K-3 visa expires 11/07 and I-94 expires 05/08

[the undergraduate 0]

Hey everybody... basic info: my wife received her K-3 visa 11/05 and came here to the U.S. 05/06. Her K-3 expires 11/07 and her I-94 expires 05/08.

I was with her in the Philippines from 01/06 and came here with her and also before that I was with her from 05/05 to 09/05 in the Philippines. We are getting ready to file for EAD, SSN, and AOS. I graduated school 05/05, and my life has been hectic living in the Philippines, the birth of our son 01/06, etc... My yearly income has been affected because of the long amounts of time I spent with her in the Philippines. Anyway, I getting ready to start my first really decent job which will put me way over the 125%PL, which is what I've been waiting for to file the AOS.

Long story, short question: What is valid, her K-3 or her I-94, as far as her status? I realize the way things are going her AOS may not be approved before her K-3 expires. Does that matter, as her I-94 doesn't expire for another year?

I spent a lot of time researching everything to get her and then my son over here, but once they were here I kinda slacked off as for as learning about the rest of the process. Any help would be appreciated... thanks.

[Yodrak 7]

the undergraduate,

A visa allows one to appear at a US POI and request entry into the USA, and indicates the basis on which one has been granted the priviledge of appearing and requesting.

The I-94 indicates the type of entry and length of stay that one has if they have been granted entry.

Yodrak

Hey everybody... basic info: my wife received her K-3 visa 11/05 and came here to the U.S. 05/06. Her K-3 expires 11/07 and her I-94 expires 05/08.

I was with her in the Philippines from 01/06 and came here with her and also before that I was with her from 05/05 to 09/05 in the Philippines. We are getting ready to file for EAD, SSN, and AOS. I graduated school 05/05, and my life has been hectic living in the Philippines, the birth of our son 01/06, etc... My yearly income has been affected because of the long amounts of time I spent with her in the Philippines. Anyway, I getting ready to start my first really decent job which will put me way over the 125%PL, which is what I've been waiting for to file the AOS.

Long story, short question: What is valid, her K-3 or her I-94, as far as her status? I realize the way things are going her AOS may not be approved before her K-3 expires. Does that matter, as her I-94 doesn't expire for another year?

I spent a lot of time researching everything to get her and then my son over here, but once they were here I kinda slacked off as for as learning about the rest of the process. Any help would be appreciated... thanks.

[the undergraduate 0]

So as far as her legal status, she is allowed to stay in the U.S. until 05/08 (of course, we will have adjusted her status before then), but is not allowed to reenter the country after 11/07?

Thanks...

[pnd629 0]

So as far as her legal status, she is allowed to stay in the U.S. until 05/08 (of course, we will have adjusted her status before then), but is not allowed to reenter the country after 11/07?

Thanks...

Her visa was good for a "one time only" entry. She can not leave the U.S. and re-enter until she either gets a green card or has an approved AP(advance parole).

It is a strange situation. Since your wife is married to a U.S. citizen and has been granted entry, she is here legally, but there isn't any paperwork she can carry with her to prove it. My husband is in the same situation. We are waiting for FBI name check to clear for his AOS. At least he has an EAD so he can work and drive!

[LaL 418]

So as far as her legal status, she is allowed to stay in the U.S. until 05/08 (of course, we will have adjusted her status before then), but is not allowed to reenter the country after 11/07?

Thanks...

Her visa was good for a "one time only" entry. She can not leave the U.S. and re-enter until she either gets a green card or has an approved AP(advance parole).

It is a strange situation. Since your wife is married to a U.S. citizen and has been granted entry, she is here legally, but there isn't any paperwork she can carry with her to prove it. My husband is in the same situation. We are waiting for FBI name check to clear for his AOS. At least he has an EAD so he can work and drive!

K3's are allowed to leave & come back with no need for AP.

[kitkat1 5]

http://immigration.lawyers.com/K-3-Foreign-Spouse-Visa.html

Unlike the K-1 fiance visa, the K-3 visa does not confer just a single admission to the United States . A foreign national with a valid K-3 visa may travel outside the U.S. without first obtaining special permission, referred to as advance parole. This is true even if there is a pending application for adjustment of statue. In the case of a K-3, the USCIS will not consider travel abroad to be an abandonment of the adjustment application.

[StormnRolly 0]

So in answer to your question.... with it needing to be a "valid visa" she can not leave the country after her K-3 expires in November.

Good luck,

Kristina

[lucy1979 0]

Hey everybody... basic info: my wife received her K-3 visa 11/05 and came here to the U.S. 05/06. Her K-3 expires 11/07 and her I-94 expires 05/08.

I was with her in the Philippines from 01/06 and came here with her and also before that I was with her from 05/05 to 09/05 in the Philippines. We are getting ready to file for EAD, SSN, and AOS. I graduated school 05/05, and my life has been hectic living in the Philippines, the birth of our son 01/06, etc... My yearly income has been affected because of the long amounts of time I spent with her in the Philippines. Anyway, I getting ready to start my first really decent job which will put me way over the 125%PL, which is what I've been waiting for to file the AOS.

Long story, short question: What is valid, her K-3 or her I-94, as far as her status? I realize the way things are going her AOS may not be approved before her K-3 expires. Does that matter, as her I-94 doesn't expire for another year?

I spent a lot of time researching everything to get her and then my son over here, but once they were here I kinda slacked off as for as learning about the rest of the process. Any help would be appreciated... thanks.

Is your wife in Philippines rigth now? How does she have a I-94? Because we should give it to immigration in the airport...

[kitkat1 5]

Is your wife in Philippines rigth now? How does she have a I-94? Because we should give it to immigration in the airport...

No, she is in the US now:

Hey everybody... basic info: my wife received her K-3 visa 11/05 and came here to the U.S. 05/06. Her K-3 expires 11/07 and her I-94 expires 05/08.

[Yodrak 7]

Kristina,

Not true. One can always leave.

Getting back in is the issue of concern.

Yodrak

So in answer to your question.... with it needing to be a "valid visa" she can not leave the country after her K-3 expires in November.

Good luck,

Kristina

[StormnRolly 0]

LOL... true enough Yodrak