Traveling during the AOS process

[JonathanM]

Would it be possible for my wife to travel to china and visit me during the green card process without being penalized? My work will take me to china very soon and I will be starting the green card for her right now. She still has the K3 visa and our 2 year wedding anniversary is in April.

Edited February 17, 2011 by JonathanM (see edit history)

[warpedbored]

Unlike a K-1 a K-3 is a multiple entry visa. She shouldn't have any problem. It would be a good idea though to check with the airline she will be coming back on. They don't always understand visas and may keep her from boarding. This is particularly an issue with expired green cards while waiting for removal of conditions.

 

From the USCIS website

 

Advance Parole for K-3 or K-4 Family Members

Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant visa has expired and the applicant has an adjustment of status application that remains pending.

 

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

[dnoblett]

Unlike a K-1 a K-3 is a multiple entry visa. She shouldn't have any problem. It would be a good idea though to check with the airline she will be coming back on. They don't always understand visas and may keep her from boarding. This is particularly an issue with expired green cards while waiting for removal of conditions.

 

From the USCIS website

 

Advance Parole for K-3 or K-4 Family Members

Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant visa has expired and the applicant has an adjustment of status application that remains pending.

 

 

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=254a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=254a3e4d77d73210VgnVCM100000082ca60aRCRD

 

Correct, However the few remaining K-3 issued before NVC started closeing them seemed to be issued with less than two years validity. Take a look at the visa and check it's expiration date. If you intend to travel after it expires, you should get AP, or get the Visa extended.

 

I believe consulate was setting short validity periods because of the approved I-130 waiting back in the states. K-3's purpose is entry to USA and WAITING for I-130 approval, since the I-130 was approved by time K-3 was issued there was no reason for a two year K-3.

[Randy W]

Unlike a K-1 a K-3 is a multiple entry visa. She shouldn't have any problem. It would be a good idea though to check with the airline she will be coming back on. They don't always understand visas and may keep her from boarding. This is particularly an issue with expired green cards while waiting for removal of conditions.

 

From the USCIS website

 

Advance Parole for K-3 or K-4 Family Members

Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant visa has expired and the applicant has an adjustment of status application that remains pending.

 

 

http://www.uscis.gov...000082ca60aRCRD

 

Correct, However the few remaining K-3 issued before NVC started closeing them seemed to be issued with less than two years validity. Take a look at the visa and check it's expiration date. If you intend to travel after it expires, you should get AP, or get the Visa extended.

 

I believe consulate was setting short validity periods because of the approved I-130 waiting back in the states. K-3's purpose is entry to USA and WAITING for I-130 approval, since the I-130 was approved by time K-3 was issued there was no reason for a two year K-3.

 

 

 

The date to check here is the I-94 date, not the visa expiration. The visa expiration date is for the first time use of the visa. It is "good until" the date stamped on the I-94.

[dnoblett]

Correct, However the few remaining K-3 issued before NVC started closeing them seemed to be issued with less than two years validity. Take a look at the visa and check it's expiration date. If you intend to travel after it expires, you should get AP, or get the Visa extended.

 

I believe consulate was setting short validity periods because of the approved I-130 waiting back in the states. K-3's purpose is entry to USA and WAITING for I-130 approval, since the I-130 was approved by time K-3 was issued there was no reason for a two year K-3.

 

 

 

The date to check here is the I-94 date, not the visa expiration. The visa expiration date is for the first time use of the visa. It is "good until" the date stamped on the I-94.

 

Unless there is something stamped in the passport I would not risk travel with a visa that has expired, the I-94 needs to be turned in upon departure, and a new one gets issued upon return. So will have nothing to show that can re-enter the USA at the point of exit in China will be a big problem, the Chinese exit control officer will see an expired K-3 visa and refuse the traveler permission to board the international flight.

 

What Carl posted is right on, USCIS says expired visa, not expired arrival/departure card (I-94)