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K-3 spouse entering U.S. ahead of K-4 children

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Filed: K-3 Visa Country: Russia

Hopefully, my spouse will receive her K-3 visa in mid-November, and she would like to enter the U.S. immediately thereafter. After she is here for about six weeks, she will return for her children, who are going to receive their K-4 visas also in mid-November.

Thus, my wife will enter the U.S. about 2 months ahead of my step-children. Can anyone share with me how any of this might impact the Adjustment of Status process?

Thanks a million!

from Andrew

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hi there

found this on the state dept website for you...

also if you go to the link below you will be able to read the whole page

k3 visa FAQ

Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S. , USCIS will not presume that the departure constitutes abandonment of an adjustment application.

hope it was some help to you..

take care an good luck



11th Aug 2008 - Mailed I-751 to CSC.

12th Aug 2008 - Application received

14th Aug 2008 - Cheque cashed

18th Aug 2008 - Received NOA-dated the 12th

26th Aug 2008 - Received Biometrics letter

4th Sept 2008 - Biometrics-Detroit-Complete-'Touched'

5th Sept 2008 - 'Touched'

1st Dec 2008 - APPROVED-Card production ordered -112 days

8th Dec 2008 - USCIS mailed approval notice.

8th Dec 2008 - Received my 10 year Greencard in the mail. took 2 days.

Although I have the above date for approval my card actualy states the

2nd December..

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Filed: Other Timeline

your kids will not be able to apply for AOS until after they've moved to the US and gone thru the POE process of "activating" their visas. Your wife may want to wait until that time as well, so that you can send in everything all together.

It shouldn't negatively affect you at all, as their visas are valid for 2 years, and most district offices are processing AOS in less than that.

Your wife can apply for EAD as soon as she arrives tho, so she won't have to wait on the kids for that. K3s can apply separately for EAD and AOS, as one is not contingent upon the other.

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


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