Form I-539 - Extension of Status: K3 visa
Jul 30th 2003, 7:02 am
#16
Mummy and baby 1982
Joined: May 2003
Location: North West Chicago Suburbs
Posts: 1,067
Originally posted by jeffreyhy
Mr. F,
Does a person who has entered the USA on a K3 visa, and who has filed an I-485 application to adjust status from non-immigrant to Permanent Resident, abandon that application by the act of leaving the USA without first obtaining Advance Parole?
And if that same person then re-enters the USA using their still valid K3 visa, do they have to file a new I-485 if they still wish to become a Permanent Resident?
Regards, JEff
Mr. F,
Does a person who has entered the USA on a K3 visa, and who has filed an I-485 application to adjust status from non-immigrant to Permanent Resident, abandon that application by the act of leaving the USA without first obtaining Advance Parole?
And if that same person then re-enters the USA using their still valid K3 visa, do they have to file a new I-485 if they still wish to become a Permanent Resident?
Regards, JEff
Hello
Thanks Rete and Jeff and Mr F. I think the penny his finally dropping.
K3 visa is my legal entry into the US, maintains legal status here for 2 years and that is that. If I wanted to travel in and out of the US I could.
However, once I apply for the AOS I would then require AP to prevent abandoning my AOS application if I want to travel in and out of the US. Have I got it? I do hope so!
Thanks ...please put me right if not!
Maggs
Sep 1st 2003, 6:43 am
#17
Forum Regular
Joined: May 2003
Location: Oregon, USA / Quebec, Canada
Posts: 81
Originally posted by Folinskyinla
Hi:
This isn't rocket science by any means. If she wants to travel -- she can travel. There is nothing to stop her. However, if she wants to come back while leaving the AOS pending, she needs advance parole.
An I-539 has nothing to do with travel [other than to Mexico or Canada], never has.
Hi:
This isn't rocket science by any means. If she wants to travel -- she can travel. There is nothing to stop her. However, if she wants to come back while leaving the AOS pending, she needs advance parole.
An I-539 has nothing to do with travel [other than to Mexico or Canada], never has.
From http://travel.state.gov/state167548.html:
--------------------------------------------------------
Use of the K3/K4 NIV to Travel Outside the United States
--------------------------------------------------------
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.
Sep 2nd 2003, 9:05 am
#18
Guest
Posts: n/a
Re: Form I-539 - Extension of Status: K3 visa
I had the photos done at a photo shop when I was visiting my fiance in
the Philippines. The photo shop had a set-up for this type of photo.
On Mon, 01 Sep 2003 18:43:02 +0000, timesup
<[email protected]> wrote:
>Originally posted by Folinskyinla
>> Hi:
>> This isn't rocket science by any means. If she wants to travel -- she
>> can travel. There is nothing to stop her. However, if she wants to
>> come back while leaving the AOS pending, she needs advance parole.
>> An I-539 has nothing to do with travel [other than to Mexico or
>> Canada], never has.
>As far as I can tell, this is not true for those with a K3 visa.
>According to the U.S. State Department's site, a K3 holder leaving
>the U.S. while AOS is pending is not considered an abandonment of
>that petition.
>From http://travel.state.gov/state167548.html:
>--------------------------------------------------------
>Use of the K3/K4 NIV to Travel Outside the United States
>--------------------------------------------------------
>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.
the Philippines. The photo shop had a set-up for this type of photo.
On Mon, 01 Sep 2003 18:43:02 +0000, timesup
<[email protected]> wrote:
>Originally posted by Folinskyinla
>> Hi:
>> This isn't rocket science by any means. If she wants to travel -- she
>> can travel. There is nothing to stop her. However, if she wants to
>> come back while leaving the AOS pending, she needs advance parole.
>> An I-539 has nothing to do with travel [other than to Mexico or
>> Canada], never has.
>As far as I can tell, this is not true for those with a K3 visa.
>According to the U.S. State Department's site, a K3 holder leaving
>the U.S. while AOS is pending is not considered an abandonment of
>that petition.
>From http://travel.state.gov/state167548.html:
>--------------------------------------------------------
>Use of the K3/K4 NIV to Travel Outside the United States
>--------------------------------------------------------
>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.
