How long must she stay?

[Bill-Adriana 0]

My wife and I live in Brasil. I am an American citizen and she was recently granted her permanent visa (Yeah!!!) We will be going to the US in September. The thing is, I'll have to come back to Brasil the beginning of October to finalize the closing of the sale of our home here and take care of a few last details. Adriana is nervous about being by herself (although she'll be with my parents - she's just very shy)

Is there any problem in her returning to Brasil after say, a month's stay in the US?

[Mononoke28 134]

My wife and I live in Brasil. I am an American citizen and she was recently granted her permanent visa (Yeah!!!) We will be going to the US in September. The thing is, I'll have to come back to Brasil the beginning of October to finalize the closing of the sale of our home here and take care of a few last details. Adriana is nervous about being by herself (although she'll be with my parents - she's just very shy)

Is there any problem in her returning to Brasil after say, a month's stay in the US?

Will you be interviewing for a CR1/IR1 or K3 visa? With a CR1/IR1 she can go back to Brazil the next if she wants to as long as she get her I-551 stamp on her passport. She cannot stay away from the US for more than 12 months.

If she comes to the US with a K3 visa, she will need to file for AOS in order to get her green card and Advance Parole which is the document that lets her re-enter the US if she has to leave for some reason. The Advance Parole approval can take up to 3 months and her green card can take up to 6 months.

Diana

[Bill-Adriana 0]

Will you be interviewing for a CR1/IR1 or K3 visa? With a CR1/IR1 she can go back to Brazil the next if she wants to as long as she get her I-551 stamp on her passport. She cannot stay away from the US for more than 12 months.

If she comes to the US with a K3 visa, she will need to file for AOS in order to get her green card and Advance Parole which is the document that lets her re-enter the US if she has to leave for some reason. The Advance Parole approval can take up to 3 months and her green card can take up to 6 months.

Diana

Hi!

Thanks for the quick reply. Could you also please tell us more about this I-551 (How and where we would apply?)

[Mononoke28 134]

Hi!

Thanks for the quick reply. Could you also please tell us more about this I-551 (How and where we would apply?)

The I-551 stamp is given at POE to people who enter the US with the CR1/IR1 visa as a temporary "green card" if you will should they need to travel or work in the US. There's no extra paperwork that needs to be filed because the POE officer will stamp her passport the day she arrives. This is all she will need to travel but like I said, she should not stay away from the US for more than 12 months.

Diana

[john_and_marlene 162]

If she comes to the US with a K3 visa, she will need to file for AOS in order to get her green card and Advance Parole which is the document that lets her re-enter the US if she has to leave for some reason.

Not true! The K-3 is a 2-year Multiple entry visa.

[MalolosToUSA 0]

Not true! The K-3 is a 2-year Multiple entry visa.

You are mistaken. The K-3 is not a Multiple entry visa. Once in the US, if you want to leave you MUST have applied for AOS and hava an AP document for re-entry else the K-3 visa will be considered abandoned by the USICS.

[Bill-Adriana 0]

Not true! The K-3 is a 2-year Multiple entry visa.

Thanks for that note. In any case, Adriana will be entering on an IR1 visa.

[Justine+David 218]

You are mistaken. The K-3 is not a Multiple entry visa. Once in the US, if you want to leave you MUST have applied for AOS and hava an AP document for re-entry else the K-3 visa will be considered abandoned by the USICS.

that only applies to K1s, not K3s

K3s are for married people. Please don't post wrong information

check out this link for more info: http://www.visajourney.com/content/compare

Edited August 11, 2010 by Justine+David

[Laura_Z 1]

that only applies to K1s, not K3s

K3s are for married people. Please don't post wrong information

check out this link for more info: http://www.visajourney.com/content/compare

It's true, K3 does NOT require adjustment of status because you get the temporary Green Card in hand.

[Nik+Heather 121]

It's true, K3 does NOT require adjustment of status because you get the temporary Green Card in hand.

I'm sorry, but that's wrong. All K visas are NON-Immigrant visas. That means that their status must be adjusted to permanent resident. If one enters on an immigrant visa (CR-1/IR-1 or others that we don't deal with much on here) then they are residents when they enter, and the green card is sent to them triggered by their entry.

[rin and john 71]

Lot's of incorrect info. John and Marlene's post is correct. The K-3 is a multiple entry visa valid for two years. You have to either file AOS or depart the USA (and get another visa to re-enter) before the two years are up. Prior to the two years expiring, you can come and go as you please. Rin entered the USA on a K3 in April 2007, went back to Thailand twice in 2008 without any problem. We waited until the summer of 2008 to file AOS to make sure she received a 10 yr GC (2nd wedding anniversary in Oct 2008) instead of a 2 yr GC (didn't want to go through ROC).

All a moot point as K-3 is pretty much non-existent these days.

[john_and_marlene 162]

You are mistaken. The K-3 is not a Multiple entry visa. Once in the US, if you want to leave you MUST have applied for AOS and hava an AP document for re-entry else the K-3 visa will be considered abandoned by the USICS.

-1

[Ladylethal 12]

Just one note though, she shouldn't be away from the US for more than 12 months BUT any stay longer than 6 months should be after applying for an AP, for your peace of mind as some BP officers may give you trouble even for a 6 month stay.

[Bill-Adriana 0]

Just wanted to thank everyone for your comments. Most of the discussion ended up being about k type visas. Adriana has an IR1 so from what I gathered, she's OK to return to Brasil whenever. We won't be away more than a couple months, bust just wanted to make sure we don't run into any snags along the way.

[Laura_Z 1]

I'm sorry, but that's wrong. All K visas are NON-Immigrant visas. That means that their status must be adjusted to permanent resident. If one enters on an immigrant visa (CR-1/IR-1 or others that we don't deal with much on here) then they are residents when they enter, and the green card is sent to them triggered by their entry.

that's right, I looked it up on USCIS.gov. I could have sworn that yesterday I saw a different thing on VJ.. My bad!

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.