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Posted
You have up the expiry of your K3 visa to file for AOS... As a K3 is a multi entry visa it is good for travel and you can file for EAD before you file for AOS if you want to....

The guides explain it better than I could...

Kez

omg..are you sure about this? this would be great....i just cant find it any where that comes right out and gives you an exact time that you have to file.

Filed: AOS (apr) Country: Philippines
Timeline
Posted

This is a good question.

My wife entered on her k3 visa Dec 27th. The customs officer said we would receive a greencard in 4 to 6 weeks and he stamped her I94 card with a March 27, 2007 expiration date. It is confusing, my wife's k3 has a 2 year expiration date, haven't heard anything from USCIS on the green card, and this March 27th date on this I94 card in her passport bothers me.

I don't have a problem with doing infopass and scheduling this as we are ready with paperwork and fees however we are also 3 weeks from the birth of our first child and I do not wish to complicate an already very busy schedule for us over the next few weeks.

Getting a straight answer to this question is crazy, everyone says "read the guides" I can't find one place in the guide that says you need to file AOS before your I94 expires, oh unless you come in on a fiance visa then of course you are under the 90 day deadline to marry and so on. The thought of calling the USCIS Misinformation line is not very appealing to me. Surely there is another K3 immigrant in this forum who can share???

Anyone else come in on a K3 with a 90 day I94 expiration? If so when did you file AOS? Can you file a couple weeks before your I94 expires? Does the K3 expiration date take priority over that I94 POE expiration stamp?

Thanks in advance

04/25/2006 l married Cebu Philippines

11/28/2006 l Interview US Embassy Manila

12/15/2006 l Received k3 VISA

12/27/2006 l POE Detroit USA - Home!!!

AOS - Dallas DORA

07/17/2007 l AOS Interview - accepted into DORA 90 day program

09/06/2007 l Biometrics Appointment Dallas Texas

10/15/2007 l AOS Approved - received "Welcome to the United States" Letter

10/23/2007 l Received Greencard "Permanent Resident Card"

next: lift greencard 2yr condition June/2009 / goal: US Citizenship - 2010

Posted
This is a good question.

My wife entered on her k3 visa Dec 27th. The customs officer said we would receive a greencard in 4 to 6 weeks and he stamped her I94 card with a March 27, 2007 expiration date. It is confusing, my wife's k3 has a 2 year expiration date, haven't heard anything from USCIS on the green card, and this March 27th date on this I94 card in her passport bothers me.

I don't have a problem with doing infopass and scheduling this as we are ready with paperwork and fees however we are also 3 weeks from the birth of our first child and I do not wish to complicate an already very busy schedule for us over the next few weeks.

Getting a straight answer to this question is crazy, everyone says "read the guides" I can't find one place in the guide that says you need to file AOS before your I94 expires, oh unless you come in on a fiance visa then of course you are under the 90 day deadline to marry and so on. The thought of calling the USCIS Misinformation line is not very appealing to me. Surely there is another K3 immigrant in this forum who can share???

Anyone else come in on a K3 with a 90 day I94 expiration? If so when did you file AOS? Can you file a couple weeks before your I94 expires? Does the K3 expiration date take priority over that I94 POE expiration stamp?

Thanks in advance

hmmm...i came in on a k3 visa on 11-16-2006 and is stamped for 11-16-08...why is yours so short?...and if you find a guide that tells you an exact timeline please let us know. if we have to file within 90 days we only have a few days left!!!...thx

Posted
This is a good question.

My wife entered on her k3 visa Dec 27th. The customs officer said we would receive a greencard in 4 to 6 weeks and he stamped her I94 card with a March 27, 2007 expiration date. It is confusing, my wife's k3 has a 2 year expiration date, haven't heard anything from USCIS on the green card, and this March 27th date on this I94 card in her passport bothers me.

Sounds like the CBP officer was mixing up a K-3 visa with an IR-1/CR-1 type visa. IIRC with K-3 you still have to file for AOS when you get to the USA to get a green card.

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)

Personally I think you are right that the customs officer screwed up and stamped it 90 day like a k1 even through my wife's k3 visa has a 2 year expiration date of Dec 2008. In any case I guess I will schedule an infopass and show up to file aos with a newborn and wife.

This is a good question.

My wife entered on her k3 visa Dec 27th. The customs officer said we would receive a greencard in 4 to 6 weeks and he stamped her I94 card with a March 27, 2007 expiration date. It is confusing, my wife's k3 has a 2 year expiration date, haven't heard anything from USCIS on the green card, and this March 27th date on this I94 card in her passport bothers me.

I don't have a problem with doing infopass and scheduling this as we are ready with paperwork and fees however we are also 3 weeks from the birth of our first child and I do not wish to complicate an already very busy schedule for us over the next few weeks.

Getting a straight answer to this question is crazy, everyone says "read the guides" I can't find one place in the guide that says you need to file AOS before your I94 expires, oh unless you come in on a fiance visa then of course you are under the 90 day deadline to marry and so on. The thought of calling the USCIS Misinformation line is not very appealing to me. Surely there is another K3 immigrant in this forum who can share???

Anyone else come in on a K3 with a 90 day I94 expiration? If so when did you file AOS? Can you file a couple weeks before your I94 expires? Does the K3 expiration date take priority over that I94 POE expiration stamp?

Thanks in advance

hmmm...i came in on a k3 visa on 11-16-2006 and is stamped for 11-16-08...why is yours so short?...and if you find a guide that tells you an exact timeline please let us know. if we have to file within 90 days we only have a few days left!!!...thx

Edited by cybernutguy

04/25/2006 l married Cebu Philippines

11/28/2006 l Interview US Embassy Manila

12/15/2006 l Received k3 VISA

12/27/2006 l POE Detroit USA - Home!!!

AOS - Dallas DORA

07/17/2007 l AOS Interview - accepted into DORA 90 day program

09/06/2007 l Biometrics Appointment Dallas Texas

10/15/2007 l AOS Approved - received "Welcome to the United States" Letter

10/23/2007 l Received Greencard "Permanent Resident Card"

next: lift greencard 2yr condition June/2009 / goal: US Citizenship - 2010

Posted
hmmm...i came in on a k3 visa on 11-16-2006 and is stamped for 11-16-08...why is yours so short?...and if you find a guide that tells you an exact timeline please let us know. if we have to file within 90 days we only have a few days left!!!...thx

Don't worry - you don't have to file within 90 days.

Posted
hmmm...i came in on a k3 visa on 11-16-2006 and is stamped for 11-16-08...why is yours so short?...and if you find a guide that tells you an exact timeline please let us know. if we have to file within 90 days we only have a few days left!!!...thx

Don't worry - you don't have to file within 90 days.

i hope you are right......does it mean that i have 2 years to apply for aos?

Filed: AOS (apr) Country: Philippines
Timeline
Posted

I am thinking you are right, it would be nice to find that documented somewhere. I don't like to make assumptions with the USCIS ;-) I take nothing for granted in dealing with USCIS.

hmmm...i came in on a k3 visa on 11-16-2006 and is stamped for 11-16-08...why is yours so short?...and if you find a guide that tells you an exact timeline please let us know. if we have to file within 90 days we only have a few days left!!!...thx

Don't worry - you don't have to file within 90 days.

04/25/2006 l married Cebu Philippines

11/28/2006 l Interview US Embassy Manila

12/15/2006 l Received k3 VISA

12/27/2006 l POE Detroit USA - Home!!!

AOS - Dallas DORA

07/17/2007 l AOS Interview - accepted into DORA 90 day program

09/06/2007 l Biometrics Appointment Dallas Texas

10/15/2007 l AOS Approved - received "Welcome to the United States" Letter

10/23/2007 l Received Greencard "Permanent Resident Card"

next: lift greencard 2yr condition June/2009 / goal: US Citizenship - 2010

Posted
hmmm...i came in on a k3 visa on 11-16-2006 and is stamped for 11-16-08...why is yours so short?...and if you find a guide that tells you an exact timeline please let us know. if we have to file within 90 days we only have a few days left!!!...thx

Don't worry - you don't have to file within 90 days.

i hope you are right......does it mean that i have 2 years to apply for aos?

If you want to wait that long yes, and in fact even if your K-3 visa expires you can still file for AOS after that and get a green card no problem. Its generally advisable to file for AOS within 180 days of your visa expiring however, to avoid getting an overstay ban if you attempt to travel during AOS (using Advance Parole). However if you don't plan on travelling while filing AOS, any amount of overstay is forgiven as you are married to a US Citizen.

Posted
I am thinking you are right, it would be nice to find that documented somewhere. I don't like to make assumptions with the USCIS ;-) I take nothing for granted in dealing with USCIS.
hmmm...i came in on a k3 visa on 11-16-2006 and is stamped for 11-16-08...why is yours so short?...and if you find a guide that tells you an exact timeline please let us know. if we have to file within 90 days we only have a few days left!!!...thx

Don't worry - you don't have to file within 90 days.

i know..if i could jsut see it with my own eyes ill feel so relieved. does anyone know where it states for sure how much time i have to file for aos?????

 
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