AOS.

Gary and Alla,

Thanks for the reply but I don't think "Keep in mind that the purpose of a VISA is to allow ENTRY into the US. A visa expiring has nothing to do with whether one can remain in the US, that is determined by her status as an immigrant or not or by the expiration of an authorization to stay (I-94) in the case of a visitor." is quite correct. A K3 is a non-immigrant visa. Once the visa expires the holder is no longer in the country legally.

From the USCIS web site (see link from finallyfree) "Purpose of Form :

For nonimmigrants to request extensions of stay or changes from one nonimmigrant category to another nonimmigrant category. Please see the form's instructions for your specific nonimmigrant visa category. It is used by F and M nonimmigrants seeking reinstatement of status. It is also used by K-3/4 nonimmigrants to request extensions of stay"

"K-3/4 Nonimmigrants:

Use this form to obtain an extension of K-3/4 status while your permanent residence case is being processed. You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request renewal of your employment authorization. You may travel outside of the United States and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa."

Brian