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K-3 expiration while waiting for AOS.

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K-3 expiration while waiting for AOS.

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Old Nov 11th 2005, 1:39 am
  #1  
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Default K-3 expiration while waiting for AOS.

Hi guys!
I know that its too early to speak and worry about that, i didnt even approach that brigde to cross it but anyways i wanna know in advance.
My K-3 visa expires in August and i applied for AOS only a few days ago.
I know that it takes sometimes about 1 year to get an interview date or get a green card.
Whatever it may take, i am affraid i wont be done untill August, knowing the work speed of USCIS offices.
Once my K-3 visa expires and i didnt get green card yet, do i have to apply to keep my visa valid until i got approved?
I mean do i have to do ANYTHING or something so that my stay in the US is legal untill my AOS is approved?
Thanks
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Old Nov 11th 2005, 1:43 am
  #2  
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Default Re: K-3 expiration while waiting for AOS.

Originally Posted by Americanwife
Hi guys!
I know that its too early to speak and worry about that, i didnt even approach that brigde to cross it but anyways i wanna know in advance.
My K-3 visa expires in August and i applied for AOS only a few days ago.
I know that it takes sometimes about 1 year to get an interview date or get a green card.
Whatever it may take, i am affraid i wont be done untill August, knowing the work speed of USCIS offices.
Once my K-3 visa expires and i didnt get green card yet, do i have to apply to keep my visa valid until i got approved?
I mean do i have to do ANYTHING or something so that my stay in the US is legal untill my AOS is approved?
Thanks

No, your status is legal as long as you have an AOS petition pending. If you are working and want to contnue to work after the expiration of your K-3 visa, you have to apply for an EAD card at minimum 90 days before the expiration of the present K-3 based EAD card you have. Also if you want to travel after the expiration of the K-3 you will need advance parole which you will have to apply for with form I-131.
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Old Nov 11th 2005, 1:44 am
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Default Re: K-3 expiration while waiting for AOS.

Originally Posted by Americanwife
I mean do i have to do ANYTHING or something so that my stay in the US is legal untill my AOS is approved?
When you submitted the AOS paperwork, your status changed to "Adjustment Pending" until such time as a decition on the AOS is made. This is perfectly fine for remaining in the US. I don't believe you need to do anything further.

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Old Nov 11th 2005, 1:44 am
  #4  
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Default Re: K-3 expiration while waiting for AOS.

Originally Posted by Rete
No, your status is legal as long as you have an AOS petition pending. If you are working and want to contnue to work after the expiration of your K-3 visa, you have to apply for an EAD card at minimum 90 days before the expiration of the present K-3 based EAD card you have. Also if you want to travel after the expiration of the K-3 you will need advance parole which you will have to apply for with form I-131.


Thanks a lot
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Old Nov 11th 2005, 2:32 am
  #5  
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Default Re: K-3 expiration while waiting for AOS.

Originally Posted by Americanwife
Hi guys!
I know that its too early to speak and worry about that, i didnt even approach that brigde to cross it but anyways i wanna know in advance.
My K-3 visa expires in August and i applied for AOS only a few days ago.
I know that it takes sometimes about 1 year to get an interview date or get a green card.
Whatever it may take, i am affraid i wont be done untill August, knowing the work speed of USCIS offices.
Once my K-3 visa expires and i didnt get green card yet, do i have to apply to keep my visa valid until i got approved?
I mean do i have to do ANYTHING or something so that my stay in the US is legal untill my AOS is approved?
Thanks
Hi:

No, the K-3 visa cannot be extended or renewed. You will need advance parole to travel once the K-3 visa has expired.
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Old Nov 11th 2005, 2:51 am
  #6  
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Default Re: K-3 expiration while waiting for AOS.

    > Hi guys!
    > I know that its too early to speak and worry about that, i didnt even
    > approach that brigde to cross it but anyways i wanna know in advance.
    > My K-3 visa expires in August and i applied for AOS only a few days
    > ago.
    > I know that it takes sometimes about 1 year to get an interview date
    > or
    > get a green card.
    > Whatever it may take, i am affraid i wont be done untill August,
    > knowing
    > the work speed of USCIS offices.
    > Once my K-3 visa expires and i didnt get green card yet, do i have to
    > apply to keep my visa valid until i got approved?
    > I mean do i have to do ANYTHING or something so that my stay in the US
    > is legal untill my AOS is approved?
    > Thanks
    > --

You will need to get work permit as soon as possible because it normally
takes a few months depending on your luck. I got my driver's license
last year on my work permit and I had to renew it once the one-year
permit expires. To get EAD is easy, if you have a lawyer and he will
take care of the paperwork, if you don't just download the forms on line
and mail BCIS with a check. But I've heard of some cases that even you
mail it on registered mail BCIS later claims they didn't receive the
check. EAD is very important, all your status is on this piece of
document until you get green card. Wish you good luck!

--
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Old Nov 11th 2005, 4:07 am
  #7  
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Default Re: K-3 expiration while waiting for AOS.

Originally Posted by Folinskyinla
Hi:

No, the K-3 visa cannot be extended or renewed. You will need advance parole to travel once the K-3 visa has expired.
Thank you again to everyone for the answers!
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Old Nov 11th 2005, 11:20 am
  #8  
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Default Re: K-3 expiration while waiting for AOS.

Originally Posted by Tang
EAD is very important, all your status is on this piece of document until you get green card.
This is absolutely false. Her status in the US is not dependent on her EAD.

Ian
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