Our K3 is expiring and we do not have IR1 process done yet.

[user786 0]

We have an approved I-130 and a K3 visa and we are both living in Florida.

We had to wait for a long while until I cound find a family friend willing to Joint sponsor for the I-864 so we could coninue the IR1. AOS in Orlando, FL is taking wayyyyyy to long so we will travel back to Canada and do the IR1 interview in Motreal.

OK so now finally we have someone completely ready to do the I-864 joint sponsor and we are waiting to get the IV Fee bill still from NVC. Then we have to send that back and wait for DS230 and then send that back and then hopefully no RFE's and then wait for interview date for Montreal Consulate. Wife and I are both in Florida so we will be travelling back to Montreal for interview etc.

Problem is that her K3 is expiring in beginning of March 2007.

What happens if she travels out of USA to Canada (or anywhere else) in say January or February and then doesn't get an interview date in Montreal until say April or May 2007 ? Will she be stuck in Canada (or elsewhere overseas) not being able to travel back home to Florida because her K3 visa expired ? Is there some way to get the K3 extended so she can travel back and forth between Canada and Florida until the interview date is received in Montreal ? If there is a way to get K3 extended, how EXACTLY is it done, how long does it take to get the actual extension approved, how much is the cost and is it automatic or easy to get exended or is it a real fight with USCIS for the K3 extension ?

Oh and one more thing.....

The medicals and the police certificate etc that my wife got in Canada for the K3 interview are over 1 year old. Does this mean we have to do over all that stuff fresh again for the IR1 interview since they are over 1 year old ?

We have an approved I-130 and a K3 visa and we are both living in Florida.

We had to wait for a long while until I cound find a family friend willing to Joint sponsor for the I-864 so we could coninue the IR1. AOS in Orlando, FL is taking wayyyyyy to long so we will travel back to Canada and do the IR1 interview in Motreal.

OK so now finally we have someone completely ready to do the I-864 joint sponsor and we are waiting to get the IV Fee bill still from NVC. Then we have to send that back and wait for DS230 and then send that back and then hopefully no RFE's and then wait for interview date for Montreal Consulate. Wife and I are both in Florida so we will be travelling back to Montreal for interview etc.

Problem is that her K3 is expiring in beginning of March 2007.

What happens if she travels out of USA to Canada (or anywhere else) in say January or February and then doesn't get an interview date in Montreal until say April or May 2007 ? Will she be stuck in Canada (or elsewhere overseas) not being able to travel back home to Florida because her K3 visa expired ? Is there some way to get the K3 extended so she can travel back and forth between Canada and Florida until the interview date is received in Montreal ? If there is a way to get K3 extended, how EXACTLY is it done, how long does it take to get the actual extension approved, how much is the cost and is it automatic or easy to get exended or is it a real fight with USCIS for the K3 extension ?

[Reba 2]

there is a form to extend the K3 on the USCIS website, I don't remember what the form is EXACTLY tho. If she has an EAD she'll need to extend that as well. Should be done at least 3 months before the other expires.

When does her visa expire?

She may just want to get an AP if you're just a few months away from getting the IR1. and even with that, extended travel is not generally recommended.

Yes, she'll have to do another medical exam.

[zyggy 9]

Well.. you have some pretty big problems...

1) The K3 visa cannot be extended

2) You can extend your period of authorized stay via the K3 status by applying for an extension via Form I-539. However, this does not extend the travel permission portion of the K-3. It means that you can stay in the US under K-3 status, but since you do not have a K-3 visa, the status ends once you leave the US and you will not have any document allowing you to reenter as a K-3.

3) I believe that you are not eligible for AP since you are not awaiting adjudication of an I-485 in the US.

So your procrastination has essentially cost you your freedom. After the K-3 expires, you will not be able to leave the US until your CR-1 interview. Sorry.. that's the way it goes...

Yes, you will require new police certificates and a new medical exam.

If you want to have the travel permission, you'll have to file an I-485 and file an I-131 as well as an I-765 if you want to work as well.

Edited October 11, 2006 by zyggy

[user786 0]

Can anyone else comment on what zyggy has expressed ?

I am sure I have read in other places that you can definitely get a K3 extended AND use it for travel once you can prove that you have filed for your immigrant visa and are still waiting on interview. Also regarding authorized stay in USA, I have also read that after K3 expires while you are still in the USA that are as still considered in status AUTOMATICALLY once your AOS has already been filed.

The real question is.....Is this statement correct as made by zyggy ?

"You can extend your period of authorized stay via the K3 status by applying for an extension via Form I-539. However, this does not extend the travel permission portion of the K-3"

Once the K3 is extended, I would think travel would be just the same as with the original K3. The actual purpose of the K3 is to allow you to live and work and travel in and out of USA without restriction while waiting on your immigrant visa interview. So why would travel be specifically restricted if you extend the K3 ? He could be right or he could be wrong. I obviously just don't like hearing what was said and to me it doesn' t make sense. That is why I am questioning the statement for further clarification and input by other users who may know differently. Or I would even be satiisfied if others will backup zyggy's statement as being completely accurate with facts or personal experience. So at least I will know what to expect and what to do while moving forward.

I would really, really, REALLY like to get as many more comments on this as possible.

Thanks

Well.. you have some pretty big problems...

1) The K3 visa cannot be extended

2) You can extend your period of authorized stay via the K3 status by applying for an extension via Form I-539. However, this does not extend the travel permission portion of the K-3. It means that you can stay in the US under K-3 status, but since you do not have a K-3 visa, the status ends once you leave the US and you will not have any document allowing you to reenter as a K-3.

3) I believe that you are not eligible for AP since you are not awaiting adjudication of an I-485 in the US.

So your procrastination has essentially cost you your freedom. After the K-3 expires, you will not be able to leave the US until your CR-1 interview. Sorry.. that's the way it goes...

Yes, you will require new police certificates and a new medical exam.

If you want to have the travel permission, you'll have to file an I-485 and file an I-131 as well as an I-765 if you want to work as well.

[Reba 2]

if zyggy said it, its correct. He's the resident expert and government employee.

In the 3 years I've been hangin' around here at VJ, no one has ever let a K3 expire that I know of. So theres no precedent for us to search around here for.

[user786 0]

OK here is what I just found directly on USCIS website.

And by the way it was not unjustified procrastination on our part. I simply could NOT meet the financial requirments of I-864 and we had a hard time searching constantly for a co-sponsor. Now finally I think I meet the requirements fine and we also have a co-sponsor ready to sign and that's why we are moving forward.

Back on topic....

Check out this link directly on USCIS website....

http://www.uscis.gov/graphics/formsfee/forms/i-539.htm

Then scroll down to the bottom and read the Special Instructions

It says.....

"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 U.S. and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa."

So is there something else that USCIS isn't telling us that zyggy knows about or is there something else that we are not taking into consideration about our specific scenario that we should be aware of ?

I really appreciate comments from as many as possible and also a followup by zyggy if he reads this post after looking at the link and info I posted above to USCIS website.

Next...does anyone know how long that I-539 and I-765 for Eamployment Authorization renewal takes from the time we file it ? Where does it go ?

Thanks again.

if zyggy said it, its correct. He's the resident expert and government employee.

In the 3 years I've been hangin' around here at VJ, no one has ever let a K3 expire that I know of. So theres no precedent for us to search around here for.

Edited October 15, 2006 by user786

[meauxna 15]

It says.....

"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 U.S. and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa."

So is there something else that USCIS isn't telling us that zyggy knows about or is there something else that we are not taking into consideration about our specific scenario that we should be aware of ?

Yes, there is. You have conflated 'visa' and 'status'. Regarding the travel portion of your quote, you will not have a valid K-3/4 visa. The previous part of the quote says that the form extends the K-3 status. To me it reads as if designed for someone filing AOS.

You can use google to search the group alt.visa.us.marriage-based where this has been hashed through several times.

This thread is one that includes most of the recent cases and an experienced immigration attorney:

http://tinyurl.com/vv96j

[diadromous mermaid 36]

I agree with ziggy and meauxna. The K-3 visa has a validity period of 24 months, and then it expires. Inherent in that is that before that validity period elapses, the alien would adjust status, hence no need for the K-3 visa, since AOS brings with it the opportunity for Advance Parole. An extension would simply cover an alien who entered on a K-visa and is unable to adjust, yet does not want to fall out of status. If such an alien were to leave the country, there'd be no visa to return.

Except, I think if the OP were to check on the current status of his approved I-130 (I hope I'm not confusing members here!) to see if it's still valid, couldn't his wife leave the USA without worrying about her K-3 visa and re-enter on the IR-1 after the consul interviews her?

[meauxna 15]

Except, I think if the OP were to check on the current status of his approved I-130 (I hope I'm not confusing members here!) to see if it's still valid, couldn't his wife leave the USA without worrying about her K-3 visa and re-enter on the IR-1 after the consul interviews her?

Sure, that is one method IF the I-130 is still valid (OP expresses concerns elsewhere that have merit).

They run the risk of there being a problem with the IV process (Admin Review, etc) and the K-3 now being outside the US with no way back in. I receall a couple of posters who were in that situation, but took the gamble (and succeeded).

[user786 0]

Thanks to all who have responded so far.

Seeing that our case seems quite unique to this forum I hope many others will gain benefit from this in the future as well. We will try to update you all on our proceedings as we move forward until complete.

You have really helped us better understand the situation.

Well we contacted the NVC and they told us our I-130 still IS valid and that we just have to send them an email requesting them to keep it open for another year and mail in our original DS-3032 to let them know if we will choose to do AOS in Orlando, FL or IV at Montreal, Canada. So that is good news.

Next, now I think we realize where we were misunderstanding the K3 expiry situation. We thought status and visa were the same thing. So if we are now understanding correctly and what all of you are saying is truly fact, then it means that the I-539 will just extend our status while IN the USA but will NOT renew our K3 VISA to let us back into the USA if we travel out after the expiry date on the K3 VISA in the passport passes. Does this sound right now ?

OK now, we will probably decide to go ahead and do either the AOS in Orlando, FL OR the Consular Montreal IV filing this week once we confirm which method is faster. Still haven't been able to find out how to accurately tell which is fater yet... The VJ timelines and USCIS issued times seem to conflict greatly.

If we do file the AOS without filing the I-539 extension of K3 status is it going to be a problem for us if the K3 expires in March 2007 and we haven't completed the AOS interview yet ?

Do we have to spend the money to do the I-539 extension while waiting for the filed AOS to be completed or are we automatically considered "in status" because we are waiting for AOS interview even though the K3 VISA is expired? I thought I read that you are considered "in status" automatically due to filed and pending AOS adjudication somewhere on this forum or in the AOS guides. Not sure though..

Obviously we don't mind spending the money for the I-539 extension of K3 status if it is necessary but why waste it if we don't actually need it for our scenario? We could probably put that money to better use by filing for the I-131 AP with the AOS for travel purposes. We obviously just don't want to be "out of status"

So if we do choose AOS, do we have to file the I-539 for extension or not ? Remeber our K3 expires in March 2007 and AOS will probably not be completed by then...

What do you all think ???

Except, I think if the OP were to check on the current status of his approved I-130 (I hope I'm not confusing members here!) to see if it's still valid, couldn't his wife leave the USA without worrying about her K-3 visa and re-enter on the IR-1 after the consul interviews her?

Sure, that is one method IF the I-130 is still valid (OP expresses concerns elsewhere that have merit).

They run the risk of there being a problem with the IV process (Admin Review, etc) and the K-3 now being outside the US with no way back in. I receall a couple of posters who were in that situation, but took the gamble (and succeeded).

[user786 0]

OK something else of interest just came to light but please read my previous post first fully if you haven't as yet...

this link that meauxna gave has information in it about Canada and Mexico somehow being possible exceptions.

http://tinyurl.com/vv96j

My wife is born Canadian Citizen and the ONLY travel she would be doing is back and forth to Canada. Does the I-539 extnesion of I-94 and expired K3 visa come into play here if she is ONLY travelling back and forth to/ from Canada and no other country at all ? Or will she get denied entry to USA from Canada even if we get I-94W extension of stauts with the approved I-539 but they see the expired K3 visa in her passport? Wow this gets deeeeeper than you would think...

Here is exactly what was quoted in that newsgroup link ...

"Hi:

An interesting question you pose. For travel to Canada or Mexico of

less than 30 days, the unexpired I-94 or extended I-94 serves to extend

the visa validity. I have no idea if this general rule applies for

holders of expired K-3's or not.

As to travel elsewhere, one needs a visa or an AP to return to the US.

--

Certified Specialist

Immigration & Nat. Law

Cal. Bar Board of Legal Specialization

Posted via http://britishexpats.com

"

It says.....

"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 U.S. and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa."

So is there something else that USCIS isn't telling us that zyggy knows about or is there something else that we are not taking into consideration about our specific scenario that we should be aware of ?

Yes, there is. You have conflated 'visa' and 'status'. Regarding the travel portion of your quote, you will not have a valid K-3/4 visa. The previous part of the quote says that the form extends the K-3 status. To me it reads as if designed for someone filing AOS.

You can use google to search the group alt.visa.us.marriage-based where this has been hashed through several times.

This thread is one that includes most of the recent cases and an experienced immigration attorney:

http://tinyurl.com/vv96j

To open up an even deeper can of worms, some other forum said that someone was able to go the the US Consulate in Montreal and got a NEW K3 visa in their passport after they explained a situation almost identical to our as they wanted to comple the IV and IR-1 in Montreal but wanted to travel back & forth to USA and their K3 original visa was about to expire. Maybe I'll give Montreal a call and ask them directly and see if they would give that kind of info over the phone or not. Can't hurt to ask right ?

OK something else of interest just came to light but please read my previous post first fully if you haven't as yet...

this link that meauxna gave has information in it about Canada and Mexico somehow being possible exceptions.

http://tinyurl.com/vv96j

My wife is born Canadian Citizen and the ONLY travel she would be doing is back and forth to Canada. Does the I-539 extnesion of I-94 and expired K3 visa come into play here if she is ONLY travelling back and forth to/ from Canada and no other country at all ? Or will she get denied entry to USA from Canada even if we get I-94W extension of stauts with the approved I-539 but they see the expired K3 visa in her passport? Wow this gets deeeeeper than you would think...

Here is exactly what was quoted in that newsgroup link ...

"Hi:

An interesting question you pose. For travel to Canada or Mexico of

less than 30 days, the unexpired I-94 or extended I-94 serves to extend

the visa validity. I have no idea if this general rule applies for

holders of expired K-3's or not.

As to travel elsewhere, one needs a visa or an AP to return to the US.

--

Certified Specialist

Immigration & Nat. Law

Cal. Bar Board of Legal Specialization

Posted via http://britishexpats.com

"

It says.....

"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 U.S. and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa."

So is there something else that USCIS isn't telling us that zyggy knows about or is there something else that we are not taking into consideration about our specific scenario that we should be aware of ?

Yes, there is. You have conflated 'visa' and 'status'. Regarding the travel portion of your quote, you will not have a valid K-3/4 visa. The previous part of the quote says that the form extends the K-3 status. To me it reads as if designed for someone filing AOS.

You can use google to search the group alt.visa.us.marriage-based where this has been hashed through several times.

This thread is one that includes most of the recent cases and an experienced immigration attorney:

http://tinyurl.com/vv96j

[meauxna 15]

Next, now I think we realize where we were misunderstanding the K3 expiry situation. We thought status and visa were the same thing. So if we are now understanding correctly and what all of you are saying is truly fact, then it means that the I-539 will just extend our status while IN the USA but will NOT renew our K3 VISA to let us back into the USA if we travel out after the expiry date on the K3 VISA in the passport passes. Does this sound right now ?

OK now, we will probably decide to go ahead and do either the AOS in Orlando, FL OR the Consular Montreal IV filing this week once we confirm which method is faster. Still haven't been able to find out how to accurately tell which is fater yet... The VJ timelines and USCIS issued times seem to conflict greatly.

If we do file the AOS without filing the I-539 extension of K3 status is it going to be a problem for us if the K3 expires in March 2007 and we haven't completed the AOS interview yet ?

Do we have to spend the money to do the I-539 extension while waiting for the filed AOS to be completed or are we automatically considered "in status" because we are waiting for AOS interview even though the K3 VISA is expired? I thought I read that you are considered "in status" automatically due to filed and pending AOS adjudication somewhere on this forum or in the AOS guides. Not sure though..

Obviously we don't mind spending the money for the I-539 extension of K3 status if it is necessary but why waste it if we don't actually need it for our scenario? We could probably put that money to better use by filing for the I-131 AP with the AOS for travel purposes. We obviously just don't want to be "out of status"

So if we do choose AOS, do we have to file the I-539 for extension or not ? Remeber our K3 expires in March 2007 and AOS will probably not be completed by then...

That is correct as I understand it.

If you plan to go on the IV path, and that extends past March 07, your K-3 alien is in the US without status from March X 07 on. Consult with an attorney on how to manage your out of status time. OR, file the I-539 to extend the K-3 STATUS in the US. The visa is no longer valid for travel, but you now remain 'in status' until leaving for the IV appointment.

If you plan to AOS, the alien is 'in status' once the I-485 is accepted. The expiry date of the K-3 becomes moot, except for travel purposes. After the K-3 expires, the alien needs AP for travel.

I don't know about the exceptions alluded to regarding Canada/Mexico. Knowing the poster, I suspect an intellectual excercise. I don't know of any K-3s who actually used that 'rule' to their benefit.

I haven't really looked, but I would suspect that the IV (months) would be faster than AOS (years).

[Yodrak 7]

user,

I think you'll be in the same situation as a K1 who has applied for AOS and whose I-94 has expired. So, file I-539 if you want to continue waiting for the immigrant visa and file I-485 if you want to adjust status.

Yodrak

....

So if we do choose AOS, do we have to file the I-539 for extension or not ? Remeber our K3 expires in March 2007 and AOS will probably not be completed by then...

What do you all think ???

....

[user786 0]

Thanks to all who have contributed. We will try to keep this thread updated on our proceedings for the benefit of any others in the future who may run into our seemingly unique situation.

Finally, one last help we would request is....Can someone help us to figure out from ALL resources available which process will be faster for us at present ? We need to make a determination and mail in our DS3032 to let NVC know whether we will be doing AOS in Orlando, FL or getting IV interview in Montreal, Canada.

We have tried hard on our own to figure it out from the VJ timelines and the USCIS times list but we can't come to consensus on how long each will be.

We will either file with I485 , I131 and I765 renewal on this Friday for path to eventual AOS interview in Orlando, FL

OR

We will send in the I539 K3 extension, DS3032 and the I864 fee bill with payment to NVC on Friday for path to eventual IV interview in Montreal, Canada.

Which will lead us to a green card in my wife's possesion first based on current processing timeframes for Montreal and Orlando if we do either of the steps outlined above? Of course, assuming there are no RFE's or hiccups along the way using either path...Maybe someone reading this can research more accurately than us or maybe someone just AOS'd in Orlando or got IV in Montreal so we can hear about their personal timeline.

Thanks again to all.

user,

I think you'll be in the same situation as a K1 who has applied for AOS and whose I-94 has expired. So, file I-539 if you want to continue waiting for the immigrant visa and file I-485 if you want to adjust status.

Yodrak

....

So if we do choose AOS, do we have to file the I-539 for extension or not ? Remeber our K3 expires in March 2007 and AOS will probably not be completed by then...

What do you all think ???

....

[zyggy 9]

I don't know about the exceptions alluded to regarding Canada/Mexico. Knowing the poster, I suspect an intellectual excercise. I don't know of any K-3s who actually used that 'rule' to their benefit.

Yeah... I wonder what it would be like for a person to intellectually argue it after the CBP has denied entry due to the expired visa ... and did not permit entry as a tourist due to immigrant intent... resulting in one being stranded outside the US

Risky proposition if you ask me...

Edited October 17, 2006 by zyggy