Spouse and kids with K-3 & K-4 traveling before AOS

[workin4somethin 0]

My K-3 spouse and K-4 kids left the country for the summer. When they checked in to their departing flight at the airport in Atlanta, their I-94's were taken from their passports by the airline representatives working the counter.

I suppose they should have no problem leaving Russia, as they have their U.S. visas.

Exactly what documentation do my spouse and kids need to provide to the U.S. authorities when they try to re-enter?

Thanks!

[Donna A 4]

as long as their visa's are still valid they wont need anything more. they will give a new I-94 on the plane to fill out right before arriving back into the united states. i hope they checked out with immigration when they left. at least thats what they told my husband to do if he left.

[workin4somethin 0]

as long as their visa's are still valid they wont need anything more. they will give a new I-94 on the plane to fill out right before arriving back into the united states. i hope they checked out with immigration when they left. at least thats what they told my husband to do if he left.

Thanks Donna!

They did not do any sort of "check-out" with Immigration.

They did not apply for advance parole or anything.

It is our simple understanding that the K-3 and K-4 visas are multi-entry, and advance parole is not required if AOS has not yet been applied for.

I am thinking that Immigration will be able to pull their status up on their computers upon re-entry, which will show that they entered properly the first time with their packet of stuff from the US Embassy in Russia.

I am now trying to confirm whether their visas and a newly completed I-94 will be enough for them to re-enter the USA, or whether it is necessary for them to carry any other immigration documents such as they did upon their initial entry into the USA.

[Yodrak 7]

workin4somethin,

Advance Parole is not required even if AOS has been applied for, until the visas expire.

Yodrak

....

It is our simple understanding that the K-3 and K-4 visas are multi-entry, and advance parole is not required if AOS has not yet been applied for.

......

[Donna A 4]

is just i rembember when my husband came to visit me for a week cuz he wasnt ready to move here yet he went back until his contract was finished. they told him he needed to check out with immigration before he left. i beleive they took fingerprints and pics when he left. then he came back and they redid everything again.

now after we applied for aos and his visa expired he went back to visit his family and he stopped back at immigration and they said they didnt need him this time. only when ur on the k-3 visa does he have to stop in before leaving.

i hope everything goes ok for ur wife entering.

[workin4somethin 0]

I found the following information on a USCIS website (at the web address below) regarding the language of a Federal Register Telegram:

"http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html#"

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Use of the K3/K4 NIV to Travel Outside the United States

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38. According to the USCIS rule, "aliens present in the United States in a K3/K4 nonimmigrant classification may travel outside of the United States and return using their nonimmigrant K3/K4 visa, even if they have filed for adjustment of status in the U.S. prior to departure "The Service will not presume that departure constitutes abandonment of an adjustment application that has been filed."

39. Note that this is quite different from those holding K1/K2 status who are required to obtain advance parole from USCIS to avoid abandonment of their adjustment application with USCIS, if they leave the United States.

I am sure this means that my wife and kids can re-enter the USA simply using their K3 and K4 visas. I am trying to locate anyone who has actually done it -- to gain the information from their experience.

Thanks!