Hi. My petition for my wife's K-3 visa was approved and it's all been sent to Guangzhou who we're waiting on to contact us for the interview. If things go well we hope to go to the states this summer, however we only plan to go for a short time (month or more) to visit family before returning to China where I currently work.
My question is whether or not there is a minimum length of stay required inside the US once one enters on a K-3 visa, especially regarding the adjustment to permanent resident status (two years?) after entry. Thanks for your help.
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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > K-3 Spouse Visa General Discussion
QUOTE(terrell @ Jan 23 2007, 11:37 PM) 
Hi. My petition for my wife's K-3 visa was approved and it's all been sent to Guangzhou who we're waiting on to contact us for the interview. If things go well we hope to go to the states this summer, however we only plan to go for a short time (month or more) to visit family before returning to China where I currently work.
My question is whether or not there is a minimum length of stay required inside the US once one enters on a K-3 visa, especially regarding the adjustment to permanent resident status (two years?) after entry. Thanks for your help.
My question is whether or not there is a minimum length of stay required inside the US once one enters on a K-3 visa, especially regarding the adjustment to permanent resident status (two years?) after entry. Thanks for your help.
Don't know about China, but my Thai Wife received her K3 Visa in Bangkok yesterday, and is flying to the U.S. on Saturday. Hers is a multiple entry, 2 year visa.
I don't know about the process of the AOS yet, but I would think that if you get one like hers, both of you could go back to china. BTW, Thailand never did contact us, but they have a web site that you can track to find the date of the interview.
can you give us a timeline of your process, eg, noa1-noa2 for i129f specifically?
How long will you be going back to China for? Do you still plan to live there full time? This may jeopardize her K3 status, she will need to try and prove to the USCIS that she intends to take up permenent residence in the US once she gets there with the K3, which will be hard to do if she's in China.
Once she arrives in teh US with the K3, she'll have to send in the stuff for AOS as soon as possible. Yeah, the K3 is valid for 2 years, but it can take almost that long just to complete all the AOS stuff in some areas. You can't really wait til the K3 expires or is ready to expire before you send in the stuff for AOS, it may expire and then, if she is not in the US at the time, she has no status again and won't be allowed back, and you'd have to change the AOS application to an IR1 application in China.
Once she arrives in teh US with the K3, she'll have to send in the stuff for AOS as soon as possible. Yeah, the K3 is valid for 2 years, but it can take almost that long just to complete all the AOS stuff in some areas. You can't really wait til the K3 expires or is ready to expire before you send in the stuff for AOS, it may expire and then, if she is not in the US at the time, she has no status again and won't be allowed back, and you'd have to change the AOS application to an IR1 application in China.
terrell,
You might want to have a consultation with an immigration attorney to discuss your plans for eventually relocating to the USA in more detail. Since you will be going back to China after an initial entry perhaps it would work out better for your wife to pursue an immigrant visa in China rather than adjustment of status in the USA.
Yodrak
You might want to have a consultation with an immigration attorney to discuss your plans for eventually relocating to the USA in more detail. Since you will be going back to China after an initial entry perhaps it would work out better for your wife to pursue an immigrant visa in China rather than adjustment of status in the USA.
Yodrak
QUOTE(terrell @ Jan 23 2007, 11:37 PM)
Hi. My petition for my wife's K-3 visa was approved and it's all been sent to Guangzhou who we're waiting on to contact us for the interview. If things go well we hope to go to the states this summer, however we only plan to go for a short time (month or more) to visit family before returning to China where I currently work.
My question is whether or not there is a minimum length of stay required inside the US once one enters on a K-3 visa, especially regarding the adjustment to permanent resident status (two years?) after entry. Thanks for your help.
My question is whether or not there is a minimum length of stay required inside the US once one enters on a K-3 visa, especially regarding the adjustment to permanent resident status (two years?) after entry. Thanks for your help.
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