K3 status after visa expires and pending AOS?

[amysaid 9]

My husband is here on a K3 visa, working with an EAD. We applied for AOS in December and have completed biometrics, but his visa expires in June. Our local office is backed up at least five months, so it could potentially be close to when his visa expires. We were looking into the K3 extension because it has to be filed at least 120 days before expiration of the visa, which would be this month. I am just not sure if it is really necessary or not. I usually run by a "better safe than sorry" mentality, but at the same time, if I don't have to throw $300 away on something we may not even need, I am all for it! Any help would be appreciated, as my search results have been pretty unclear. Thanks!

[Harpa Timsah 13,258]

Hopefully an older member will answer, as I am not 100% sure on the K3 visa, as is not available anymore, but I can tell you the following. I'm not sure the ins and outs of travel with an expired K-3 visa (whether or not you you could get a advance parole) but if you plan to stay here, you are in a period of authorized stay while your I-485 is pending, even if your K-3 expires. If no travel plans, no extension is needed. Good luck.

Edited February 10, 2011 by Harpa Timsah

[marriedtomrg 141]

When did your husband arrive? What you should be looking at is his I-94...which should be good for 2 years. The moment you filed for AOS, this helps keep your husband's status intact until the green card is approved.

The K3 is also a multiple entry visa, so if he decides to travel he may re-enter the US with it, as long as he is not away for more than 6 months.

My husband is here on a K3 visa, working with an EAD. We applied for AOS in December and have completed biometrics, but his visa expires in June. Our local office is backed up at least five months, so it could potentially be close to when his visa expires. We were looking into the K3 extension because it has to be filed at least 120 days before expiration of the visa, which would be this month. I am just not sure if it is really necessary or not. I usually run by a "better safe than sorry" mentality, but at the same time, if I don't have to throw $300 away on something we may not even need, I am all for it! Any help would be appreciated, as my search results have been pretty unclear. Thanks!

Edited February 10, 2011 by marriedtomrg

[amysaid 9]

Thanks both of you his I94 doesn't expire until September, Likewise his EAD. We don't have any travel plans, and he's said even if there's a family emergency he won't travel home, so that part shouldn't be an issue. Is it similar to a K1 visa status post-marriage, when you're in limbo until AOS is complete?

[pushbrk 12,876]

Thanks both of you his I94 doesn't expire until September, Likewise his EAD. We don't have any travel plans, and he's said even if there's a family emergency he won't travel home, so that part shouldn't be an issue. Is it similar to a K1 visa status post-marriage, when you're in limbo until AOS is complete?

Similar yes. Bear in mind that regardless of the expiration date of the visa itself, his authorized stay and EAD are what allows him to stay and work. September should be long enough to complete adjusting status. The only thing he can't do that's tied to the visa expiration date is to use it to enter the USA. I wouldn't extend the visa unless he has travel plans. A new I-94 can be issued if he takes a quick trip to any other country, if you'd rather be that much safer than sorry. It's about a five hour drive to the Canadian border, or a wonderful weekend trip to Victoria in May, sounds nice.

Edited February 11, 2011 by pushbrk

[amysaid 9]

Thank you! That was just the clarification I was looking for.