Question on K3 to AOS guide / KFAQ

[user786 0]

I am alerting you more experience VJ'ers to please contact the administrators of the forum and let them know as of 10/17/2006 that they may have some possible wrong or misleading information in the official K3 to Adjustment of status Guide which can be accessed here:

http://www.visajourney.com/faq/k3k4visa-aos.html

It clearly says this in the official VJ guide:

14.8)...My status as K3 is about to expire, and I am still waiting approval of AOS. Is there anything I can do to keep my status?

A..Yes, you can apply for an extension of status with the USCIS (INS). This will enable you to leave the United States and return without needing Advance Parole. It is probably a good idea to extend the K3/K4 status if you plan on being outside the country."

As I read and understand the info in the guide above, it nullifies and contradicts everything we are discussing in the thread referenced here:

http://www.visajourney.com/forums/index.php?showtopic=36509

Quite a few memebers including some apparent knowledgeable ones have said that there is no way of reentering the USA on a K3 status extension after the K3 visa expires. The discussion thread is saying that the extension is only to keep you in legal status while remaining in the USA until you finally leave to go for the immigrant visa IR1/ CR1 interview at an overseas consulate and then you can only reenter the USA with the approved Immigrant Visa and get the green card at the POE. However, the K3 AOS guide is saying that you can travel out and back in if you get the I-539 extension. It even says that if you are doing AOS you don't even need I-131 AP to reenter because you would have the K3 extension already. I am not here to argue who is wrong or right. I just want us to all benefit from accurate information rather than someone reading the K3 to AOS guide, filing for I-539 extension and then leaving USA and not being allowed to re-enter. Likewise, if the info in this discussion thread above is inaccurate then this needs to be updated and pointed out as well.

Please leave your input and more importantly, please pass this on to moderators or whoever has the ability to update the guide or the reference discussion thread.

Thanks

(edited to change title to be more descriptive)

Edited October 19, 2006 by Captain Ewok