Filing for AOS...do we have to stay in the U.S. meanwhile?

[katandclau 0]

Hello and thanks to everyone for being so helpful!

We received my husbands K3 visa after an interview in Ciudad Juarez, Mexico last November.

Now we are filing for AOS but need to be travelling back and forth to Mexico during this year.

I know the K3 gives him a 2 year multiple entry status, But does he have to physically be in

the U.S. when the application for AOS is being considered?

Each time he comes into the country he will receive a new I-94 card, does this have to be the

same one sent in for AOS (meaning he stays until approved) ? If so how long does it take?

I have been told the fingerprinting appointment comes approximately 1 and a half months after

the application is filed but that is all.

Also, is the fingerprinting appointment something he could re-arrange if he were unable to make the date?

We are in between New York, Mexico and California right now trying to move all to one place... but this could take some time with a new baby and work...

thanks !!

[Mr. Big Dog 10,747]

Travelling on the K3 is no problem. Just make sure that someone is available to check the mail and respond. Yes, re-scheduling can be done but I wouldn't do it if I could avoid it. Usually just drags the process out more and who needs that?

[dnaleri 0]

can't you get or apply for AP (advance parole)? it's going to cost you a few hundred dollars but at least you won't have any problems with the USCIS. good luck!

[Reba 2]

K3 does not need AP, it is a multi-entry visa. I think her main concern is being away and USCIS sending interview notice while they're gone.

[katandclau 0]

K3 does not need AP, it is a multi-entry visa. I think her main concern is being away and USCIS sending interview notice while they're gone.

thanks, and yes, I know that within the 2 years we don't have to apply for AP ... i'm concerned about travel while we are applying for AOS.

[Reba 2]

your K3 status does not change once you've sent in the AOS application. It is still a multi-entry visa, valid for 2 years.

[zyggy 9]

Travelling on the K3 is no problem. Just make sure that someone is available to check the mail and respond. Yes, re-scheduling can be done but I wouldn't do it if I could avoid it. Usually just drags the process out more and who needs that?

The risk in trying to change the interview date is even though you may have notified them of the change, they may not received it to make the change in time.. If you do not show up for your interview, then your I-485 is denied and your K3 visa is cancelled..

If you're out of the country at that time, you won't be able to reenter the US on the K visa, and you'll be unable to reopen the case because you can't get to the DO to do so...

So long story short... do not be out of the country when your interview date comes up... period...

The potential for everything to be screwed up is much much too great...

You may have lots to do back in the other country... but it's not more important than that interview... not much is...

Edited March 27, 2006 by zyggy