bromleybill

:scared: I am entering the US at the end of November. My UK passport has the 130 visa for permanent residency..and, I have the brown envelope for those nice people at LAX immigration

HOWEVER, I have to return to the UK at the end of January to finalise my house sale.

Can anyone confirm whether I need permision to pop back, and, if so, how do I go about it. My USC wife is returning with me.

sibsie

The K3 is a multi entry visa.

bromleybill

Thank you for this advice.

Would I need to tell US immigration that I have to return to England on a pre-booked flight??

Will my residency status be affected if I do not return for a month or so??

AND FINALLY, I hear horror stories of people trying to get back to the US and have difficulty explaing to the everso nice immigration officers that they simply popped out for a cup of tea

Its a belt & braces thing. My marriage based visa is new and untested

Manc

do you really talk like that?

long way to go for a brew.

CalgaryAMC

I'm assuming you have a K3 visa. As a K3 visa holder you can come and go as you please. You don't have to tell anyone your travel intentions. In fact, you shouldn't tell anyone your travel intentions, because they won't give a shit.

There is no 130 visa. You have an I-130 petition pending. You need to get down with the immigration lingo. Bo.

bromleybill

Yes, I do talk like that and look forward to our chats in future.

Sorry about the non-speak of Immigration-ese

By the way, I hear you can obtain good tea in LA

CaliforniaBride

That would be SPEAK not TALK.

Anyway, this might help in translating common sense language into immigrationese...

Briefly, the K3/K4 process is as follows:

A. The US Citizen files an I-130 petition for the foreign spouse.
B. INS issues a receipt (I-797) acknowleging filing of the I-130 petition.
C. The US Citizen files an I-129F petition, using the I-797 receipt as "proof of
filing an immigrant petition". All children of the foreign spouse will be listed
on this petition. The I-129F is sent to a special Service Center in Chicago. At
this point, the "track" of the K3/K4 process becomes similar to the current
processing for K1/K2 fiance(e) visa.
D. When the petition is approved, the appropriate Consulate is notified and
processing for the K3/K4 non-immigrant visa is begun, including medical, police
check, I-134 affidavit of support, and Consular interview. The fee will be the
same as the current K1 fiance(e) visa.
E. The K3 visa is issued to the spouse, the K4 to the minor children, they go to
the United States.
F. The K3 spouse and K4 children file the I-485 for Adjustment of Status, either immediately or when the I-130 petition is approved. The new K visa will be issued for an effective period of 2 years, with multiple entries permitted, and
provision to extend the visa beyond 2 years. The State Department has indicated
that in K3/K4 cases, that the INS will retain the approved I-130 petition. This
means if he K3/K4 visa holder wishes to obtain an immigrant visa at a Consulate,
they need to notify that Consulate to begin the process, after which the
Consulate will request the approved I-130 petition from the INS. The INS seems
to expect that most K3/K4 folks will apply for AOS from inside the United
States, but due to long processing times at some local offices, it is very
possible some folks will wish to opt for Consular processing after they arrive
in the United States.
Note about the I-130 approval - In October 2002, the following post was made, "i
just received an email this morning from the US embassy in London which states
that because i have an approved I-130, this has cancelled my K-3 visa, and as
long as i send my original approval i can open a provisional file".
This is not in accordance with the original methods outlined for the K3/K4.


Oh, and welcome to LA, whereabouts?

bromleybill

FIRST<
Thank you for your comprehensive response

I think I have the gist of it but because it was very detailed, I need to clarify the point of the I-485 "adjustment of status".

My spouse visa entry in the UK passport will be inspected at LAX immigration and I will hand over my documents from the Embassy in London. After processing, I will hopefully leave the airport and remain until my return flight to the UK at the end of January and hopefully, after my house has sold, I can return on a more permanent basis with Mrs me

Is this my multiple entry permission? or do I have to do something about the I-485 before my first return flight.

Sorry for what seems simplicity to those in the know, but, I am nervous about the process as this is my first time to enter the US under this arrangement.

I am initially locating in Hancock Park which is off Wilshire Boulevard.....do you know of a good cup of tea once my "Waitrose Gold Blend" runs out????

CaliforniaBride

Firstly, you're welcome glad to help.

The first part of your question I can't answer from memory. But someone else may be able to help. Reason being I believe you can file something in the UK, something to do with consular processing if you intend to return for a while. Don't quote me on it though.

Once you have entered the US with your brown envelope and had your K3 visa put into your passport you can leave and reenter the Us freely. K3 visa holders have automatic permission. It's k1 visa holders (finace visas) who have to get advanced parole (permission to leave the US).

You don't have to do anything about the I-485 before you return to the UK.

But, as I mentioned you may be able to complete the process in the UK if you are there for a while. Hopefully someone else will clarify this.

I am also unsure as to how long you can be out of the US on a K3 visa or even if there is any rule on this. Again someone else may clarify.

A good source for general 'stuff' is the FAQ section on the Visa Journey website. http://www.visajourney.com/faq/k1faq.htm

candy wy.

i believe you have done dcf so you don't need to do anything regards aos.
you can travel also with no problem, for short periods.

meauxna

Bonus points for candywy for figuring it out. Bill, you do not have a K3 visa, you have (as you pointed out), an Immigrant Visa (you said for permanent residence). You do not need to show a round trip ticket: the visa you have is your permission to live here. There will be no horror stories for you: you have permission to live here.

You will NOT be filing for AOS. You will not be filing anything (unless address change) for the next 2 years.

You do not need permission to leave in January. In fact, if you're good, Santa may bring the Green Card to your house before you want to leave. That + passport is all the ID you will need for entering the US for the next couple of years.

Don't go making more work than you need to. Once you come over, if it has been 3 weeks and no sign of a Social Security Card, go to your local office and follow up (you likely automagically applied for one with your visa).

CaliforniaBride

And well done you for spotting it!

Duncan Roberts

A citizen or lawful permanent resident of the United States may file the I-130 form to establish the relationship to certain alien relatives who wish to immigrate to the United States. A separate form must be filed for each eligible relative.

Please note: USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.

stress-magnet

Santa Monica, darling!!! Excellent British food shop there, and Albertson's (grocery chain) has a good tea section too.

Lesley1020

Forgive me if I am being stupid - but just a suggestion. If you are only going home to complete the legal sale of your home in the UK - couldn't you just give someone in your family or that you trust Power of Attorney to sign the papers for you?