K-3 residency requirement

[jxty]

Does anyone know there is residency requirement for K-3 such as stay in US for more than 6 months in a year? Thanks.

[warpedbored]

Does anyone know there is residency requirement for K-3 such as stay in US for more than 6 months in a year? Thanks.

224318[/snapback]

I'm not sure what you mean by residency requirement. If you mean how long you can leave the US for I believe you can't leave for more than 6 months wiithout the petition being considered abandoned. Others will correct me if I'm wrong. A K-3 is a multiple entry visa unlike the K-1

[jxty]

Does anyone know there is residency requirement for K-3 such as stay in US for more than 6 months in a year? Thanks.

224318[/snapback]

I'm not sure what you mean by residency requirement. If you mean how long you can leave the US for I believe you can't leave for more than 6 months wiithout the petition being considered abandoned. Others will correct me if I'm wrong. A K-3 is a multiple entry visa unlike the K-1

224322[/snapback]

Yes, I mean how long can K-3 visa holder can leave US without the petition still being considered valid.

[warpedbored]

Does anyone know there is residency requirement for K-3 such as stay in US for more than 6 months in a year? Thanks.

224318[/snapback]

I'm not sure what you mean by residency requirement. If you mean how long you can leave the US for I believe you can't leave for more than 6 months wiithout the petition being considered abandoned. Others will correct me if I'm wrong. A K-3 is a multiple entry visa unlike the K-1

224322[/snapback]

Yes, I mean how long can K-3 visa holder can leave US without the petition still being considered valid.

224323[/snapback]

this is from the USCIS website.

Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

[jxty]

Does anyone know there is residency requirement for K-3 such as stay in US for more than 6 months in a year? Thanks.

224318[/snapback]

I'm not sure what you mean by residency requirement. If you mean how long you can leave the US for I believe you can't leave for more than 6 months wiithout the petition being considered abandoned. Others will correct me if I'm wrong. A K-3 is a multiple entry visa unlike the K-1

224322[/snapback]

Yes, I mean how long can K-3 visa holder can leave US without the petition still being considered valid.

224323[/snapback]

this is from the USCIS website.

Can I Travel Outside the United States?

If you are in K-3 or K-4 status, you may travel using your unexpired K-3/K-4 nonimmigrant visa to travel outside of the United States and return, even if you are applying for adjustment of status simultaneously.

224324[/snapback]

Thanks for the info. but it didn't say how long you can travel outside US.

[frank1538]

I just want to throw in a cautionary note. A K-3 visa is often referred to an a "dual intent" visa, meaning the holder has both nonimmigrant intent (temporary) and immigrant intent (permanent). Clearly, a K-3 visa holder can leave and return to the US as often as he/she wants while in valid status. I'd be a little concerned if a K-3 visa holder entered the US and then left for a year or longer. I have no real basis for this, but my thinking is that since one year is the period that USCIS uses (for re-entry permit purposes) to determine with an LPR has abandoned his/her immigrant intent, I'd probably want to make sure a K-3 visa holder returned to the US within a year so as to avoid any issue about whether his/her immigrant intent.

[Lowen/Zhang]

Isn't there some kind of form you can file for this issue of leaving the USA for extended period? I don't remember what it was called but like parole or something.

[frank1538]

Isn't there some kind of form you can file for this issue of leaving the USA for extended period? I don't remember what it was called but like parole or something.

224362[/snapback]

You're right. Advance parole is used after the I-485 is filed but is not needed for a K-3. After LPR status is achieved, a re-entry permit is used if the travel outside the US is for a year or more.