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K-3 expires in 12 days!

K-3 expires in 12 days!

Old Sep 27th 2004, 2:01 pm
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Default K-3 expires in 12 days!

My husband's K-3 expires on October 9th. His I-94 is good until May 2006 (I'm not sure why). We have chosen not to file AOS, and go to him country for the interview. His file was sent to Tel Aviv in the middle of July, and we still have not heard anything about an interview.

The only option I can see at this point is to file AOS, and wait the 3 years Atlanta is taking (it's already been 2 1/2) . Is there anything else we can do (other than for him to go back to Israel and wait it out)?

Megan
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Old Sep 27th 2004, 2:30 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by Megan
My husband's K-3 expires on October 9th. His I-94 is good until May 2006 (I'm not sure why). We have chosen not to file AOS, and go to him country for the interview. His file was sent to Tel Aviv in the middle of July, and we still have not heard anything about an interview.

The only option I can see at this point is to file AOS, and wait the 3 years Atlanta is taking (it's already been 2 1/2) . Is there anything else we can do (other than for him to go back to Israel and wait it out)?

Megan
Megan,
Have you,( sorry can't remember) or can you now contact Congressman or Senator?
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Old Sep 27th 2004, 2:30 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by cindyabs
Megan,
Have you,( sorry can't remember) or can you now contact Congressman or Senator?

Perhaps Mr F can shed some light on this?
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Old Sep 27th 2004, 3:18 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by Megan
My husband's K-3 expires on October 9th. His I-94 is good until May 2006 (I'm not sure why). We have chosen not to file AOS, and go to him country for the interview. His file was sent to Tel Aviv in the middle of July, and we still have not heard anything about an interview.

The only option I can see at this point is to file AOS, and wait the 3 years Atlanta is taking (it's already been 2 1/2) . Is there anything else we can do (other than for him to go back to Israel and wait it out)?

Megan
Hi:

I'm curious on why you think the I-94 is in error?

In any case, you can file for an extension of the K-3 admission since you believe the I-94 is wrong.

As long as you keep him in K-3 status, he can wait in the US until he get the interview date from Haryakon Street.
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Old Sep 27th 2004, 3:45 pm
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Default Re: K-3 expires in 12 days!

Meegan,

Trying to understand what your husband's possible problem is and learn something from Folinskyinla's response. If you're compfortable sharing the information, could you tell us
- What was the issue date of your husband's K3 visa?
- What was the date of his first entry into the USA using his K3 visa?
- What was the date of his last entry into the USA using his K3 visa?

Thanks.

Regards, JEff

Originally Posted by Megan
My husband's K-3 expires on October 9th. His I-94 is good until May 2006 (I'm not sure why). We have chosen not to file AOS, and go to him country for the interview. His file was sent to Tel Aviv in the middle of July, and we still have not heard anything about an interview.

The only option I can see at this point is to file AOS, and wait the 3 years Atlanta is taking (it's already been 2 1/2) . Is there anything else we can do (other than for him to go back to Israel and wait it out)?

Megan
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Old Sep 27th 2004, 4:42 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by cindyabs
Perhaps Mr F can shed some light on this?
Hurray, I knew he's come through,
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Old Oct 4th 2004, 4:25 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by jeffreyhy
Meegan,

Trying to understand what your husband's possible problem is and learn something from Folinskyinla's response. If you're compfortable sharing the information, could you tell us
- What was the issue date of your husband's K3 visa?
- What was the date of his first entry into the USA using his K3 visa?
- What was the date of his last entry into the USA using his K3 visa?

Thanks.

Regards, JEff

My husband's k-3 was issued on October 7, 2002. His first entry into the US was on October 11, 2002. His last entry into the US was in May, 2004. His I-94 is stamped for May 2006. His K-3 expires on October 7th, 2004.

If we file for extension on his K-3, but it does not come through before it expires, is that a violation?

Megan
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Old Oct 4th 2004, 9:40 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by Megan
My husband's k-3 was issued on October 7, 2002. His first entry into the US was on October 11, 2002. His last entry into the US was in May, 2004. His I-94 is stamped for May 2006. His K-3 expires on October 7th, 2004.

If we file for extension on his K-3, but it does not come through before it expires, is that a violation?

Megan
Megan:

You are conflating the "visa" with the "terms of stay." The admission is governed by the I-94. The term of admission on a K-3 is for two years. When he last entered in May 2004, he was therefore admitted until May 2006.

The K-3 VISA's expiration has no effect on lawful status in the US. However, if he needs to travel in the future, he will need advance parole comcomitant with adjustment of status.
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Old Oct 4th 2004, 9:48 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by Folinskyinla
Megan:

You are conflating the "visa" with the "terms of stay." The admission is governed by the I-94. The term of admission on a K-3 is for two years. When he last entered in May 2004, he was therefore admitted until May 2006.

The K-3 VISA's expiration has no effect on lawful status in the US. However, if he needs to travel in the future, he will need advance parole comcomitant with adjustment of status.
So he is is good to stay but not to leave the country without a travel document correct??
Good Luck to the OP!

I have a question regarding my passport.. maybe someone could help me, My passport expires on March 2005, my I-94 is good until 2006, if I get a new passport and I keep my old one.. can I still use my K3 to travel?
Thanks a lot!!
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Old Oct 4th 2004, 10:24 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by Hypertweeky
So he is is good to stay but not to leave the country without a travel document correct??
Good Luck to the OP!

I have a question regarding my passport.. maybe someone could help me, My passport expires on March 2005, my I-94 is good until 2006, if I get a new passport and I keep my old one.. can I still use my K3 to travel?
Thanks a lot!!
Hi:

It is quite common for people to travel with a new passport and the still valid visa in the old passport. In fact, the entry stamp in the new passport will be endoresed "VIOPP" for "visa in other passport."

No problem.
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Old Oct 4th 2004, 11:15 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by Folinskyinla
Hi:

It is quite common for people to travel with a new passport and the still valid visa in the old passport. In fact, the entry stamp in the new passport will be endoresed "VIOPP" for "visa in other passport."

No problem.
Thank you Mr F!!
I am glad to hear something in this process is actually "easy".
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Old Oct 5th 2004, 4:12 pm
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Default Re: K-3 expires in 12 days!

Originally Posted by Folinskyinla
Megan:

You are conflating the "visa" with the "terms of stay." The admission is governed by the I-94. The term of admission on a K-3 is for two years. When he last entered in May 2004, he was therefore admitted until May 2006.

The K-3 VISA's expiration has no effect on lawful status in the US. However, if he needs to travel in the future, he will need advance parole comcomitant with adjustment of status.

Thanks for the info. We are so close to being finished with the process that I don't want to do anything to jeopardize it (like letting him run out of status).

Megan
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