K3 can travel?

[zeo 0]

My wife is travelling out of the USA. Her K3 visa expires in August 2006. Her AOS application is pending her biometrics appointment is this week.

Question is can my wife still come back into the USA before Aug. 2006 even though her AOS application is pending?

My wife is travelling out of the USA. Her K3 visa expires in August 2006. Her AOS application is pending her biometrics appointment is this week.

Question is can my wife still come back into the USA before Aug. 2006 even though her AOS application is pending?

It looks like she can travel with AOS application pending on her k3 visa.

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

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

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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."

39. Note that this is quite different from those holding K1/K2 status who are required to obtain advance parole from BCIS to avoid abandonment of their adjustment application with BCIS, if they leave the United States.

[zyggy 9]

My wife is travelling out of the USA. Her K3 visa expires in August 2006. Her AOS application is pending her biometrics appointment is this week.

Question is can my wife still come back into the USA before Aug. 2006 even though her AOS application is pending?

My wife is travelling out of the USA. Her K3 visa expires in August 2006. Her AOS application is pending her biometrics appointment is this week.

Question is can my wife still come back into the USA before Aug. 2006 even though her AOS application is pending?

It looks like she can travel with AOS application pending on her k3 visa.

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."

39. Note that this is quite different from those holding K1/K2 status who are required to obtain advance parole from BCIS to avoid abandonment of their adjustment application with BCIS, if they leave the United States.

Yes... your spouse can still travel in and out of the US on the K3 while the visa is still valid. However, you'll have to get an AP to travel outside the US after the K3 has expired.

[Vali 0]

I am in the same situation, I entered the country with a K3 visa and applied for adjustment of status, but it's been two years and I still don't have my green card. My original K3 visa expired in August 2005, I wanted to go back to my country for a couple of weeks, so I applied and obtained an extention of K3 staus ( form I-539) thinking this would give me the same rights as my initial K3 visa. But that was not true, the INS said the extention of K3 status document is not sufficient to be readimetted to the States if I leave the country and that once in my homecoutnry I should obtained an other visa at the local american consulate. Well, to make sure I contacted the consulate overseas and the State Department here in the States, and they don't know anything about it, they say that it is not up to them, they issued the k3 visa the first time and now I should receive a stamp in my passport from the INS before leaving the States that allows me to come back. Well that is not what the INS is saying.

I cannot apply for Advance Parole, because that doesn't apply to people in K3 status .

Basicly this is a "crack" in the system, they give a K3 visa valididy for only two years, because they assume in two years one would be all set and get a green card, but they didn't assume that would be such a backlog in processing times in certain cities, I leave in Orlando, and the processing times are extremely long.......so basicly it seems I am stuck, there's not even a low that applies to my case, if I hadn't applied for extention of K3 status, at least I would have been able to apply for Advance Parole, now I have to wait to get my green card to be able to visit my country and family again, and the process doesn't seem to be near to a conclusion any time soon. At this point I would like to know what are the benefits of a K3 status extention?

your wife will be able to go in and out of the country as far as her K3 visa is still valid, after that apparently she won't be able to leave the country, but hopefully by the expiration date of her K3 visa she will alredy have a green card.

[Yodrak 7]

Vali,

Thanks for your post, confirming that extending K3 status with the USCIS does not extend the K3 visa - status and visa are two different things.

I suspect there may have been some mis-communication with the consulate and DoS - the "stamp in the passport" sounds suspiciously like the I-551 stamp that may be given after adjustment has been approved as evidence of the approval until the I-551 card (Green Card) has been manufactured and sent out.

I believe that you are eligible for advance parole on the basis of your pending adjustment of status application, same as a K1.

Since you do have that application for status pending, there is no benefit to extending the K3 status - again like a K1 whose 90-day status has expired, you're 'legal' in the USA as long as the application to adjust is pending. The K3 extension would be useful to a K3 who is not adjusting status, but rather is waiting for I-130 approval and immigrant visa processing.

Yodrak

I am in the same situation, I entered the country with a K3 visa and applied for adjustment of status, but it's been two years and I still don't have my green card. My original K3 visa expired in August 2005, I wanted to go back to my country for a couple of weeks, so I applied and obtained an extention of K3 staus ( form I-539) thinking this would give me the same rights as my initial K3 visa. But that was not true, the INS said the extention of K3 status document is not sufficient to be readimetted to the States if I leave the country and that once in my homecoutnry I should obtained an other visa at the local american consulate. Well, to make sure I contacted the consulate overseas and the State Department here in the States, and they don't know anything about it, they say that it is not up to them, they issued the k3 visa the first time and now I should receive a stamp in my passport from the INS before leaving the States that allows me to come back. Well that is not what the INS is saying.

I cannot apply for Advance Parole, because that doesn't apply to people in K3 status .

Basicly this is a "crack" in the system, they give a K3 visa valididy for only two years, because they assume in two years one would be all set and get a green card, but they didn't assume that would be such a backlog in processing times in certain cities, I leave in Orlando, and the processing times are extremely long.......so basicly it seems I am stuck, there's not even a low that applies to my case, if I hadn't applied for extention of K3 status, at least I would have been able to apply for Advance Parole, now I have to wait to get my green card to be able to visit my country and family again, and the process doesn't seem to be near to a conclusion any time soon. At this point I would like to know what are the benefits of a K3 status extention?

your wife will be able to go in and out of the country as far as her K3 visa is still valid, after that apparently she won't be able to leave the country, but hopefully by the expiration date of her K3 visa she will alredy have a green card.

[Vali 0]

Yodrak,

thanks for your reply!

So basicly you are saying, that allthough I obtained an extention of K3 status ( valid untill August 2007) I can still apply for Advance Parole? I coud just show them my I-485 is pending, without sending a copy of the letter of K3 status extention. Or should I wait untill this extention expires and then apply for AP, if I have not received my green card yet? If I had never applied for the extention I wouldn't have this problem now, basicly I thought I was doing something right, but I really didn't.

Concerning that stamp, I strongly suspect it's the I-551 stamp too.....so that won't apply to me yet.

Thanks again!

[Yodrak 7]

Vali,

Yes to the question of your 1st sentence, I'm not sure in response to your 2nd and 3rd sentences. Make your own decisions, preferably after consultation with an appropriate immigration attorney.

Thing is, read the note at the bottom of the left-hand column of the 1st page of the I-131 form instructions. You meet both conditions 1 and 2, but you do not meet the "However" following.

I'm going to paraphrase something I saw recently written by such an appropriate immigration attorney, I hope she won't mind: 'I don't go by what's written in internet newsgroups, I don't go by what the USCIS writes on its website. I go by what's written in the law.' What's written in the law isn't always easy to understand, and it isn't always consistent - that's why we sometimes need attornies and avoid them at our peril!

Yodrak

Yodrak,

thanks for your reply!

So basicly you are saying, that allthough I obtained an extention of K3 status ( valid untill August 2007) I can still apply for Advance Parole? I coud just show them my I-485 is pending, without sending a copy of the letter of K3 status extention. Or should I wait untill this extention expires and then apply for AP, if I have not received my green card yet? If I had never applied for the extention I wouldn't have this problem now, basicly I thought I was doing something right, but I really didn't.

Concerning that stamp, I strongly suspect it's the I-551 stamp too.....so that won't apply to me yet.

Thanks again!

[scy 0]

Yodrak,

thanks for your reply!

So basicly you are saying, that allthough I obtained an extention of K3 status ( valid untill August 2007) I can still apply for Advance Parole? I coud just show them my I-485 is pending, without sending a copy of the letter of K3 status extention. Or should I wait untill this extention expires and then apply for AP, if I have not received my green card yet? If I had never applied for the extention I wouldn't have this problem now, basicly I thought I was doing something right, but I really didn't.

Concerning that stamp, I strongly suspect it's the I-551 stamp too.....so that won't apply to me yet.

Thanks again!

I think you should apply for an advanced parole document. You meet the conditions for one since your K-3 visa had expired. The K-3 status extension only applies to the K-3 status, not the K-3 visa validity. Don't wait until the K-3 status extension expire to apply for an AP.

[Vali 0]

That is probably what I will do, allthough I can immagine somebody seeing that K3 status extention and quickly and automatically dismissing my application telling me to obtain a new K3 visa overseas at the local consular authorities.

I will write a detailed letter with my application, if they deny it, then I will probably see a lawyer.

In any case I will keep you posted!

I have one more question, is somebody allowed to apply and obtain Advance Parole only once? Or is it something that once expired can be renewed and obtained again?

[Kez/JWolf 6]

It can be renewed over and over until you don't need it any more.....

Kezzie

[Vali 0]

Hallo

today I finally got to speak to an immigration officer in person.....he said it doesn't matter I obtained a K3 status extention, I don't need to worry about that, since I have an adjustment of status application pending, therefore I do qualify for a Travel Document. So I can go ahead and file form I-131, I still wont' be totally relaxed untill they actually issue it for me......but at leas things are more clear now............so unless you have not applied for adjustment of status...........you DON'T NEED to extend your k3 status!!!!

Edited February 16, 2006 by Vali