Worried! My husband is traveling w/o approval of GC

[AInfante-Saraireh 0]

We had our AOS interview almost 3 weeks ago. No word. Don't even know if it's been approved. I know the I130 is still not approved, check with USCIS online everyday and no emails or letters from them. My husband will be traveling in two weeks to his home country for 6 weeks to see his family. He's been in the USA since August, 2006. I'm worried by not getting a firm answer from them if the AOS is approved or not. What if they decline it and he's traveling and can't get back in the country?

Also, if I don't hear anything I will call in a few weeks and see if they know anything by then or they can shoot an email over to Chicago. I don't know the wait for the EAD to be renewed, but if we don't hear anything regarding his GC, he will have to get his application in by February to allow time for EAD renewal. What do I do about his K3 visa that will expire next July, 2008? Do I have to call them for an extension, file a certain paper? Not sure, but want to plan ahead just incase. The fees are high and we need to save for that also.

Thanks,

Andrea

[Cécy 44]

Since your husband came on a K3 and that it's still valid it's not a problem for him to travel out of the country, even if his AOS is pending.

You can't file for a K3 extension. Once it expires he should remain in the US and wait for the approval. What you can do though is file for AP if there is a need to travel out of the country.

As for the EAD it is recommended to file for extension about 90 days before it expires (since that's usually the time it takes for it to be processed).

Now considering the fact that you have no news from them. Here is what USCIS says:

The processing times that we publish let you estimate how long it will take us to process cases filed before yours, and then process your case. However, every case is different and sometimes an individual case can take longer than average.

If you don't hear from us within the normal processing time, check for updated processing times on our website. If your case has a receipt number, use it to check on the status of your case at the same time. We recommend this action on your part because our notice may be on its way to you.

If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation.

* The extra 30 days is to allow time for any notice from us to reach you as we process your case.

Have you called the (mis)information line to inquire about your case?

Do you know if you are stuck with FBI namecheck?

If the phone line can't give you information, you can schedule an infopass appointment to inquire about your case, and hopefully they can tell you what's going on.

[AInfante-Saraireh 0]

Thank you so much for this valuable information. I didn't know the K3 can't be renewed or extended. Ok, so he will have to get AP if not approved by then. Before our AOS interview, we were contacted by USCIS letting us know that the I130 was under investigation which was a standard procedure. So it's been going on since April of 2006. I would imagine that is an FBI name check. Who knows. It still wasnt' approved when CSC sent it to the AOS interview as part of the interview process. So here we stand, no approval of I130 yet or answer on AOS.

[Jasman0717 9]

Since your husband came on a K3 and that it's still valid it's not a problem for him to travel out of the country, even if his AOS is pending.

You can't file for a K3 extension. Once it expires he should remain in the US and wait for the approval. What you can do though is file for AP if there is a need to travel out of the country.

As for the EAD it is recommended to file for extension about 90 days before it expires (since that's usually the time it takes for it to be processed).

Now considering the fact that you have no news from them. Here is what USCIS says:

The processing times that we publish let you estimate how long it will take us to process cases filed before yours, and then process your case. However, every case is different and sometimes an individual case can take longer than average.

If you don't hear from us within the normal processing time, check for updated processing times on our website. If your case has a receipt number, use it to check on the status of your case at the same time. We recommend this action on your part because our notice may be on its way to you.

If at any point your case should become more than 30 days outside our normal processing time, and you haven't received a written decision or update from us within the last 60 days, you can help us by calling customer service and letting us know. We will research your case, see what needs to be done to get it processed, and get back to you with an explanation.

* The extra 30 days is to allow time for any notice from us to reach you as we process your case.

Have you called the (mis)information line to inquire about your case?

Do you know if you are stuck with FBI namecheck?

If the phone line can't give you information, you can schedule an infopass appointment to inquire about your case, and hopefully they can tell you what's going on.

Isn't the K-3 only good for two years? What is the expiration date for it?

[Cécy 44]

The first post says July 2008th

[AInfante-Saraireh 0]

yeah it's july 2008. Im sure my husband is on fbi name check but they haven't said that for sure. Even when I was pushing the I130 to be approved through our senators office, they told me it was pending investigation and there was nothing they could do about it. Well, we have some time, so we will see what happens in the interum

[pushbrk 12,883]

yeah it's july 2008. Im sure my husband is on fbi name check but they haven't said that for sure. Even when I was pushing the I130 to be approved through our senators office, they told me it was pending investigation and there was nothing they could do about it. Well, we have some time, so we will see what happens in the interum

The the timeline are...

7-26-06 Faisal is approved for K3 Visa

8-24-06, Faisal arrives at O'Hare Airport!!!!!!!

The first date is not longer of concern. Faisal should now an I-94 with an expiration date of 8/23/2008.

Yes, his stay on the K3 visa can be extended in two-year intervals, while waiting for AOS to be completed.

6. Can I extend my stay on K-3 spouse visa?

Yes, you may apply for extension of stay while on K-3 spouse visa using Form I-539, Application to Extend or Change nonimmigrant status, 120 days prior to the expiration of your authorized stay. Extension will be granted in two-year intervals.

http://faq.visapro.com/K3-Visa-FAQ3.asp

[Cécy 44]

yeah it's july 2008. Im sure my husband is on fbi name check but they haven't said that for sure. Even when I was pushing the I130 to be approved through our senators office, they told me it was pending investigation and there was nothing they could do about it. Well, we have some time, so we will see what happens in the interum

The the timeline are...

7-26-06 Faisal is approved for K3 Visa

8-24-06, Faisal arrives at O'Hare Airport!!!!!!!

The first date is not longer of concern. Faisal should now an I-94 with an expiration date of 8/23/2008.

Yes, his stay on the K3 visa can be extended in two-year intervals, while waiting for AOS to be completed.

6. Can I extend my stay on K-3 spouse visa?

Yes, you may apply for extension of stay while on K-3 spouse visa using Form I-539, Application to Extend or Change nonimmigrant status, 120 days prior to the expiration of your authorized stay. Extension will be granted in two-year intervals.

http://faq.visapro.com/K3-Visa-FAQ3.asp

Thank you for correcting me. I stopped in the FAQ when it says to file for AP when the K3 expires... I need to remember to read it ALL... or give the links to the guides.

[AInfante-Saraireh 0]

yeah it's july 2008. Im sure my husband is on fbi name check but they haven't said that for sure. Even when I was pushing the I130 to be approved through our senators office, they told me it was pending investigation and there was nothing they could do about it. Well, we have some time, so we will see what happens in the interum

The the timeline are...

7-26-06 Faisal is approved for K3 Visa

8-24-06, Faisal arrives at O'Hare Airport!!!!!!!

The first date is not longer of concern. Faisal should now an I-94 with an expiration date of 8/23/2008.

Yes, his stay on the K3 visa can be extended in two-year intervals, while waiting for AOS to be completed.

6. Can I extend my stay on K-3 spouse visa?

Yes, you may apply for extension of stay while on K-3 spouse visa using Form I-539, Application to Extend or Change nonimmigrant status, 120 days prior to the expiration of your authorized stay. Extension will be granted in two-year intervals.

http://faq.visapro.com/K3-Visa-FAQ3.asp

Oh so you can renew the K3. That's what I thought! Thank you!

[Dakine 26]

We had our AOS interview almost 3 weeks ago. No word. Don't even know if it's been approved. I know the I130 is still not approved, check with USCIS online everyday and no emails or letters from them. My husband will be traveling in two weeks to his home country for 6 weeks to see his family. He's been in the USA since August, 2006. I'm worried by not getting a firm answer from them if the AOS is approved or not. What if they decline it and he's traveling and can't get back in the country?

Also, if I don't hear anything I will call in a few weeks and see if they know anything by then or they can shoot an email over to Chicago. I don't know the wait for the EAD to be renewed, but if we don't hear anything regarding his GC, he will have to get his application in by February to allow time for EAD renewal. What do I do about his K3 visa that will expire next July, 2008? Do I have to call them for an extension, file a certain paper? Not sure, but want to plan ahead just incase. The fees are high and we need to save for that also.

Thanks,

Andrea

No problem as long if they didn't remove the I-94 at the interview as they did my wifes.

Told her she'd have to get AP if she wanted to leave and return until she got GC.

SNAFU on their part but what's new?

Edited September 24, 2007 by beckypua

[irahaymeh 0]

Hi Andrea,

I was discussing your husband's travel plans with my husband who is also from Jordan and he says if your husband leaves before he gets his green card, it will be almost impossible for him to return. His advice is that he puts off his trip until after he has his green card. Fortunately, our I130 was approved while my husband was still in Jordan so when he went for his interview at Jordan embassy, he took the I130 and abandoned the K3. You should tell your husband to seriously think about this before he leaves for Jordan as he may not be able to return.

[*Maureen* 0]

I think Andrea's husband will be fine for travel on a K3. A K3 is is multi-entry visa for her husband to re-enter the United States unless something has changed that I am not aware of.

[pushbrk 12,883]

Hi Andrea,

I was discussing your husband's travel plans with my husband who is also from Jordan and he says if your husband leaves before he gets his green card, it will be almost impossible for him to return. His advice is that he puts off his trip until after he has his green card. Fortunately, our I130 was approved while my husband was still in Jordan so when he went for his interview at Jordan embassy, he took the I130 and abandoned the K3. You should tell your husband to seriously think about this before he leaves for Jordan as he may not be able to return.

K3 is a multiple entry visa. Why do you think there would be a problem making a second US entry on a multiple entry visa?

[AInfante-Saraireh 0]

It states in many USCIS documents about the K3 being a multi-entry visa. So they didn't take his departure card at the interview and he can travel there and back. I pray he doesn't have a problem with them or he gets denied GC while he's gone or they need another paper asap and he's not here.

Hi Andrea,

I was discussing your husband's travel plans with my husband who is also from Jordan and he says if your husband leaves before he gets his green card, it will be almost impossible for him to return. His advice is that he puts off his trip until after he has his green card. Fortunately, our I130 was approved while my husband was still in Jordan so when he went for his interview at Jordan embassy, he took the I130 and abandoned the K3. You should tell your husband to seriously think about this before he leaves for Jordan as he may not be able to return.

Hi there. It's ok. The USCIS says he can travel without AP because the K3 is multi-entry. Thanks for your concern, I appreciate it.