K3/AOS/Visa Expire/I-94

[desi2006 0]

My wife is here on K3 visa & I'm filing the AOS for her now in June-2007.

Her K3 visa will expire in April-2008 & when she entered the country in Jan-2007, the immigration officer stamped Jan-2009 on her I-94.

Does that mean, her status will remain legal after her K3 visa expire because of Jan-2009 date on her I-94?

what if we don't hear anything from USCIS by the time her I-94 expires? in Jan-2009

what would be our options then?

what would she has to do to remain Legal in the country?

I'll appreciate any help

[cellarlily 0]

For the K1 people, they are legal in the country even if their I-94 has expired as long as they have married and have filed for AOS. They're technically "out of status", but legal because they have their card pending.

I believe this should be the same for K3. You have no control over when they issue her green card. It could take them 2 months, but it could take them 2 years. As long as you file before her I-94 expires, you will be okay.

[Kez/JWolf 6]

The K3 is valid for 2 years from the date of entry... that is why there is a 2009 expiry on the I-94.... also the K3 is a multi entry visa so it is good for travel for the 2 years.... if her AOS is not approved by the time her K3 expires in Jan 2009 the her status will be AOS (pending)... there is nothing you need to do or worry about...

Kez

[YuAndDan 153]

One thing you may want to do if you plan on EAD, is file for the EAD (BEFORE) filing the AOS paperwork, The EAD expire date then will be tied to the I-94 expire date, (Jan 2009). If you file for EAD with or after filing for AOS, the EAD will have an expire date of 1 year.

This is a bonus of the 2 year I-94 that a K-3 gets.

If you don't get anything from USCIS before visa expires, you can get the visa extended by filing form I-539.

K-3/4 Nonimmigrants:

Use this form to obtain an extension of K-3/4 status while your permanent residence case is being processed. You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request renewal of your employment authorization. You may travel outside of the U.S. and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Yodrak 7]

desi,

Recognize that the visa does not give her status, the I-94 does that. The visa only allows her to come to a POE and request entry.

To "remain Legal" after the I-94 expires she must have an I-485 in process, if she hasn't been granted her LPR status already.

Yodrak

My wife is here on K3 visa & I'm filing the AOS for her now in June-2007.

Her K3 visa will expire in April-2008 & when she entered the country in Jan-2007, the immigration officer stamped Jan-2009 on her I-94.

Does that mean, her status will remain legal after her K3 visa expire because of Jan-2009 date on her I-94?

what if we don't hear anything from USCIS by the time her I-94 expires? in Jan-2009

what would be our options then?

what would she has to do to remain Legal in the country?

I'll appreciate any help

YuAndDan,

As the quote you provide clearly states, I-539 is to extend status. It does not extend the visa.

Yodrak

.....

If you don't get anything from USCIS before visa expires, you can get the visa extended by filing form I-539.

K-3/4 Nonimmigrants:

Use this form to obtain an extension of K-3/4 status while your permanent residence case is being processed. You may also submit a Form I-765, Application for Employment Authorization, at the same time as this form to request renewal of your employment authorization. You may travel outside of the U.S. and be readmitted as a K-3/4, if you have a valid passport and K-3/4 visa.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[Yodrak 7]

For the avoidance of confusion, let's clearly understand that the K3 visa is good for travel to the USA only until it expires in April 2008, when the visa expires.

When the K3 status expires, as indicated on the I-94, is something completely different.

Yodrak

The K3 is valid for 2 years from the date of entry... that is why there is a 2009 expiry on the I-94.... also the K3 is a multi entry visa so it is good for travel for the 2 years.... .....

Kez

Edited June 21, 2007 by Yodrak

[desi2006 0]

For the avoidance of confusion, let's clearly understand that the K3 visa is good for travel to the USA only until it expires in April 2008, when the visa expires.

When the K3 status expires, as indicated on the I-94, is something completely different.

Yodrak

The K3 is valid for 2 years from the date of entry... that is why there is a 2009 expiry on the I-94.... also the K3 is a multi entry visa so it is good for travel for the 2 years.... .....

Kez

Thanks very much guys for all your help. I really appreciated!