latest date to file for AOS as K-3 holder

[workin4somethin 0]

We have been married over 2 years. My wife's K-3 visa expires Nov. 8, 2008. My wife needs to leave the country in May '08 for personal reasons. Although we would like to file for AOS within 30 days from now, we would rather be certain that my wife can travel out of the country in May, as she does not need AP to travel until her AOS is filed.

I sort of recall reading somewhere that a K-3 visa holder needs to file for AOS no later than 90 days before their K-3 visa expires; however, I cannot seem to find this information now.

What is the latest date that we must/should file for AOS?

Thanks!

[Marilyn. 340]

I was under the impression that you could still use the K3 visa even after filing for AOS.. or am I wrong??

[workin4somethin 0]

I was under the impression that you could still use the K3 visa even after filing for AOS.. or am I wrong??

It has been several months since I researched it, but I understand it as this: Once you file for AOS, you must receive advance parole ("AP") to leave the country, even as a K-3 visa holder.

[Marilyn. 340]

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

Aliens present in the United States in a K-3 or K-4 non-immigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S. , USCIS will not presume that the departure constitutes abandonment of an adjustment application.

http://travel.state.gov/visa/immigrants/ty...993.html#travel

Edited January 19, 2008 by MarilynP

[workin4somethin 0]

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

Aliens present in the United States in a K-3 or K-4 non-immigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S. , USCIS will not presume that the departure constitutes abandonment of an adjustment application.

http://travel.state.gov/visa/immigrants/ty...993.html#travel

There you go! -- Further proof that I know nothing about all this and have forgotten all previous.

And thanks to you, MarilynP!

Now, for planning purposes, if one waited to file for AOS; what would be the latest date one could safely/timely file?

[scy 0]

We have been married over 2 years. My wife's K-3 visa expires Nov. 8, 2008. My wife needs to leave the country in May '08 for personal reasons. Although we would like to file for AOS within 30 days from now, we would rather be certain that my wife can travel out of the country in May, as she does not need AP to travel until her AOS is filed.

I sort of recall reading somewhere that a K-3 visa holder needs to file for AOS no later than 90 days before their K-3 visa expires; however, I cannot seem to find this information now.

What is the latest date that we must/should file for AOS?

Thanks!

You really do not have to file for AOS as a K3 beneficiary until you are very close to the 2 year anniversary of your K3 visa status. That is 2 years from the date you entered the US on the K3.

If you wait after the 2 years status, then you might accrue overstay.

If I was in your situation, I would file AOS as soon as possible after arrival. You never know what might happen in two years, should the petitioner die, you might never obtain AOS based on the K3.