yorkshiregirl

This morning I was offered a job - the only problem being that it involves foreign travel.
I am in the US on a K3 visa and I'm waiting for the I-130 to be approved (currenty taking 495-525 days at NSC).
We are going to re-file the I-130 along with AOS at Seattle District Office (hopefully they'll accept re-filing) but as my husband is away for the next four weeks I can't file anything until he returns.
I rang the 1-800 number and was told that I couldn't file for advance parole unless I'd filed for AOS ...BUT on a K3 nonimmigrant visa I didn't need advance parole. I told the woman the info on the I-131 form about not needing AP only if a person has (1) K3 visa and (2) filed for AOS. She was adament that I would be OK. So, I rang again and spoke to someone else who quoted exactly the same thing. In fact she said it is easier to travel before filing for AOS as couldn't abandon something I hadn't applied for.
I have read several threads about AP here and read the advice about AP as an insurance policy - which I agree is a very good idea.
Providing Seattle do accept the re-filing of the I-130, if I file for a I-131 at the same time as AOS will I have to wait for everything to be approved before I get AP or should I file the I-131 separately?
Also, has anyone heard of travelling on a K3 visa having not filed for AOS?
I would appreciate any advice.

yorkshiregirl

Perhaps I have found the answer to my own question!
This is exactly what I was quoted when I rang the 1-800 number:

on http://travel.state.gov/state167548.html
it states:
Use of the K3/K4 NIV to Travel Outside the United States

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38. According to the BCIS 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 BCIS to avoid abandonment of their adjustment application with BCIS, if they leave the United States.

does anyone know how reliable (or not) this site is?

superdesi

That is a governmental site and I would value its content just like the BCIS website.

SecretGarden

DO NOT ever trust anything said to you on the 800 number. As is common knowledge here in the group, the people answering the phone have no more information that what the man on the street would have about immigration rules and regs. They are contracted workers who read what is on their screen and their expertise does not go further than that. Here in the group, it is commonly referred to as the "1-800 MIS information" number, by laymen and lawyer types alike.

~SecretGarden

yorkshiregirl

I know this to be true!! I have had a number of phone calls to them over the past 14 months and been given very conflicting advice.
I am taking an internal flight on Thursday and thought of asking to speak with someone from immigration to ask what their policy is for K3 visa people returning to the US. I'm sure I won't get to speak to anyone but I can try.

JubJub

How do you return to the US when taking an internal flight? Or were you just asking that whilst at the airport?

jeffreyhy

ysg,

This is the regulation. This is what is supposed to happen. Most of the time this is what does happen.

Every once in a while a K3 runs across a CIS person who does not know or correctly understand the regulation. Then there is a problem that needs to be resolved.

The K3 visa is still quite new. This AP thing is not the only aspect of the K3 that is handled inconsistently - witness the question of whether a K3 can apply for AOS before the I-130 petition has been approved. There are 3 different answers to that one.

Stop driving yourself crazy over this and accept that there is a degree of uncertainty.

Regards, JEff