ustraveler

Hi everyone,

I will be travelling to the US in October to see my wife. In that time I will start my AOS process, including my work permit and so on.

I want to find out if it's possible for me to go back to the UK while the application is in process? If so, is there a time limit being away? Do I need to fill in any forms or do anything different? Will it cause any problems in the future???

Thank you in advance.

Noorah101

The K-3 is a 2-year, multiple-entry visa. So you should be able to use your K-3 to enter the USA in October, start the AOS process, and then continue to travel on your valid K-3 visa.

Since the K-3 is valid for 2 years, you can be outside the USA for 2 years, as long as the K-3 is valid.

It shouldn't cause any problems that I'm aware of. Of course make sure you can come back to the USA for your AOS interview, do not reschedule that one.

Also, when you enter the USA, double check the "valid through" date on your I-94, just in case they don't give you the full 2 years for some reason.

Rene

Noorah101

Also, be absolutely sure you have a K-3 visa, and not the Immigrant Visa. Many times people confuse these two.

Rene

TracyTN

Never mind

ustraveler

Thanks Rene, but what is the difference? I have just checked my passport - Visa Type/Class = K3

TracyTN

There's a huge difference between those visa types! Mainly that K visa holders must adjust status after US entry.

jeffreyhy

ust,

The K3 is a multi-entry non-immigrant visa. The immigrant visa is a one-entry [to be redundant] immigrant visa.

Regards, JEff

Noorah101

The K-3 is a non-immigrant visa, which means you have to adjust status to permanent resident once inside the USA (you already knew this, according to your first post in this thread).

The Immigrant Visa (CR-1 or IR-1) allows the immigrant to become a US Permanent Resident upon entry to the USA, with no adjustment of status necessary.

If you had followed only the I-130 process to the end, you'd have ended up with an Immigrant Visa. Since an I-129F was filed after the I-130, it led to your K-3 visa.

Just wanted you to double check, as we've seen some folks who think they are getting in Immigrant Visa when actually they got a K-3, and vice versa.

Rene

jeffreyhy

ust,

But please don't confuse the 2-year validity of the visa with the 2-year stay in the USA marked on your I-94! They are not the same thing and the two periods will not be the same (will not have the same start and end dates).

Regards, JEff

ustraveler

Thank you for all your answers guys.

I'm sure I'll be back with more questions regarding the AOS application

meauxna

Be more concerned about confirming those dates so that you don't get stuck outside the US with no visa to return on.