How long can someone on K3 visa stay out of the country?

[edscrispin 0]

Pardon me if I am posting this on the wrong forum. Good day people. As the title of this post, I would like to ask, how long can somebody, who is holding a K-3 visa, stay out of the US? I petitioned my wife on K3 visa and she got here in the US last Nov 26. But she has to go back to the Philippines to, first, attend the wedding of her best friend and second, her grandmother died. She was very close to her grandmother. She went home last March 22. She is still in the Philippines as of this writing. She was supposed to get back here last May 4, but she did not come back. We haven't filed for her adjustment of status yet because we were still waiting for her Employment Authorization Document. I got her EAD a few days after she flew to the Philippines. Will she encounter any problems if/when she comes back?

Why she did not come back is kinda long story.

[NikLR 13,228]

Im confused as to why you bothered doing the EAD before the AOS as the EAD is free with the AOS. I do not think there is a limit to how long she can be outside the USA but you may want to stick to the 6 month rule to be safe?

[Boiler 45,731]

She can be out as long as her K3 is current, also wondering why no AOS?

[edscrispin 0]

Thank you for the replies guys. The filing fee for AOS was much higher than EAD and I didn't have that amount then so I just filed that first thinking that once she comes back and starts working, we can then file for AOS.

[Boiler 45,731]

I am sure there must be more to this, everybody has their own priorities.

[Ryan H 3,818]

Moved from Progress Reports to Process & Procedures.