Do I need AP to travel?

Old Jun 13th 2003, 6:17 pm
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Default Do I need AP to travel?

Hello all,

I'm stateside on a K3 visa. I was wondering since I had my AOS package returned as my I-130 is perpetually stuck in TSC purgatory, do I need AP to travel? I don't think I do, but I just want to make sure.

My USC and I are planning on spending a week in Montreal in August. When we land in Montreal, do I need to hand over my I-94 to someone, and then once I land back in Chattanooga I'll get a new one? I'm a bit confused on this issue.

Hope everyone is faring well, thanks in advance.

Amanda
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Old Jun 13th 2003, 6:34 pm
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Default Re: Do I need AP to travel?

Originally posted by runtbox
Hello all,

I'm stateside on a K3 visa. I was wondering since I had my AOS package returned as my I-130 is perpetually stuck in TSC purgatory, do I need AP to travel? I don't think I do, but I just want to make sure.

My USC and I are planning on spending a week in Montreal in August. When we land in Montreal, do I need to hand over my I-94 to someone, and then once I land back in Chattanooga I'll get a new one? I'm a bit confused on this issue.

Hope everyone is faring well, thanks in advance.

Amanda
I believe that as K-3 is a multiple entry visa that you do not need AP to travel - just a valid K-3.

The fact that your I-485 was returned by the Memphis office is consistent with the information that I have that they require an approved I-130 to file for AOS.

Sorry that you hit one of "those" offices, my local office is the same
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Old Jun 13th 2003, 6:37 pm
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Not sure about the I-94. I think that you can visit Canada for less than 30 days (or up to 30 days, not too sure about this either) without obtaining a new I-94.

Perhaps someone else who is more certain can clarify this for you.
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Old Jun 14th 2003, 12:49 am
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Default Re: Do I need AP to travel?

Originally posted by lairdside
I believe that as K-3 is a multiple entry visa that you do not need AP to travel - just a valid K-3.

The fact that your I-485 was returned by the Memphis office is consistent with the information that I have that they require an approved I-130 to file for AOS.

Sorry that you hit one of "those" offices, my local office is the same
Hi:

IMHO, that "requirement" is illegal. There is nothing preventing you from filing a SECOND I-130 with the I-485.

If they refuse to do that, sue 'em.
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Old Jun 14th 2003, 2:57 am
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I have found a few offices who apparently require the approved I-130 to file the I-485.

Reno
Memphis
Tuscon
Louisville
Cleveland (Possibly, I have conflicting info for this one. One report that they require an approved I-130, another that they will allow filing with the I-797 filing receipt).

This of course does not include filings under 245(i).

Be interesting to sue them, I just wonder of it would be worth it with the advent of the National Benefits Center?

Oh and yes. These offices do refuse to accept a new I-130 with fee without the withdrawal of the existing I-130.

Last edited by lairdside; Jun 14th 2003 at 3:34 am.
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Old Jun 14th 2003, 3:15 am
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I travel myself back and forth between the States and Montreal, and I know for a fact that as a K3 you do not need to have AP. That being said, every time I cross over back to the States I get detained in a stark room while they "check the law" to be sure that they can't deny me entry back in. Sigh.
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Old Jun 14th 2003, 3:16 am
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And no, do not hand over your I-94 under any circumstances. It is valid until the date on the card, after which time you will need to surrender it.
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Old Jun 14th 2003, 3:48 am
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Originally posted by lucymoody
And no, do not hand over your I-94 under any circumstances. It is valid until the date on the card, after which time you will need to surrender it.
Thanks Lucy,
It's good to have it "from the horses mouth" so to speak. Sorry about your stark room ordeal, if it was in most other circumstances surely it would be classed as harassment for them to do this repeatedly *sigh*.

Would it help for you to carry a copy of the regulation with you or do you think this would just serve to irritate them further?
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Old Jun 14th 2003, 3:52 am
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I would also be tempted to classify it as harassment. It just makes you feel anxious and criminal, no matter that you've done nothing wrong. They always seem (to my overactive imagination, anyway), slightly disappointed that I didn't in fact need AP.
Last time this happened, I politely asked the immigration official whether there was anything I could do to make things go more smoothly next time I cross the border. He laughed grimly and said I couldn't do anything because K3 was "so new" and people just had yet to learn about it. Well, it ain't that new anymore, and I find it hard to accept that as an excuse. I'm a doctor, and I'm sure most patients wouldn't appreciate me not offering the latest medications after they've been approved for a year or two because they're "so new" and I couldn't be bothered to learn about them. Grrrr! That's my rant for the day.
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