AOS and EAD

[lincoln81 0]

Hi Everyone. If my AOS and EAD is pending, am I allowed to go back to Canada to visit my parents? I just looked on the back of my 1-94 and it says you have to surrender it when you leave the US. That I-94 number is on all my forms.

Thanks:)

Edited April 8, 2009 by lincoln81

[TayRivers 4]

You need to be approved for Advanced Parole (AP) before you can leave the US. You should have filed for this along with your AOS, it would have been on form I-131.

If you leave the US without the AP documents you will be abandoning your AOS and will have to remain outside the US and apply for a spousal visa to be able to return.

If you did not apply for the AP (I-131) you can do so now, just include a copy of the NOA1 from your I-485.

[Krikit 1,166]

I'll let a K-3'er chime in here but I was under the impression that they were multiple entry and did not require an AP.

[Catt 6]

I'll let a K-3'er chime in here but I was under the impression that they were multiple entry and did not require an AP.

That is correct.

K-3 visa holders indeed do not have to ask for AP, which is a difference with K-1 (K-1 is not multiple entry).

Check out the K-3 visa closely, and it should say "M" under entries (for multiple).

The I-94 is not the visa itself.

Edited April 8, 2009 by Catt

[sardes 0]

Yes K-3 is multiple visa valids for 2 years. We don't need AP. Actual visa expire date is written on your I-94. as far as I know before that time you can travel without having any problem.

[Angela & Paul 12]

Yes K-3 is multiple visa valids for 2 years. We don't need AP. Actual visa expire date is written on your I-94. as far as I know before that time you can travel without having any problem.

I did not know that. I think that's a major bonus for doing a K-3 visa rather than K-1.

People argue that K-3 is longer than K-1, but at least you're not separated.