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We would like to go back to Peru in Sept for the birth of my wifes grandchild. She is here on a K-3 visa, and has just applied for her AOS. I was thinking that with the K-3 she could come back and forth as much as she wanted for the 2 year period of the K-3. She thinks that after she applied for the AOS, she can not leave the country until she has her green card, or fills out an I-131, which I see takes 90 days. Can anyone help??
K-3 is a 2 year MULTI entry visa, which allows for travel even while AOS is pending.
K-1 is the visa that requires AP to travel while AOS is pending.
K-1 is the visa that requires AP to travel while AOS is pending.
YuAndDan is correct that the K3 is a multi-entry visa.
I found the following information on a USCIS website, regarding the language of a Federal Register Telegram:
Here is the link: K3 Visa Implementation
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Use of the K3/K4 NIV to Travel Outside the United States
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38. According to the USCIS rule, "aliens present in the United States in a K3/K4 nonimmigrant classification may travel outside of the United States and return using their nonimmigrant K3/K4 visa, even if they have filed for adjustment of status in the U.S. prior to departure "The Service will not presume that departure constitutes abandonment of an adjustment application that has been filed."
39. Note that this is quite different from those holding K1/K2 status who are required to obtain advance parole from USCIS to avoid abandonment of their adjustment application with USCIS, if they leave the United States.
Also, I telephoned the USCIS Visa Service and asked an agent whether anything other than a K3 Visa (and/or K4) and a valid passport was needed for re-entry into the U.S. The guy said that nothing else is required.
Best of luck to you.
I found the following information on a USCIS website, regarding the language of a Federal Register Telegram:
Here is the link: K3 Visa Implementation
--------------------------------------------------------
Use of the K3/K4 NIV to Travel Outside the United States
--------------------------------------------------------
38. According to the USCIS rule, "aliens present in the United States in a K3/K4 nonimmigrant classification may travel outside of the United States and return using their nonimmigrant K3/K4 visa, even if they have filed for adjustment of status in the U.S. prior to departure "The Service will not presume that departure constitutes abandonment of an adjustment application that has been filed."
39. Note that this is quite different from those holding K1/K2 status who are required to obtain advance parole from USCIS to avoid abandonment of their adjustment application with USCIS, if they leave the United States.
Also, I telephoned the USCIS Visa Service and asked an agent whether anything other than a K3 Visa (and/or K4) and a valid passport was needed for re-entry into the U.S. The guy said that nothing else is required.
Best of luck to you.
QUOTE(James Wells @ Jul 24 2007, 07:54 AM) 
We would like to go back to Peru in Sept for the birth of my wifes grandchild. She is here on a K-3 visa, and has just applied for her AOS. I was thinking that with the K-3 she could come back and forth as much as she wanted for the 2 year period of the K-3. She thinks that after she applied for the AOS, she can not leave the country until she has her green card, or fills out an I-131, which I see takes 90 days. Can anyone help??
Depends on if you have an interview or not and what they do at the interview.
They took my wifes [K3] I-94 at the AOS interview and told us she'd have to get AP if she wanted to be able return to the US before she got the GC.
SNAFU by USCIS as they normally don't with the most K3s.
Happened tho.
K3 visas SUCK!
QUOTE(beckypua @ Jul 25 2007, 12:47 AM)
They took my wifes [K3] I-94 at the AOS interview and told us she'd have to get AP if she wanted to be able return to the US before she got the GC.
WTF? Idiots!
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