Do I need to file I-131 with I-485 for K3 visa

[ApprovalPlease 0]

Isn't K3 a multiple entry visa for 2 years. if so do I still need to file I-131 along with my I-485. If my above assumption is correct, then which scenario would require a person to file I-131.

thanks in advance.

[MargotDarko 0]

Is the I-131 for advanced parole? If so, you definitely do not need to file it.

[ApprovalPlease 0]

Is the I-131 for advanced parole? If so, you definitely do not need to file it.

Yes it is for advaced parole, the reason I am confused is that it is listed as optional in the forum guides (which means some people are filling it out, I am wondering why they are filling it out for a k3 visa). I just don't want to put my wife in a situation where she can't go back and forth if needed, because I screwed up the paper work.

[kim&james 0]

Is the I-131 for advanced parole? If so, you definitely do not need to file it.

Yes it is for advaced parole, the reason I am confused is that it is listed as optional in the forum guides (which means some people are filling it out, I am wondering why they are filling it out for a k3 visa). I just don't want to put my wife in a situation where she can't go back and forth if needed, because I screwed up the paper work.

Some people fill it out because they did not file their AOS quickly and there is the chance that their visa would expire before completeing AOS.

Some are stuck in namecheck for years and need it.

[YuAndDan 153]

NO

K-3 is 2 year multi-entry visa allowing travel.

Please read I-131 directions:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with the USCIS.

However, upon returning to the United States, you must present your valid H, L, K or V nonimmigrant visa and continue to remain eligible for that status.

http://www.uscis.gov/files/form/I-131instr.pdf

ONLY after K-3 expires will you need AP if AOS is still pending.

[ApprovalPlease 0]

Thanks guys, now to my next questions.

Based on what we indicated in one of the applications. We were told that we will recieve her SSN number via mail within 3 weeks after her arrival into US. This contradicts with some of the posts I saw here that indicated that a K3 visa holder won't have a SSN number until he/she recieves atleast her EAD. Which of the above is the truth?

Edited November 14, 2007 by ApprovalPlease

[YuAndDan 153]

Thanks guys, now to my next questions.

Based on what we indicated in one of the applications. We were told that we will recieve her SSN number via mail within 3 weeks after her arrival into US. This contradicts with some of the posts I saw here that indicated that a K3 visa holder won't have a SSN number until he/she recieves atleast her EAD. Which of the above is the truth?

ONLY if you arrived on a CR-1 or IR-1 IMMIGRANT visa, NOT K-3. K-3 needs EAD card in hand in order to get SSN from SSA office. SSA office will not issue SSN to a person holding a NON-Immigrant K-3 visa because it is NOT work-authorized.

[kim&james 0]

Thanks guys, now to my next questions.

Based on what we indicated in one of the applications. We were told that we will recieve her SSN number via mail within 3 weeks after her arrival into US. This contradicts with some of the posts I saw here that indicated that a K3 visa holder won't have a SSN number until he/she recieves atleast her EAD. Which of the above is the truth?

ONLY if you arrived on a CR-1 or IR-1 IMMIGRANT visa, NOT K-3. K-3 needs EAD card in hand in order to get SSN from SSA office. SSA office will not issue SSN to a person holding a NON-Immigrant K-3 visa because it is NOT work-authorized.

[MargotDarko 0]

Thanks guys, now to my next questions.

Based on what we indicated in one of the applications. We were told that we will recieve her SSN number via mail within 3 weeks after her arrival into US. This contradicts with some of the posts I saw here that indicated that a K3 visa holder won't have a SSN number until he/she recieves atleast her EAD. Which of the above is the truth?

She will need her employment authorisation document (EAD) in order to go into a SSA office and apply for her SSN. Like YuAndDan said, only those who have entered on an immigrant visa (such as CR1 or IR1) can get it automatically by mail. With K3, you need the EAD but only the EAD. She can apply for the SSN with the EAD before her green card comes through.

[MargotDarko 0]

Is the I-131 for advanced parole? If so, you definitely do not need to file it.

Yes it is for advaced parole, the reason I am confused is that it is listed as optional in the forum guides (which means some people are filling it out, I am wondering why they are filling it out for a k3 visa). I just don't want to put my wife in a situation where she can't go back and forth if needed, because I screwed up the paper work.

Some people fill it out because they did not file their AOS quickly and there is the chance that their visa would expire before completeing AOS.

Some are stuck in namecheck for years and need it.

That's a good point. Doesn't sound like ApprovalPlease will need to worry about it - at least not at this point. But someone whose K3 was close to expiring and who hadn't received their green card yet would be smart to file the I-131.

[pushbrk 12,877]

Is the I-131 for advanced parole? If so, you definitely do not need to file it.

Yes it is for advaced parole, the reason I am confused is that it is listed as optional in the forum guides (which means some people are filling it out, I am wondering why they are filling it out for a k3 visa). I just don't want to put my wife in a situation where she can't go back and forth if needed, because I screwed up the paper work.

Some people fill it out because they did not file their AOS quickly and there is the chance that their visa would expire before completeing AOS.

Some are stuck in namecheck for years and need it.

That's a good point. Doesn't sound like ApprovalPlease will need to worry about it - at least not at this point. But someone whose K3 was close to expiring and who hadn't received their green card yet would be smart to file the I-131.

They still would be better off extending the visa validity instead of getting advanced parole. Anyway, it's clear from the I-131 instructions that K3 visa holders don't need AP.

[MargotDarko 0]

They still would be better off extending the visa validity instead of getting advanced parole. Anyway, it's clear from the I-131 instructions that K3 visa holders don't need AP.

Ah. Right. I wasn't thinking of that... not sure why. I guess I was just trying to reason out why anyone with a K3 might apply for AP like kim&james implied that they do.

[Reba 2]

The instructions in the guide are obviously wrong for K3. Only a K1 or someone who is adjusting status from a tourist visa would need an AP application.

[kim&james 0]

They still would be better off extending the visa validity instead of getting advanced parole. Anyway, it's clear from the I-131 instructions that K3 visa holders don't need AP.

Ah. Right. I wasn't thinking of that... not sure why. I guess I was just trying to reason out why anyone with a K3 might apply for AP like kim&james implied that they do.

Actually I was only answering the question of why would they need it. Personally now, if I needed it and my visa was about to expire, I would file the AP since it is now included in the fees and would save the $300 for the visa extension.

[YuAndDan 153]

They still would be better off extending the visa validity instead of getting advanced parole. Anyway, it's clear from the I-131 instructions that K3 visa holders don't need AP.

Ah. Right. I wasn't thinking of that... not sure why. I guess I was just trying to reason out why anyone with a K3 might apply for AP like kim&james implied that they do.

Actually I was only answering the question of why would they need it. Personally now, if I needed it and my visa was about to expire, I would file the AP since it is now included in the fees and would save the $300 for the visa extension.

Good point AP is included in the I-485 FEE, K-3 visa extension is NOT.