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antoneya

Traveling without AP????

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I have a few questions and hopefully someone here can help me. This is not me so my timeline doesn’t apply.

My friend got married in India about 5 years ago; he was LPR at the time. His wife went to Canada as a student, lived there while they waited for their visa approval. While she was in Canada they had a son (Canadian citizen) and my friend got his citizenship after the son was born. The wife and son came to the US via a K-3 about a year ago and now the wife is waiting on AOS approval. The I-130 submitted for the son got lost so now he has to resubmit for the son (2 years old now). So that’s the story so here are my questions.

They are planning to travel in two months, the wife already has AP, someone told my friend that if he did the AOS for the son and they travel he would have to reapply when they get back so he is going to wait until they get back to do the AOS. He is planning on using the Canadian passport to leave and comeback, will this be o.k.?

Or should he submit the I-130, AOS and AP for the son and hope that the AP would come in before August.

Is there another way for the son to get his citizenship faster, since the father is a citizen now or does he need to do the I-130 and AOS for the son?


Alex A

----------------------------

9/16/2009 - Married

USCIS

1/22/2010 - I-130 sent

1/27/2010 - USPS tracking - Delivered, CHICAGO, IL 60680

2/02/2010 - NOA1

2/07/2010 - NOA1 - Hard copy

3/31/2010 - NOA2

4/1/2010 - NOA2 - Email & Text (~58 days)

4/5/2010 - NOA2 - Hard copy

NVC - Taking my time with it...

4/8/2010 - got NVC case # & gave them email address (~ 1 week)

4/13/2010 - Choice of Agent email from NVC (~ 5 days)

4/14/2010 - Email sent to NVC with "Choice of Agent

4/19/2010 - NVC email confirming "Choice of Agent" email (~5 days)

4/20/2010 - NVC email with AOS and IV bill

4/23/2010 - AOS fee paid & package send

4/26/2010 - IV fee paid

5/21/2010 - IV pack mailed to NVC

5/28/2010 - NVC received IV packet

6/10/2010 - SIF & RFE (for PCC different for Sir Lanka)

6/11/2010 - CC (with RFE)

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Filed: K-1 Visa Country: Wales
Timeline

The child would need a K4.

Or AOS and AP.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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The child would need a K4.

Or AOS and AP.

He has a K-4, the mother came on a K-3 and he came with her on a K-4.

Can he travel with the K-4? is there any time limit on the K-4 when does it expire?


Alex A

----------------------------

9/16/2009 - Married

USCIS

1/22/2010 - I-130 sent

1/27/2010 - USPS tracking - Delivered, CHICAGO, IL 60680

2/02/2010 - NOA1

2/07/2010 - NOA1 - Hard copy

3/31/2010 - NOA2

4/1/2010 - NOA2 - Email & Text (~58 days)

4/5/2010 - NOA2 - Hard copy

NVC - Taking my time with it...

4/8/2010 - got NVC case # & gave them email address (~ 1 week)

4/13/2010 - Choice of Agent email from NVC (~ 5 days)

4/14/2010 - Email sent to NVC with "Choice of Agent

4/19/2010 - NVC email confirming "Choice of Agent" email (~5 days)

4/20/2010 - NVC email with AOS and IV bill

4/23/2010 - AOS fee paid & package send

4/26/2010 - IV fee paid

5/21/2010 - IV pack mailed to NVC

5/28/2010 - NVC received IV packet

6/10/2010 - SIF & RFE (for PCC different for Sir Lanka)

6/11/2010 - CC (with RFE)

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Filed: K-1 Visa Country: Wales
Timeline

K4 is multiple entry 2 years.

Same as K3.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

He has a K-4, the mother came on a K-3 and he came with her on a K-4.

Can he travel with the K-4? is there any time limit on the K-4 when does it expire?

Advance Parole for K-3 or K-4 Family Members

Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their nonimmigrant K-3 or K-4 nonimmigrant visa. The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant status has expired and the applicant has an adjustment of status application that remains pending.

USCIS link

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