Travel With a K-3

[Ruticus14d 0]

Well my wife finally got her K-3 visa approved at the conulate in Johannesburg, South Africa on Valentines Day of all days. I would just like to thank everyone on this site for all the help and guidance that we received throughout this whole process. It was really helpful to know that there were others like us out there. So... thanks a million.

Down to my question... now that my wife has her K-3, can she come in and out of the United States freely? I am in the military and am going to be away from home for a while later this year and we are wondering if she'll be able to leave the US while I'm away and come back when I come home. This is a sticky topic for us because we were told over and over that she could leave the country with her H2B visa and return and when she left she was denied entry back into the US despite having a valid H2B visa. It cost us a lot of heartache not to mention thousands of dollars in airfare. We just want to make double damn sure that we arent going to get screwed... again.

Additionally, does anyone know how long it takes for her to get permission to work here in the States? I know that it will take some time to fully adjust her status but how long before she gets permission to work? Also, where can I get the forms?

Thanks.

[riblet 0]

Congrats on getting the visa

A K3 is a multiple entry visa, so she should be able to come and go for the 2 years. I have not heard of anyone having trouble returning on a K3, and hopefully others can confirm this.

To work she will need to file form I765 for Employment Authorization, it takes an average of 3 months, but maybe more. The form is on the USCIS site.

Congrats again

[Reba 2]

just a question, you mention that you are stationed overseas, and that she wishes to be able to travel. Does she plan to be out of the US more than she's in the US? If so, she *could* jeopardize her status here, depending how much time she spends away from the US. The purpose of the K3 is to settle permanently in the US, it is not a visit visa. So even though it is a multi-entry visa, if she stays away for several months at a time, she could have difficulty re-entering.

She can only apply for the EAD after she enters the US and "activates" her visa.

[Ruticus14d 0]

I am not stationed oversees. I am stationed in the United States. She is in South Africa right now just waiting to come to the States with her K-3 visa. I am going to be gone to a training event for 8 weeks starting in May. Since I am being relocated at the same time there is no place for her to live until after I am done with that 8 week stretch. Our plan is this... she comes to the States and lives with me. While here she can apply to work and take the professional tests that she needs to be licensed in the States since licensing between South Africa and America is not recipricol in her field. At the beginning of May she will go back to South Africa and come for good once that 8 weeks is over because I will be relocated and established by then. So the short of it is... she is only planning on leaving once between now and when her status is completly adjusted. This shouldnt be a problem, should it?

Thanks

just a question, you mention that you are stationed overseas, and that she wishes to be able to travel. Does she plan to be out of the US more than she's in the US? If so, she *could* jeopardize her status here, depending how much time she spends away from the US. The purpose of the K3 is to settle permanently in the US, it is not a visit visa. So even though it is a multi-entry visa, if she stays away for several months at a time, she could have difficulty re-entering.

She can only apply for the EAD after she enters the US and "activates" her visa.

[riblet 0]

That does not sound like a problem to me, going back to say bye and wrap things up is pretty normal

Good luck with everything