kebuchan

Hi all,

Just had a couple of questions about adjusting status, I'm on a K-3 right now.

I travel back to Canada about once every 6 weeks, how long would it take to get a "travel document" and is it something that's multiple entry or would I have to do it once every trip out of the US?

My wife who sponsored me, doesn't work any more, she's a stay at home Mom. I am working full time though. For the affidavit of support, would I need to have her or some other US citizen sponsor, or could I just get by with my own income?

Would really appreciate any feedback!

Thanks,

Kevin

Elvira

From what I hear, Advance Parole is now taking at least 3 months to get, or even longer. It is usually multiple entry.

DK about the affidavit.

Noorah101

Hi Kevin,

The K-3 visa is actually valid for 2 years, multiple entry, so you won't need AP before your 2 years is up. After that, AP is done by filing form I-131, and usually takes 2 - 3 months to receive. If you ask for multiple entry on the I-131 form, you'll receive an AP which is valid for 1 year, multiple entries during that year.

As for the I-864 Affidavit of Support, if you have been living with your wife for 6 months or more, your income can be included. If not, you'll need to get a joint sponsor, or use assets (if you have enough to qualify).

Best Wishes,
Rene

kebuchan

My lawyer didn't seem 100% sure of what she was saying that's why I thought I'd ask on here.

She said that once I submit my AOS, my K-3 is not really valid any longer so I need to apply for AP. I hope you're right though because my K-3 is still valid for about a year.

Thanks Rene,

Kevin

Noorah101

Hi Kevin,

Be forewarned that I am *not* an attorney. Please consult with an experienced immigration attorney before leaving the USA without AP. This is my understanding of the K-3 visa.

Best Wishes,
Rene

Elvira

Is your lawyer an immigration lawyer?

"...Will I need to apply for Advance Parole in order to leave and then reenter the United States?
A..Not as a K3/K4. You will need Advance Parole to reenter the United States at any time after your status as K3/K4 has ended, but before obtaining Permanent Residency."

http://www.visajourney.com/faq/k3k4visa-aos.html

meauxna

Or, you could always confirm it at uscis.gov

http://www.uscis.gov/graphics/howdoi/hdiknonimm.htm
Can I Travel Outside the United States?
If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

Maybe the lawyer's internet is broken.

Elvira

Okay................

What about that lawyer though???

meauxna

Maybe she's broken?

Elvira

As opposed to bent...

Folinskyinla

Hi:

If you have a valid K-3 VISA [note the word "VISA"], then you can travel on that. If your K-3 VISA has expired and you have an adjustment pending, then you will need an "advance parole" issued BEFORE you depart. The time it takes to obtain an advance parole document is every easy to compute once you have two items -- the date of filing of the I-131 and the date of reciept of the I-512. Before you have BOTH pieces of information in hand, the processing time is a matter of speculation.

On the I-864 -- if you've been living with your wife for over six months, then you can execute an I-864A to go with the I-864 and use YOUR income.

Folinskyinla

Hi:

A smart lawyer knows when they are not sure of something. I know that I do NOT know everything there is to know about immigration law. Would you believe that there are brainstorming immigration lawyer chat groups? We mentor each other a lot.