AOS Denial and K3 Visa

[Free 0]

Hello Guys,

I wonder if you could help me on my issue.

I entered the Us on a K3 non immigrant visa and i was admitted for 2 years back in March 2010, i applied for adjustment of status while in the Us and later on i left the Us while my AOS was pending, unfortunately my AOS got denied due to the fact that our joint sponsor did not file the last yearly taxt return and we were given 30 days to file a motion or reoepn the case but we did not file because my wife thought that a Senator"s inquiry could help but it did not. I have been in Morocco for 10 months now because my Dad was in emergency suffering from a Tumor and he passed away last March so my question is:

Am i still able to re-enter the Us using my k3 visa which is still valid until March 2012 knowing that my AOS got denied?

The senator's secretary made some inquiries and she was told from a CBP officers at a port of entry that i could still reenter the Us using my valid k 3 visa despite tha AOS denial and that i would be admitted but i would also be questionned at the port of entry and i should carry my marriage license and the i-130 approved petition and proof that my Dad's passed away.

please advise as i need a response very urgently to join my wife in The Us.

I would be very greatful if you could help me get a clear picture on my case.

I look forward to heating from you soon.

Sincerly yours,

Said

[Krikit 1,165]

Unless I am wrong, the K-3 visa was issued and endorsed and is no longer valid. Therefore it cannot be used again. I am going to move your thread from the K-1 Progress forum over to Effects of Major Changes. You're likely to get more help over there.

[Adil & Jeanne 296]

the way I understand it is after you enter US using the granted visa, it is no longer valid. Did you get permission to return for the emergency? It would be worth consuoting and attorney and asking this question. they may have suggestion better than reapplying for CR-1. I am supposing you have worked in last 2 years and can redo the support portion of your request.

Hello Guys,

I wonder if you could help me on my issue.

I entered the Us on a K3 non immigrant visa and i was admitted for 2 years back in March 2010, i applied for adjustment of status while in the Us and later on i left the Us while my AOS was pending, unfortunately my AOS got denied due to the fact that our joint sponsor did not file the last yearly taxt return and we were given 30 days to file a motion or reoepn the case but we did not file because my wife thought that a Senator"s inquiry could help but it did not. I have been in Morocco for 10 months now because my Dad was in emergency suffering from a Tumor and he passed away last March so my question is:

Am i still able to re-enter the Us using my k3 visa which is still valid until March 2012 knowing that my AOS got denied?

The senator's secretary made some inquiries and she was told from a CBP officers at a port of entry that i could still reenter the Us using my valid k 3 visa despite tha AOS denial and that i would be admitted but i would also be questionned at the port of entry and i should carry my marriage license and the i-130 approved petition and proof that my Dad's passed away.

please advise as i need a response very urgently to join my wife in The Us.

I would be very greatful if you could help me get a clear picture on my case.

I look forward to heating from you soon.

Sincerly yours,

Said

[JimVaPhuong 4,863]

Hello Guys,

I wonder if you could help me on my issue.

I entered the Us on a K3 non immigrant visa and i was admitted for 2 years back in March 2010, i applied for adjustment of status while in the Us and later on i left the Us while my AOS was pending, unfortunately my AOS got denied due to the fact that our joint sponsor did not file the last yearly taxt return and we were given 30 days to file a motion or reoepn the case but we did not file because my wife thought that a Senator"s inquiry could help but it did not. I have been in Morocco for 10 months now because my Dad was in emergency suffering from a Tumor and he passed away last March so my question is:

Am i still able to re-enter the Us using my k3 visa which is still valid until March 2012 knowing that my AOS got denied?

The senator's secretary made some inquiries and she was told from a CBP officers at a port of entry that i could still reenter the Us using my valid k 3 visa despite tha AOS denial and that i would be admitted but i would also be questionned at the port of entry and i should carry my marriage license and the i-130 approved petition and proof that my Dad's passed away.

please advise as i need a response very urgently to join my wife in The Us.

I would be very greatful if you could help me get a clear picture on my case.

I look forward to heating from you soon.

Sincerly yours,

Said

Your K3 was cancelled when your AOS was denied. The period of time for you to petition to reopen the AOS case has expired. I don't see any statutory basis for CBP to parole you into the US. You can no longer adjust status based on the K3. I think you have to return to the consulate and apply for a CR1 visa now, since your approved I-130 should still be valid.