K3 Issue regarding traveling...

[Beermann]

I have an interesting situation that I'm hoping others have experienced. My wife's K3 Visa was issued on February 14, 2006 and expires on February 13, 2008. She didn't enter the POA until July 17, 2006, so her I-94 obviously has that day and doesn't expire until July 16, 2008. The part that I'm very worried about here is that we are heading back to China February 1, 2008 - March 2, 2008 to see her family for Chinese New Year and her K3 Visa will expire while we are in China. We are both very scared that when we come back to the States, they won't let her back in because of this. Does this even matter anymore so long as her I-94 is still good? FYI, we are filing her I-485 tomorrow. Please someone tell me I'm worrying about NOTHING. Thanks in advance!

[LeeFisher3]

You will need to file an I-539 to extend her visa, the visa expiration date it the critical date for a K-3. The USCIS recommends filing this 45 days prior to expiration, but the current processing time at CSC is showing 3 months.

 

About the only thing you could do is get it filed and then make an infopass appointment in January to see if they can extend it for your trip. Explain to them you filed more than 45 days before expiration, but it hasn't arrived and you have booked your trip, no guarantees but they might be nice.

[Cerberus]

I have an interesting situation that I'm hoping others have experienced. My wife's K3 Visa was issued on February 14, 2006 and expires on February 13, 2008. She didn't enter the POA until July 17, 2006, so her I-94 obviously has that day and doesn't expire until July 16, 2008. The part that I'm very worried about here is that we are heading back to China February 1, 2008 - March 2, 2008 to see her family for Chinese New Year and her K3 Visa will expire while we are in China. We are both very scared that when we come back to the States, they won't let her back in because of this. Does this even matter anymore so long as her I-94 is still good? FYI, we are filing her I-485 tomorrow. Please someone tell me I'm worrying about NOTHING. Thanks in advance!

Beerman,

 

My wife was planning on using the I-94 as reentry. USCIS office in Oklahoma Ciy stated flat out don't do it, get the traveling papers. The officer when I questioned a bit further stated that if my wife's Yin, visa expired, she would NOT be allowed back in the US I-94 or not, even if she had her AOS into the system.

 

Sorry to be the bearer of bad news you will need to do as Lee suggested. Get her into the system (AOS-wise) for the lack of a better term) and have travel papering allowing her to exit and return to the US.

 

Jim Julian (CFL member) did a thread on this particular issue. I believe it was 6 months past.

 

Dave

[jim_julian]

 

Jim Julian (CFL member) did a thread on this particular issue. I believe it was 6 months past.

 

 

Dave is thinking of some posts on Advance Parole, which is different than visa extension.

[Cerberus]

 

Jim Julian (CFL member) did a thread on this particular issue. I believe it was 6 months past.

 

 

Dave is thinking of some posts on Advance Parole, which is different than visa extension.

Sorry Jim, you're correct.

 

Same answer Beerman. I-94 date didn't mean anything, even with I-485 in the system or not. The official date is the one listed on the Visa stamp, that your better half had received (this info was received from a USCIS officer, not 001 or CFL). Yin's was almost 30 days behind yours. She now has GC so it doesn't matter anymore.

 

However, my cautionary word as does Lee's Information still stands. Extend the visa, my advice get Advanced Parole prior to travel outside of the US if the visa expires in that time and I-485 is submitted.

 

If truly still in doubt, get Info Pass appointment and double-check there.

 

Dave

[Beermann]

Thanks all for your responses. Unfortunately we have to completely forgo our trip to China now because the processing time for both I-131 and I-539 is close to 6 months from what I can see. We were supposed to leave Feb. 1st, which doesn't allow enough time for either. No way would I purchase airline tickets not even knowing when things are getting processed. I was mis-informed and didn't believe my wife when she kept telling me she wouldn't be able to come back to the states. I guess I put WAY too much stock in the I-94. I feel horrible now, as we will now just have to wait until her AOS is complete before setting sail. Live and learn as they say.

[LeeFisher3]

 

Jim Julian (CFL member) did a thread on this particular issue. I believe it was 6 months past.

 

 

Dave is thinking of some posts on Advance Parole, which is different than visa extension.

Sorry Jim, you're correct.

 

Same answer Beerman. I-94 date didn't mean anything, even with I-485 in the system or not. The official date is the one listed on the Visa stamp, that your better half had received (this info was received from a USCIS officer, not 001 or CFL). Yin's was almost 30 days behind yours. She now has GC so it doesn't matter anymore.

 

However, my cautionary word as does Lee's Information still stands. Extend the visa, my advice get Advanced Parole prior to travel outside of the US if the visa expires in that time and I-485 is submitted.

 

If truly still in doubt, get Info Pass appointment and double-check there.

 

Dave

Advanced parole doesn't apply to the K-3 & K-4 visas, which are 2 years in duration and multi-entry visas, the only option is extending the visa.

 

Advanced Parole for family based visas is used to prevent being considered to have abandoned your status of LPR or awaiting AOS, it does not allow re-entry to the US if the K-3 visa is expired.