K3 Adjustment of Status...do we need to be in the U.S. when we apply?

[katandclau 0]

hello friends and thanks again for all the helpful advice.

we received my husband's K3 visa after an interview in November in Ciudad Juarez, Mexico being the country where we were married. Now I have a question as we prepare to apply for his Adjustment of Status.

I know the K3 visa gives him 2 years with multiple entry to the U.S. without having to apply for Advance Parole, however, I need to know, does that mean he can travel during the time his application for Adjustment of Status is being considered? We would like to apply asap. Also, who are we supposed to turn his I-94 card in to when he leaves if it is not by plane?

Also, does anyone know how long approximately it takes, or is taking for the Adjustment of Status? I heard that there is a finger printing appointment that comes approx 1 and a half month after applying but that is all . Also that for some cases the interview for AOS is being waived ??.Anyone who has gone through this whole process and has advice would be a big help! thanks!

[Reba 2]

yes, your husband can travel outside the country after he's applied for AOS. The K3, as you mentined is valid 2 years for multiple entry, and applying or not for AOS has no bearing on that validity.

When I travelled out of the country last year, they did not take my I-94. AFAIK, it is also valid for the length of the K3 visa.

Processing times for AOS vary by district, check the USCIS website for your district office timelines. YOu will receive a letter in the mail sometime after they recieve your application to notify you of a biometricts appointment. Again, timelines vary by district.