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Posted

The biggest problem with filing after going out of status, is that you won't be able to leave the country until AOS is approved, even if you have an AP document. Doing so may lead you to be banned from re-entering the USA for some years.

USCIS forgives any out of status time for people doing AOS through marriage to a USC. However I agree with Kezzie, you are better off filing for AOS before your K-3 expires, to avoid any "hiccups".

Filed: Country: United Kingdom
Timeline
Posted (edited)
The biggest problem with filing after going out of status, is that you won't be able to leave the country until AOS is approved, even if you have an AP document. Doing so may lead you to be banned from re-entering the USA for some years.

USCIS forgives any out of status time for people doing AOS through marriage to a USC. However I agree with Kezzie, you are better off filing for AOS before your K-3 expires, to avoid any "hiccups".

Thanks guys,

I was thinking of filing (if we stay here) around Feb/march 2007, 2-3 months before the k3 expires.

Edited by poppy
Filed: Other Timeline
Posted
Thanks guys,

I was thinking of filing (if we stay here) around Feb/march 2007, 2-3 months before the k3 expires.

check the processing times for your district office. Some can take well over a year, and if you wait til 3 months before your K3 expires, you'll be out of status for 9 months or more, unable to leave the country, or work or do pretty much anything.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Posted

Reba, if the OP files AOS before K3 runs out they won't be out of status at all.

However they will need EAD to work and AP to travel, but if they file both of those 3 months before K-3 expires also, should have them in hand by the time their K-3 runs out.

Posted

Hi poppy,

try to work on your AOS asap, you can never know how long the wait may be. some of the other vjers here wait for a year while some only for a short while. but no matter what, everyone still waits.

at least if you have it already done, you won't have to worry about it later.

goodluck.

chris

Filed: Timeline
Posted

poppy,

Consider your basis for adjusting status as a K3 - an approved I-130 petition. No action on that will eventually cause the approval to be withdrawn. Don't know how long the DoS or USCIS would let it sit, but that could become an issue you'll have to deal with.

Yodrak

I arrived hereon a K3 in May 2005 - am I right in thinking I have until May 07 to file the AOs (my K3 visa is vaild for 2 years).

I want to make sure we intend to stay here in the U.S before I go through the whole AOS process.....

Thanks

 
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