how long do i have to file for aos after entering the usa on a K3 visa???

[YuAndDan 153]

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 customs officer's mind was still on the previous immigrant. K-3 won't get a green card ever unless they either file to adjust status, or return home and get the CR-1/IR-1 visa at the consulate in the home country. K-3 is a nonimmigrant and needs to file to adjust status to that of an immigrant.

I have seen several posts where the POE officer makes that verbal slip.

[cguytx 0]

That makes me feel better, thanks YuAndDan

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 customs officer's mind was still on the previous immigrant. K-3 won't get a green card ever unless they either file to adjust status, or return home and get the CR-1/IR-1 visa at the consulate in the home country. K-3 is a nonimmigrant and needs to file to adjust status to that of an immigrant.

I have seen several posts where the POE officer makes that verbal slip.

[Patrick_A 0]

K3 Visa allows your mate to come into this country until the I-130 is approved, but, once they are here, you can file for AOS and the I-130 will be considered as abandoned. The AOS (I-485) takes precedence.

This is exactly what we have done.

Patrick

[Ashleigh-Au 0]

We haven't got a green card yet but we filed AOS after we had been here almost 2 years.

There is no specified time that you must file but asap is always best.

Good luck

[tiberonsuave 0]

A K-3 is a two year multiple entry visa. A mistake was made on your entry interview. A K-3 is valid for two years. I would make an infopass appointment and have this corrected so that you will not (hopefully) need to file for advance parole.

T

We haven't got a green card yet but we filed AOS after we had been here almost 2 years.

There is no specified time that you must file but asap is always best.

Good luck

[meauxna 15]

K3 Visa allows your mate to come into this country until the I-130 is approved, but, once they are here, you can file for AOS and the I-130 will be considered as abandoned. The AOS (I-485) takes precedence.

This is exactly what we have done.

Patrick

The I-130 will not be abandoned; the I-130 is an integral part of becoming a Permanent Resident. The I-485 is useless without the I-130.

[meauxna 15]

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

cybernutguy, You are right to be concerned. Your wife's status expires (prematurely) on March 27, 07. She needs to get her AOS filed by then, or work out a new arangement with her District Office.

NO Green Card is going to come for your wife; that is for Immigrant Visa entrants only (make sure she was admitted as a K-3, not a CR-1).

The I-94 rules over everything. After the 'leave by' date on the I-94, the laien begins accumulating out of status time. Enough of that, and a bar will be placed on their eventual reentry.

A K-3 "should" file for AOs as soon as possible. There are other considerations than out of status time, like protecting your residency in the US.

[Yodrak 7]

cybernutguy,

immigration officer Same department (CBP), different function.

Perhaps this particular officer was previously a customs officer, and is not yet up to speed on the immigration side of the house.

Yodrak

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. .....

[tiberonsuave 0]

That is a big if. What if a loved one becomes deathly ill or dies. Then you will be faced with some heart wrenching decisions!

t

"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."

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.

[TomandLaura 2]

I agree with others cybernutguy that you need to get your I94 corrected ASAP. The customs officer obviously mistook the K3 for a K1. I entered on a k3 and my I94 is good for 2 years. Only k1 is restricted to 90 days. And the agent was definitely wrong about you getting a green card in the mail. As someone else already said, K3 is a non-immigrant visa and not eligible for a green card, it only allows you to live in the US while waiting for the I-130 to be approved so you can file AOS here in the US, or opt to complete the 130 by returning to your home country for a CR1 visa interview.

As for filing AOS you never listed your timeline for your I130. I have been speaking to the info line about this very thing and they say you need an approved I-130 BEFORE you can apply for AOS. If your k3 is due to expire and you still don't have an approved 130 you can apply for an extension to the k3 based on that very fact. You must apply at least 4 months in advance at todays timelines.

When you get an approved I-130 it is recommended to apply for AOS as soon as is practicle. By not filing for AOS before your k3 expires is taken as an indication that you are not very serious about wanting to live in the US, and is thus a 'strike' against you in the eyes of the USCIS.

Finally, I encourage you to complete and regularly update your timeline here on the forum, it helps all of us:-)

Tom

[Yodrak 7]

aoneil,

You can wait until you die, if you want, but you won't become an LPR unless you do apply and there can be consequences once you fall out of status (when your allowed stay as a K3 expires).

Yodrak

i entered the USA on a k3 visa and need to file AOS but having a hard time finding out exactly when i need to file. some people are saying 90 days after entering the USA. Others say i have upto 180 days. can anyone help me with this??!!!...thx

[Killer_Clown_2009 0]

It won't matter if he's dead though.