Observer1974

My wife has been in the USA on a K3 for 6 months now. She got her I-130
from BCIS a couple of months ago and she also has an EAD. Now the question
is: Can she travel to her home country over the Christmas and come back w/o
problems? I know the K3 is a multiple-entry visa but I'm worried because we
haven't filed the AOS yet and don't know if that will hurt her case.

Thanks in advance for any informative answer,
Observer1974

Susanna

Well I maybe incorrect? but To leave and return with no problems you need to apply for for Advance Parole if you go to the BCIS site it tells you exactly how and which form to get it does say you get a responce backin 30days welthats another story but if she wants to get home for Xmas then you need to get the ball rolling.
Good Luck

Caro

Is that true for a K3???? I thought you could travel without AP when you were a K3 holder.

Caroline

Maggs

Hello

I haven't applied for AOS yet either and I've travelled to UK and back on a K3 with no problems and no advanced parole. The only difference I see with your wife is that her I-130 is approved and mine is not so I can't apply for AOS but your wife can. When my 1-130 is approved I'm hoping to finish the process by consular filing in the UK and not do AOS anyway. Would this be an option for your wife?

Maggie

jeffreyhy

Observer,

Whether AP is desireable for a K3 after an I-485 has been filed has been debated at length in the past month or two.

In your wife's case, if she hasn't applied for adjustment of status before the travel then there's nothing to debate - the K3 is a multi-entry visa.

Whether or not traveling out of the country will impact her AOS evaluation may depend on where she goes and what she does there. I recommend that she avoid travel to Cuba or to any alQuida training camps.

Regards, Jeff

Hypertweeky

Hey there!!

So she can travel back and forth without no problem because she hasn't done AOS right Jeff?, Hey that was a very good call, Thanks for explaining that, I know one more thing about immigration yey yey!!

Andy Platt

"Caro" <member@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Susanna
    > > Well I maybe incorrect? but To leave and return with no problems you
    > > need to apply for for Advance Parole if you go to the BCIS site it
    > > tells you exactly how and which form to get it does say you get a
    > > responce backin 30days welthats another story but if she wants to get
    > > home for Xmas then you need to get the ball rolling.
    > > Good Luck
    > Is that true for a K3???? I thought you could travel without AP when you
    > were a K3 holder.

This is true. There was a debate about this a while ago at which this was
disputed but the reference to the law showing that K-3/K-4 visas can be used
in lieu of AP was given. However, there was also annecdotal evidence that
some BCIS offices have misunderstood this and denied adjustment of status
applications because of this. So, some lawyers recommend it even though it
is not required.

Andy.

--
I'm not really here - it's just your warped imagination.

    > Caroline
    > --
    > Posted via http://britishexpats.com

Susanna

without AP when you[/q1]
    > were a K3 holder.

This is true. There was a debate about this a while ago at which this was
disputed but the reference to the law showing that K-3/K-4 visas can be used
in lieu of AP was given. However, there was also annecdotal evidence that
some BCIS offices have misunderstood this and denied adjustment of status
applications because of this. So, some lawyers recommend it even though it
is not required.

Andy.

--
I'm not really here - it's just your warped imagination.

    > Caroline
    > --
    > Posted via http://britishexpats.com [/QUOTE]

Ok totally confused now?
Are you saying that you can live and work,fly in and out on a K3 VISA without applying for AOS?
If so what happens if you marry an American? do you apply for a K3 or AOS sorry to be so thick here.
I am sure I have a Brain somewhere but its not registering today.

jeffreyhy

tweeky,

Please don't start repeating this to others because you read my post. Problems can always develop. The AOS issue that the OP asked about is only 1 consideration.

Regards, JEff

Andy Platt

"Susanna" <member@british_expats.com> wrote:

    > Ok totally confused now?
    > Are you saying that you can live and work,fly in and out on a K3 VISA
    > without applying for AOS?

I wasn't saying anything like that but, to a limited extent, that's true.
You are expected to file for AOS and eventually not doing so will catch up
with you when you try to renew the K-3.

    > If so what happens if you marry an American? do you apply for a K3 or
    > AOS sorry to be so thick here.

You are being a bit thick with this one! You have to be married to a US
citizen to be able to get the K-3 in the first place!

Andy.

--
I'm not really here - it's just your warped imagination.

Observer1974

Thanks everyone. That was very informative.
- O74.

"Observer1974" <[email protected]> wrote in message
news:CVZpb.81435$ao4.241671@attbi_s51...
    > My wife has been in the USA on a K3 for 6 months now. She got her I-130
    > from BCIS a couple of months ago and she also has an EAD. Now the question
    > is: Can she travel to her home country over the Christmas and come back
w/o
    > problems? I know the K3 is a multiple-entry visa but I'm worried because
we
    > haven't filed the AOS yet and don't know if that will hurt her case.
    > Thanks in advance for any informative answer,
    > Observer1974

Lucas03

-------

Here's what USCIS regulations say:

[[Page 42587]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 212, 214, 245, 248, and 274a
[INS No. 2127-01] RIN 1115-AG12
``K'' Nonimmigrant Classification for Spouses of U.S. Citizens and Their Children Under the Legal Immigration Family Equity Act of 2000

.......B. Travel Outside of the U.S. While in K-3/K-4 Status

Aliens present in the United States in a K-3/K-4 nonimmigrant classification may travel outside of the United States and return using their nonimmigrant K-3/K-4 visa, even if they have filed for adjustment of status in the United States prior to departure. The Service recognizes that although the K-3/K-4 status is a nonimmigrant classification, aliens entering with this status have an intent to stay in the United States permanently. The definition of a K-3/K-4 nonimmigrant alien does not require that such an alien have a foreign residence that he or she has no intent of abandoning. Such aliens are married to a U.S. citizen and are coming to the U.S. to live with their spouse. Accordingly, the Service will not presume that departure constitutes abandonment of an adjustment application that has been filed.

Observer1974

Thanks Lucas03. I'll make a print-out and take it with us on our trip- just
in case. Incidentally, I had also called an immigration officer earlier
this week and was told basically the same thing.
- O74

"Lucas03" <member@british_expats.com> wrote in message
news:[email protected]...
    > Originally posted by Observer1974
    > > My wife has been in the USA on a K3 for 6 months now. She got
    > > her I-130
    > > from BCIS a couple of months ago and she also has an EAD. Now the
    > > question
    > > is: Can she travel to her home country over the Christmas and come
    > > back w/o
    > > problems? I know the K3 is a multiple-entry visa but I'm worried
    > > because we
    > > haven't filed the AOS yet and don't know if that will hurt her case.
    > >
    > > Thanks in advance for any informative answer,
    > > Observer1974
    > -------
    > Here's what USCIS regulations say:
    > [[Page 42587]]
    > DEPARTMENT OF JUSTICE
    > Immigration and Naturalization Service
    > 8 CFR Parts 212, 214, 245, 248, and 274a
    > [INS No. 2127-01] RIN 1115-AG12
    > ``K'' Nonimmigrant Classification for Spouses of U.S. Citizens and Their
    > Children Under the Legal Immigration Family Equity Act of 2000
    > ......B. Travel Outside of the U.S. While in K-3/K-4 Status
    > Aliens present in the United States in a K-3/K-4 nonimmigrant
    > classification may travel outside of the United States and return
    > using their nonimmigrant K-3/K-4 visa, even if they have filed for
    > adjustment of status in the United States prior to departure. The
    > Service recognizes that although the K-3/K-4 status is a nonimmigrant
    > classification, aliens entering with this status have an intent to
    > stay in the United States permanently. The definition of a K-3/K-4
    > nonimmigrant alien does not require that such an alien have a foreign
    > residence that he or she has no intent of abandoning. Such aliens are
    > married to a U.S. citizen and are coming to the U.S. to live with
    > their spouse. Accordingly, the Service will not presume that
    > departure constitutes abandonment of an adjustment application that
    > has been filed.
    > --
    > Posted via http://britishexpats.com