linda94002

I am confusing about AP for K3/K4 after handing in the application for AOS. Some say NO as K3/K4 visa is multi-entry. others say we need AP to travel out of US. Anyone get such experience? Thanks

jeffreyhy

linda,

The issue is not traveling out of the US, and for K3 holders it is not the ability to re-enter, either. The issue for K3 holders who have applied for AOS is whether or not their travel outside the US will be considered as abandonment of their AOS application.

The rules say that a K3 can travel outside the US and it is not considered abandonment of AOS.

However, I know 1 attorney who has had a number of cases where the K3 visa holder did not have AP and CIS has considered the AOS application abandoned as a consequence of the travel. The decisions have been fought and won, but at what cost in time, effort, and money? This particular attorney considers AP for a K3 to be worthwhile 'insurance' against a CIS screw-up.

Regards, JEff