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AOS Denial and K3 visa

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Filed: K-3 Visa Country: Morocco


I wonder if you could help me on my issue.

I entered the Us on a K3 non immigrant visa and i was admitted for 2 years back in March 2010, i applied for adjustment of status while in the Us and later on i left the Us while my AOS was pending, unfortunately my AOS got denied due to the fact that our joint sponsor did not file the last yearly taxt return and we were given 30 days to file a motion or reoepn the case but we did not file because my wife thought that a Senator”s inquiry could help but it did not. I have been in Morocco for 10 months now because my Dad was in emergency suffering from a Tumor and he passed away last March so my question is:

Am i still able to re-enter the Us using my k3 visa which is still valid until March 2012 knowing that my AOS got denied?

The senator’s secretary made some inquiries and she was told from a CBP officers at a port of entry that i could still reenter the Us using my valid k 3 visa despite tha AOS denial and that i would be admitted but i would also be questionned at the port of entry and i should carry my marriage license and the i-130 approved petition and proof that my Dad’s passed away.

please advise as i need a response very urgently to join my wife in The Us.

I have also contacted some attorneys in the Us and some of them said that i could still try for re-entry using my valid K3 visa.

I would be very greatful if you could help me get a clear picture on my case.

I look forward to heating from you soon.

Sincerly yours,


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Filed: Citizen (apr) Country: Mexico

K-3 is a multiple entry visa, so shouldn't be a problem so long as it is still valid. You still have the AOS issue, but that shouldn't stop you at the POE. Once you are back, you need to spend 100% of your energy on getting the AOS process completed--you are so close and it would be criminal to screw it up now !!

Get you butt back here, and next time follow the directions--USCIS will tell you exactly what they want and your job is to respond--not to mess around with some idea that you know better like contacting a Senator.

One more time--DO NOT SCREW THIS UP !!

Our very best wishes

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Filed: Citizen (apr) Country: Ireland

***** Moving from CR-1 to Travelling during Immigration.. forum as OP has a K3 *****

OP: it is my understanding that if AOS is denied, you cannot enter again with the K3, but I am no expert. Hopefully the people in this forum will be able to help!

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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