K3 Visa is valid until?

[JonathanM]

How long is the K3 Visa valid for after entry to the USA? How long do you have until you have to file for AOS?

[Randy W]

How long is the K3 Visa valid for after entry to the USA? How long do you have until you have to file for AOS?

 

The K3 visa is valid for entry into the United States until the expiration date of the visa (usually six months after the vise was awarded).

 

It is good for a TWO YEAR STAY after processing at the POE. You have until the date written on the I-94 to file for Adjustment of Status. Some people WAIT until AFTER their second wedding anniversary so that they will get a 10 year green card, instead of a two year green card, thereby saving the expense of applying for the two year card.

 

She may apply for Employment Authorization (albeit for a fee) while waiting for the second anniversary. Advanced Parole is not necessary, since the K-3 is a multiple-entry visa, which may be used at any time during the two year stay.

Edited September 24, 2010 by Randy W (see edit history)

[dnoblett]

K-3 is valid for up to two years or until the date that the consulate sets on it which can be 6 months. The K-3 is set this way because it is for entry to the USA and waiting for I-130 to be approved, knowing that I-130 is no longer taking years to approve for a spousal visa the consulate started setting validity to 6 months.

 

K-3 allows for a stay of 2 years, check your I-94 card, it should show an expiration date TWO years after entry.

 

You should file AOS within the 2 years of the I-94 or risk out of status time.

 

If you wish to extend the K-3's validity for travel beyond it's expiration you would file an I-539 and pay a $300 fee. Acording to the directions included with form I-131 K-3 you do not file an I-131 for AP doc.

 

http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-131K-3.jpg

 

http://www.uscis.gov/files/form/i-131instr.pdf

 

Some delay processing AOS until they are close or past 2 years of marriage to avoid a 2 year conditional green-card and having to later file to remove those conditions. HOWEVER keep in mind, if you delay longer than one year after the medical for the visa, you WILL have to do a FULL medical in-order to adjust status. Also the interviewing officer for AOS may have additional questions about why you delayed applying to adjust status.

[JonathanM]

How can I find out more about the Employment Authorization? Will this give her rights like to get a driver's license, go to school and SS#? Our second anniversary is April 8th 2011. When the 2 year green card is up does she have to apply for another 2 year card or can she do the 10? I did find her I-94 and it is good for two years from the date of entry.

 

 

How long is the K3 Visa valid for after entry to the USA? How long do you have until you have to file for AOS?

 

The K3 visa is valid for entry into the United States until the expiration date of the visa (usually six months after the vise was awarded).

 

It is good for a TWO YEAR STAY after processing at the POE. You have until the date written on the I-94 to file for Adjustment of Status. Some people WAIT until AFTER their second wedding anniversary so that they will get a 10 year green card, instead of a two year green card, thereby saving the expense of applying for the two year card.

 

She may apply for Employment Authorization (albeit for a fee) while waiting for the second anniversary. Advanced Parole is not necessary, since the K-3 is a multiple-entry visa, which may be used at any time during the two year stay.

[Randy W]

How can I find out more about the Employment Authorization? Will this give her rights like to get a driver's license, go to school and SS#? Our second anniversary is April 8th 2011. When the 2 year green card is up does she have to apply for another 2 year card or can she do the 10? I did find her I-94 and it is good for two years from the date of entry.

 

 

Yes - in most states, the EAD will give her most of the same rights as a green card, including the SS. Check your own state's regulations about what ID is necessary for a driver's license, but most accept the EAD.

 

90 days before her two year card expires, you may apply for a 10 year card (removal of conditions). Or, yes, if you wait until after April 8, 2011, you would get the 10 year card, without having to first get a 2 year card. If the card is awarded AFTER her 2 year anniversary, she will get the 10 year card (so you could actually apply early next year, as long as the TIMING of the card is such that it is awarded after April 11.

 

You don't actually apply for a 10 yr. card (unless she already has a two year card) - you will get it automatically as long her Adjustment of Status is APPROVED after the second wedding anniversary. If she already has a two year card, though, you would apply for Removal of Conditions.

Edited September 27, 2010 by Randy W (see edit history)