Can i not work/travel untill I have done the AOS?

[CapeG 1]

I am a little confused, It was my understanding that if i enter into the US on a K3 visa then i can travel to and fro on it without any problems.

Earlier i read something that made me think i can not leave the country untill I have compleated the AOS process and have my green card.

Also can i not work untill this process has gone through? And what about things like getting a drivers licence, will i not need a ssn to do this?

I cant find a guide or anything that explains what you can and cant do on entering the us!

Please

[john_and_marlene 162]

I am a little confused, It was my understanding that if i enter into the US on a K3 visa then i can travel to and fro on it without any problems.

Earlier i read something that made me think i can not leave the country untill I have compleated the AOS process and have my green card.

Also can i not work untill this process has gone through? And what about things like getting a drivers licence, will i not need a ssn to do this?

I cant find a guide or anything that explains what you can and cant do on entering the us!

Please

K-3 is a multiple entry visa. You don't have to wait for anything to travel.

You don't have to apply for AOS before you can work. You just need to apply for EAD. Many apply for both at the same time, but AOS is not required with/before EAD for K-3

You may have been reading posts regarding K-1 or the information may have been incorrect.

[maryandatif 0]

I am a little confused, It was my understanding that if i enter into the US on a K3 visa then i can travel to and fro on it without any problems.

Earlier i read something that made me think i can not leave the country untill I have compleated the AOS process and have my green card.

Also can i not work untill this process has gone through? And what about things like getting a drivers licence, will i not need a ssn to do this?

I cant find a guide or anything that explains what you can and cant do on entering the us!

Please

While the K-3 is a multi-entry Visa, It is STONGLY suggested [at least by our Lawyer] to not risk it by traveling out of the country without AP or just waiting out the time for the AOS to go through. Immigration at the POE has the say-so if you are allowed into the US again--remember.

While entering on a K-3 allows you to be with your family here , sadly enough, K-3s are NOT allowed to work until after that have their EAD [if Applied for at the same time as AOS] or have their Green Card in hand. K-3s cannot get their Social Security Number until they have at least the EAD in hand....Social Security guidelines

After all of that--EAD first then SSN...then you can work. or wait until the green cared arrives then SSN then work.

If I'm wrong.....somebody correct me.

Mary K.

[Kez/JWolf 6]

1. working..... a K3 holder can file for a EAD as soon as they get here.... they do not have to file for AOS and EAD together... they can wait and file for AOS if they are not doing CR1..

2. Travel.... The K3 visa is a multi entry visa and there is nothing wrong with using it to travel...

3. SSN..... as soon as you have your EAD you can apply for your SSN..

Hope this helps

Kezzie

[john_and_marlene 162]

I am a little confused, It was my understanding that if i enter into the US on a K3 visa then i can travel to and fro on it without any problems.

Earlier i read something that made me think i can not leave the country untill I have compleated the AOS process and have my green card.

Also can i not work untill this process has gone through? And what about things like getting a drivers licence, will i not need a ssn to do this?

I cant find a guide or anything that explains what you can and cant do on entering the us!

Please

While the K-3 is a multi-entry Visa, It is STONGLY suggested [at least by our Lawyer] to not risk it by traveling out of the country without AP or just waiting out the time for the AOS to go through. Immigration at the POE has the say-so if you are allowed into the US again--remember.

While entering on a K-3 allows you to be with your family here , sadly enough, K-3s are NOT allowed to work until after that have their EAD [if Applied for at the same time as AOS] or have their Green Card in hand. K-3s cannot get their Social Security Number until they have at least the EAD in hand....Social Security guidelines

After all of that--EAD first then SSN...then you can work. or wait until the green cared arrives then SSN then work.

If I'm wrong.....somebody correct me.

Mary K.

I've never heard of a K-3 getting AP. It doesn't make sense. Being granted entry using the K-3 is VERY different than being granted parole using an AP. Entry is a much safer position than parole. I can't understand why your lawyer would say such a thing.

Yes, immigration always has a say at the POE letting you in. Your position is no greater to be let in with AP than with the visa. However, your position after entering, is much better with the visa than with AP. If you have been paroled, you give up any right of appeal.

[maryandatif 0]

I am a little confused, It was my understanding that if i enter into the US on a K3 visa then i can travel to and fro on it without any problems.

Earlier i read something that made me think i can not leave the country untill I have compleated the AOS process and have my green card.

Also can i not work untill this process has gone through? And what about things like getting a drivers licence, will i not need a ssn to do this?

I cant find a guide or anything that explains what you can and cant do on entering the us!

Please

While the K-3 is a multi-entry Visa, It is STRONGLY suggested [at least by our Lawyer] to not risk it by traveling out of the country without AP or just waiting out the time for the AOS to go through. Immigration at the POE has the say-so if you are allowed into the US again--remember.

While entering on a K-3 allows you to be with your family here , sadly enough, K-3s are NOT allowed to work until after that have their EAD [if Applied for at the same time as AOS] or have their Green Card in hand. K-3s cannot get their Social Security Number until they have at least the EAD in hand....Social Security guidelines

After all of that--EAT first then SAN...then you can work. or wait until the green cared arrives then SAN then work.

If I'm wrong.....somebody correct me.

Mary K.

EDIT TO SAY: I filed the K-3 for my husband and am now waiting for A'S....Atif had his Biometrics done on AUG 18 and we are now waiting for his EAT to arrive so he may go to work....hopefully next month----and how it was explained to me----K-3 has to file for A'S and EAT together.

[john_and_marlene 162]

I am a little confused, It was my understanding that if i enter into the US on a K3 visa then i can travel to and fro on it without any problems.

Earlier i read something that made me think i can not leave the country untill I have compleated the AOS process and have my green card.

Also can i not work untill this process has gone through? And what about things like getting a drivers licence, will i not need a ssn to do this?

I cant find a guide or anything that explains what you can and cant do on entering the us!

Please

While the K-3 is a multi-entry Visa, It is STRONGLY suggested [at least by our Lawyer] to not risk it by traveling out of the country without AP or just waiting out the time for the AOS to go through. Immigration at the POE has the say-so if you are allowed into the US again--remember.

While entering on a K-3 allows you to be with your family here , sadly enough, K-3s are NOT allowed to work until after that have their EAD [if Applied for at the same time as AOS] or have their Green Card in hand. K-3s cannot get their Social Security Number until they have at least the EAD in hand....Social Security guidelines

After all of that--EAT first then SAN...then you can work. or wait until the green cared arrives then SAN then work.

If I'm wrong.....somebody correct me.

Mary K.

EDIT TO SAY: I filed the K-3 for my husband and am now waiting for A'S....Atif had his Biometrics done on AUG 18 and we are now waiting for his EAT to arrive so he may go to work....hopefully next month----and how it was explained to me----K-3 has to file for A'S and EAT together.

It appears that you have been given bad information regarding many issues.

[Kez/JWolf 6]

You sure have been given bad advice.... if you are paying for this advice you may want to question all the information...

K3 visa allows you to be with your loved one.... you then have a choice to do AOS or return to your home country for the CR1 interview and return with CR1 (greencard) on entry....

Kezzie

[am1996 0]

Being granted entry using the K-3 is VERY different than being granted parole using an AP. Entry is a much safer position than parole.

Would you mind elaborating on the portion of your statement above, as all my information conflicts with it.

As I've previously posted, in the context of an AOS petition, "continuous legal presence" in the US since the filing of the adjustment of status petition is one of the legal requirements for qualification. Congress provided a narrow exception to the physical presence requirement by directing that "an alien shall not be considered to have failed to maintain continuous physical presence in the United States for the purposes of sub paragraph (A) by virtue of brief, casual, and innocent absences from the United States." 8 U.S.C. 1255a(a)(3)(B ). The Attorney General, by regulation, interpreted an absence to be "brief, casual, and innocent" only if the alien obtained advance parole before leaving the United States or if the departure was out of the alien's control. 8 C.F.R. 245a.2(B )(6). "Advance parole" consists of the Attorney General's regulatory pre-authorization for an alien to be paroled into the United States upon arrival at the border without the appropriate visa or other documents necessary to enter lawfully. 8 C.F.R. 212.5(f).

The Board of Immigration Appeals has interpreted the statutory exception to the continuous physical presence requirement for "brief, casual, and innocent absences" as only preserving the alien's eligibility for legalization under the Immigration Reform and Control Act, and not as a substantive redefinition of an entry into the United States for other immigration purposes. In re Singh, 21 I. & N. Dec. 427, 434-435 & n.8 (1996) (en banc).

All that this appears to mean is that for the purposes of the "continuous presence requirement" found in AOS statutes, authorized brief, casual, and innocent absences are not deemed legal "departures" and/or "readmissions" to/from the US. For all other purposes, your rights, privileges and obligations under the law remain exactly the same as if you had to qualify for an "entry" under the applicable statutes. Likewise, as far as the ease of entry is concerned, it should not and, based on the analysis above, does not matter whether you are granted an "entry" into the US under K3 or whether you use AP to enter the US while you were previously here on a valid K3 visa. As such, for substantive legal purposes, being granted entry under a K-3 visa should be no different that entering the country via AP.

P.S.

Please do not misinterpret this post to mean that AOS applicants who have otherwise committed infractions of US immigration laws can leave and reenter the US with impunity if they just obtain advance parole (they can't). That issue is completely separate and distinct from the distinctions that are being discussed above.

The reason that's the case is because the courts have generally construed the "brief, casual and innocent" absences exception I discussed above as only applicable to the "continuous physical presence" requirement of legalization. It does not affect the generally applicable definition of what constitutes an "entry" into the United States under the law, since the courts have also inferred that Congress only intended to bestow travel privileges on lawful temporary residents (as opposed to the ones who were here unlawfully prior to their departure). This allows the border patrol to review the "entry" for compliance with all other legal requirements (other than the "continuous physical presence" requirement of AOS eligibility) which causes may cause significant problems for people who violated immigration laws prior to their departure.

Edited August 24, 2006 by am1996

[Dr_LHA 3]

While the K-3 is a multi-entry Visa, It is STONGLY suggested [at least by our Lawyer] to not risk it by traveling out of the country without AP or just waiting out the time for the AOS to go through. Immigration at the POE has the say-so if you are allowed into the US again--remember.

You only need an AP if you've applied for AOS. If you haven't then the K-3 visa still works and you can re-enter the country with no problem. I assume your lawyer was referring to the fact that the K-3 visa becomes invalid once you apply for AOS, and you should not risk trying to use it to re-enter the country after AOS has been filed.

Edited August 24, 2006 by dr_lha

[motu 6]

the K-3 visa becomes invalid once you apply for AOS, and you should not risk trying to use it to re-enter the country after AOS has been filed.

Is this correct? We did the K1 but I was under the impression that K3 is much better because of the travel benefits but if they are void once AOS is filed then K3 is really not that much better (from the travel angle.)

[john_and_marlene 162]

While the K-3 is a multi-entry Visa, It is STONGLY suggested [at least by our Lawyer] to not risk it by traveling out of the country without AP or just waiting out the time for the AOS to go through. Immigration at the POE has the say-so if you are allowed into the US again--remember.

You only need an AP if you've applied for AOS. If you haven't then the K-3 visa still works and you can re-enter the country with no problem. I assume your lawyer was referring to the fact that the K-3 visa becomes invalid once you apply for AOS, and you should not risk trying to use it to re-enter the country after AOS has been filed.

I would like to know where you found that information. Do you have a link that you can provide?

[Dr_LHA 3]

Guys sorry. I was wrong about the K-3. You can continue to travel on it after you have applied for AOS. I thought this was only possible for H-1B and O-1 visas. My apologies.

http://travel.state.gov/visa/laws/telegram...grams_1431.html

Use of the K3/K4 NIV to Travel Outside the United States

--------------------------------------------------------

38. According to the BCIS rule, "aliens present in the United States in a K3/K4 nonimmigrant classification may travel outside of the United States and return using their nonimmigrant K3/K4 visa, even if they have filed for adjustment of status in the U.S. prior to departure "The Service will not presume that departure constitutes abandonment of an adjustment application that has been filed."

[maryandatif 0]

sorry----

Edited August 24, 2006 by maryandatif