K-3 and K-4 requesting AOS

[frank_cuenca 0]

Hello you all,

I have a quick question, my wife and her child are currently on a K-3 and K-4 visas, we filed for AOS last month and already did the bimetrics 2 weeks ago, just got an RFE yesterday for the child, the question is can they travel out of the US while their AOS is in process eventhough their K's visas allows them to enter the US as many times for 2 years????

[YuAndDan 153]

K-3 and K-4 are multi-entry visas, so YES they can travel while AOS is pending.

From form I-131 directions:

NOTE: If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in A and B are met:

A. You are in one of the following nonimmigrant categories:

1. An H-1, temporary worker, or H-4, spouse, or child of an H-1; or

2. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or

3. A K-3, spouse, or K-4, child of a U.S. citizen; or

4. A V-2, spouse, or V-3, child of a lawful permanent resident; and

B. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with USCIS.

However, upon returning to the United States, you must present your valid H, L, K, or V nonimmigrant visa and continue to remain eligible for that status.

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

[frank_cuenca 0]

WOW, you are awsome , thank you very much for your reply.