georgiagirl

My hubby's K3 will be expired next year and we're not sure about how to go about getting an extension. His EAD will also expire in May 2005. We have not applied for AOS, but are going through the consulate in Montreal instead. We MIGHT have an interview date before the K3 expires, but do not want to take the chance of him going out of status. Thanks in advance for any input!

jeffreyhy

gg,

I believe it's I-539 that can be used to extend K3 status, but that does not extend the K3 visa.

Regards, JEff

georgiagirl

Jeff, I don't get it, how can you extend status without extending the visa???? Sorry if this is a dumb question.

Rete

I'm guessing JEff will tell you it is something like his take on the adjudication of the I-130 at the US Consulate -- you get a visa but don't get a green card but in your case you get extended time but not new K-3 in your passport.

JEff is into semantics

jeffreyhy

georgiagirl,

I mean that I don't think your husband can continue to use the K3 visa to re-enter the country should he leave.

Same as if he had applied for AOS, in which case he would not need to apply to extend his K3 status. I think that he has to do one or the other or he will be out of status after the expiration date of his I-94. But whichever he does, the visa has expired.

Regards, JEff

jeffreyhy

Rete,

See my actual explanation to gg. If I'm right it's a question of more than semantics, unlike the immigrant visa v. 'Green Card' issue.

Regards, JEff

georgiagirl

Okay so let me get this straight, we will need to file for an extension on the K3 and the EAD so that we do not run the risk of being "out of status" while we await an interview date. However, if we leave the US while the K3 is under the extension, he will be denied re-entry because he won't have a valid K3 in his passport? That is easy, we just won't leave the US until the interview date. Is my interpretation correct???

jeffreyhy

gg,

You understand me correctly - the more important question is, am I correct?

Look for posts by Folinskyinla on this issue - there were a few maybe 6 months back or so. They were among his more obscurely worded posts, not easy to figure out his point.

Regards, JEff

Rete

Which in and of itself does not make sense. I know the USCIS has you by the fill in the blank but if you are not allowed to file for AOS because the I-130 is still pending then you can't apply for advance parole and you are thereby being held against your will even if it is in a country you want to live in.

Rete

georgiagirl

Actually my husband's I-130 has been approved, but we don't want to go through the Atlanta service center for AOS. Hopefully we can get his green card faster by going through the Montreal consulate. (fingers crossed...)

Do we need to file a seperate form for the K3 extension and the EAD extension? I see no mention of a form for extending the EAD on the USCIS website.

jeffreyhy

gg,

I-765 for EAD, renewal as well as original.

Good luck with the interview.

Regards, JEff

jeffreyhy

Rete,

True, it doesn't make sense. And reading the special instruction for the I-539 for K3/K4 non-immigrants I find that I am likely wrong about this - it says that a K3 or K4 can continue to leave the US and be re-admitted as provided that they have a valid passpost and K3 or K4 visa.

They must have had both of these at one time because otherwise they couldn't be in the US as a K3 or K4. The passport could have been allowed to expire. What things might make the visa invalid, if the passage of time does not?

When will Folinsky be back from vacation!

Regards, JEff

HunterGreen

The 19th. He's definitely been missed.

Elaine

cindyabs

I wouldn't count on all the kinks having been ironed out, as so many of us K3ers know and Mr F (COME BACK, COME BACK!!!) has stated many times. After all, they still use 129F for the K3 etc. At times it seems like it's just been made of as they go along.