Nrcanam

My wife has had her 10-year green card for over a year. The kids
haven't been called for AOS yet. K4s expire August 21, 2005. Upon
re-entry in Feb, 2005 the agent wrote in "Feb 24, 2007" on their I94s.
Is this new date a valid extension or must I go to local office and get
a formal document of some kind? Thanks. NR

scrubbedexpat099

The I94 is evidence of their status, they are techncially adjusting status, K1's for example get 90 days and then have nothing unless they use AP until they get their GC.

CaliforniaBride

Re the re-entry date, that has happened to me twice now. Once earlier this year and again just yesterday. Each time the immigration officer has added two years to the date of re-entry and stamped my passort as admitted until then. As far as I am aware this is an error on their part. But I would be interested to hear if anyone else has had this happen.

scrubbedexpat099

It should I think be up to the expiry of your AP.

I have had it that way plus I have been given a year, pot luck and the way I saw it, not that important.

cindyabs

I think that was an error, they didn't do that to my husband when he came over right after the K3 granted for a week, left and then came back almost 3 months later to stay.

Maggs

Hi

Not sure if it's an error or not. The same thing happened to me (K3) and my son (K4) on entry to the US several times with different POE officers. Our K3/4 visa's expired just before we went back to the UK for our immigration interview. We were going to extend it but decided not to as it was so close to the Embassy interview and everything was fine. If we had to wait any longer for our interview, we were going to consult with an immigration attorney to see what our status would have been - the date on the visa or the date on the I-94 as we weren't sure either.

Maggie

scrubbedexpat099

I think I would have applied for AP, just in case.

K1 and K3 are similar as far as I am aware, the main difference being that you get a 90 day I94 on a K1 and a 2 year stamp on a K3. And likewise for the derivitives.

CaliforniaBride

I'm unsure about what you mean. AP? Advanced Parole? I don't have AP as I'm K3. Also, how would advance parole affect my status?

My question is really whether the new date stamp in my passport is correct or the original expiry date of my K3 visa. I'm inclined to go with the date on my K3. Anyone have the definitive answer?

scrubbedexpat099

Once your K3 status expires, then to be able to re enter US you need Advance Parole. Not usually an issue for K3 as unlikle K1 your K3 is valid for 2 years and is multi entry, the majority will have their GC by then.

There does not seem to be a correct answer to the I94 date, your legal presence in the US beyond the expiry of your K is due to you adjusting status.

CaliforniaBride

Agreed. Just talking about it with hubby and realised that it probably doesn't matter which date they use. I'm still in status anyway as we have applied for AOS and will do AP as necessary.