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Filed: Timeline
Posted

I read if the person comes to the US with K3 visa that Advanced Parole is not required for leaving and then returning to the US, am I correct?

Is it required for K1 visa but not K3??

In K3 case the person can only leave the US after they send the forms for green card to the service center, is this correct?

Filed: Other Timeline
Posted

You do not need Advanced Parole if you have K3. It is multiple entry, valid 2 years. And your AOS application status has no bearing on the 2 year validity.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

Filed: Timeline
Posted
You do not need Advanced Parole if you have K3. It is multiple entry, valid 2 years. And your AOS application status has no bearing on the 2 year validity.

For K3 visa after she enters the US how long do we have to send the AOS to the USCIS?

Also, can she leave the US before we send the AOS to the USCIS?

Filed: Other Timeline
Posted

You have 2 years basically the validity of the K3 visa. However, unless you want to spend money on a second medical exam as well as the AOS fees, you'll want to make sure you have it submitted *before* the K3 medical expires, which is one year from the date it was done. If she wants to work and/or get a driver's license, she should at the very least apply for employment authorization (at additional cost of course) as soon as she gets here, so that she can get an SSN. K3 is not work authorized, so getting on with life is rather difficult until one has EAD and SSN. Quite a lot of banks won't even let her get an account withtou an SSN, some insurance (health, car etc) companies won't add her unless she's got an SSN...etc etc etc...

Yes, she can leave any time she wants after she has the K3 visa. She can turn around and leave the same day if she wants. AOS application has *NO* bearing whatsoever on the validity of the K3. None. However, (there's always a but!) she shouldn't stay out of the country long, otherwise they *may* deem she has no intent to live her permanently, and they can revoke her status. If she's just going somewhere for a few weeks vacation, it wouldn't be a problem. But if she leaves 6 months or for a year, she migh have a problem.

If you don't care about how much money it'll cost, you can wait. If you're short of funds, you'll want to file the AOS as soon as possible to save yourself some money. Your choice of course.

divorced - April 2010 moved back to Ontario May 2010 and surrendered green card

PLEASE DO NOT PRIVATE MESSAGE ME OR EMAIL ME. I HAVE NO IDEA ABOUT CURRENT US IMMIGRATION PROCEDURES!!!!!

 
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