K-3 visa expiring 8 days before my AOS interview

[indriux 0]

I've been living with K-3 visa for 4 years in USA already. I've already extended it one time and now I got my AOS interview on March 29th 2007 and my K-3 extension expires on March 21th 2007. Should I apply for extension? Because when I go to interview on March 29th my visa will be expired and I will not be legal to stay in USA. Or am I wrong?

Could anyone give me advice on that one?

My other question is ...during interview if you are approved, do you get some document stating it? My sister is applying for tourist visa and needs to put my status in her application.

Thank you so much!

[Kez/JWolf 6]

You will not be here ilegally as you are doing AOS... so your status is adjustment pending... so dont worry... after you get approval your status will be LPR good luck with your interview...

Kez

[indriux 0]

You will not be here ilegally as you are doing AOS... so your status is adjustment pending... so dont worry... after you get approval your status will be LPR good luck with your interview...

Kez

Thanks ! I just don't want to waste $200 for extension especially as it is just for 8 days

[raymaga 25]

Good luck at the interview!!!

[indriux 0]

thanx

[Yodrak 7]

indriux,

You are wrong. A visa does not give you permission to be in the USA, a visa gives you permission to go to a US POE and request entry to the USA. It's the I-94 that tells you how long you can remain in the USA.

Beyond that, as Kez wrote, if you've got an I-485 application to adjust status pending then you are allowed to be in the USA until the applcation is decided, even though the I-94 may have expired.

Yodrak

I've been living with K-3 visa for 4 years in USA already. I've already extended it one time and now I got my AOS interview on March 29th 2007 and my K-3 extension expires on March 21th 2007. Should I apply for extension? Because when I go to interview on March 29th my visa will be expired and I will not be legal to stay in USA. Or am I wrong?

Could anyone give me advice on that one?

My other question is ...during interview if you are approved, do you get some document stating it? My sister is applying for tourist visa and needs to put my status in her application.

Thank you so much!

[indriux 0]

Yodrak, thanks for explaining me! I'm having my AOS interview next thursday March 29th. Hope everything goes well,because my sister is going for visitors visa a few days later in Lithuania and she wrote in her application that my status is AOS,becoming LPR on March 29th.

[Ladylethal 12]

What I don't understand is what are those extensions you paid for. The EAD?

[Yodrak 7]

indriux,

Point of clarification: Your K3 visa expired a long time ago. What you renewed was your K3 immigration status, not your visa.

If you had already applied for adjustment of status when your K3 status expired the first time, 2 years after entry, then you would not have needed to extend your K3 status. Like a K1 after 90 days, you would have been in the USA 'legally', not accumulating out-of-status time, due to the pending application to adjust status.

Yodrak

I've been living with K-3 visa for 4 years in USA already. I've already extended it one time and now I got my AOS interview on March 29th 2007 and my K-3 extension expires on March 21th 2007. Should I apply for extension? Because when I go to interview on March 29th my visa will be expired and I will not be legal to stay in USA. Or am I wrong?

Could anyone give me advice on that one?

My other question is ...during interview if you are approved, do you get some document stating it? My sister is applying for tourist visa and needs to put my status in her application.

Thank you so much!

[maryandatif 0]

indriux,

Point of clarification: Your K3 visa expired a long time ago. What you renewed was your K3 immigration status, not your visa.

If you had already applied for adjustment of status when your K3 status expired the first time, 2 years after entry, then you would not have needed to extend your K3 status. Like a K1 after 90 days, you would have been in the USA 'legally', not accumulating out-of-status time, due to the pending application to adjust status.

Yodrak

Yodrak,

In your opinion and experience how would you suggest my husband and I handle our present situation? We and our atty received a cancellation notice of AOS interview, and therfore didn't go to the appointment--then like Waren613 ---we were sent a denial letter. SInce then we have sent in the MTR and are now waiting--again.

I guess what I'm asking is clarification on the statement that as long as he has applied for AOS then if his I-94 expires it will be ok ofr him to remain here?? Just wondering if we need to apply for an extension of his I-94 and how to go about it also.

Thank you for your time and experience.

Mary K.

[Yodrak 7]

Mary K.,

As I wrote, just like a K1 (and like other non-immigrants who are adjusting status), no out of status time accrues while the application to adjust is pending. Usually not an issue for K3s, as it is for the others, because the 2-year stay that a K3 gets is usually long enough to submit the application and complete the adjustment.

The new wrinkle in your case is that the application is no longer pending - it's been decided, and the decision is denial. My understanding is that with the denial, if the I-94 date is passed, any time since the I-94 date becomes out of status time. In addition to the fact that I may be wrong about that, I don't know what effect a motion to re-open has on past or ongoing out of status time. Does it stop or reset the clock as an application to adjust does? I don't know.

Your attorney has a lot more experience than I and most (all?) other VJ members, and should know the answers to your questions.

Yodrak

Yodrak,

In your opinion and experience how would you suggest my husband and I handle our present situation? We and our atty received a cancellation notice of AOS interview, and therfore didn't go to the appointment--then like Waren613 ---we were sent a denial letter. SInce then we have sent in the MTR and are now waiting--again.

I guess what I'm asking is clarification on the statement that as long as he has applied for AOS then if his I-94 expires it will be ok ofr him to remain here?? Just wondering if we need to apply for an extension of his I-94 and how to go about it also.

Thank you for your time and experience.

Mary K.