k32007

Pay is correct. This is an easy issue to confuse. Visas are used to enter the USA, so an expired K3 cannot be used to enter the USA but upon initial entry, the I-94 will provide valid status for two years from the entry date.

As for the original question, I don't see any issue with continuing to use the K3 visa until it expires, or to request its validity be extended. After all, extension and no need to maintain permanent residency are two of the unique benefits of the K3 visa. It's also why the visa is only virtually obsolete. The need for the unique benefits is kind of rare but there are cases like this where K3 can be quite useful.

Yes, I agree on the validity point - I didn't mean to confuse the issue.

As to the K3 visa extension, which would be preferred, is there a requirement for the AOS paperwork to have been filed in order to obtain the extension? Or, is it possible to extend the non-immigrant status indefinitely, in two year increments, without filing the i-485? I had presumed that once the AOS (i-485) form is filed that it would only be a matter of time (from the timelines approx 3-4 months) before PR would be granted. Given present circumstances, we would either need to abandon the process entirely or, preferably, extend the non-immigrant status as converting to immigrant status at this time is not possible.

PS I realize almost everyone else on these boards is trying to achieve what we are proposing to abandon so I apologize if this line of question adds any distress to a traumatic experience - I do not do this with caprice. I do, however, value the opinion of the readership on the question at hand.

Uhm - thats a 2 year 'validity' once she's come through POE, that first time.

I suggest you view it as a multi-entry visa, for those 2 years - but I've no idea how long to 'be out of USA', each time. I not think the same PR/GreenCard rules apply.

If there's some divorce proceedings later, well, thats a different situation.

HTH?

Thanks for your input.

Right... K3 is valid for 2 years from original entry. And, even if the PR/GC rules applied, she will not be out of the US for more than 1 year during the 2 year period - so that shouldn't be an issue. With all due respect, the question has nothing to do with separation or anything to do with the relationship but rather the question is, if there is any need to advise USCIS that we're abandoning the immigration process, at least for the time being.

Once the K3 visa lapses/expires, will the fact of the abandonment cause:

a) any issues if/when, in the future, we petition for either IR-1 or K3?

B) any issues for her coming to US for a visit under VWP?

Thanks.

You can just let it expire naturally.... she can use it for enter/exit until it does....

So, there's no requirement or perceived benefit to giving any notification to USCIS that we will not be pursuing AOS/PR/CR? Every time we enter US the immigration officer asks whether we've applied for AOS, which we have not done. We don't want to be disingenuous but don't want to end up in the 'too hard' basket either.

As mentioned in OP, circumstances have changed b/w original petition and the present -- and we are now overseas indefinitely.

Hi,

We petitioned for & received K3 visa for my spouse but due to circumstances needed to return overseas. My question is what do we need to do to cancel the k3 for my spouse? Or can we just let it expire & be 'abandoned'. We have not yet applied for AOS. Obviously, we want as few issues for her to return as a visitor (from a VWP country) and if/when we eventually do look for PR in USA.

Thanks.

Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION

Current Status: DOCUMENT OTHER THAN CARD OR TRAVEL DOCUMENT MAILED TO APPLICANT

On Nov 3, 2008, your document I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION was processed and mailed to the address on record.

Does anyone know what this means? I'm mostly confused about "document other than card mailed to applicant". I have not received the mail.

Brian

Assume the K3 visa is approved in the maiden name and the passport that it's inserted into is in the maiden name.

If my wife does a "name change" after K3 approval, is it possible to get a new passport with the married name and use the old passport (with the K3 visa) to enter the US? Is there any formal "adding of aliases" to the K3 visa?

My understanding is that if the original passport expired that the K3 visa in the expired passport would still be valid until the expiration date and you'd just carry both passports. Is the same true if the name in the passport has been changed to the married name? Do you just carry your marriage certificate?

Assume the K3 visa is approved in the maiden name and the passport that it's inserted into is in the maiden name.

If my wife does a "name change" after K3 approval, is it possible to get a new passport with the married name and use the old passport (with the K3 visa) to enter the US? Is there any formal "adding of aliases" to the K3 visa?

My understanding is that if the original passport expired that the K3 visa in the expired passport would still be valid until the expiration date and you'd just carry both passports. Is the same true if the name in the passport has been changed to the married name? Do you just carry your marriage certificate?

Assume the K3 visa is in the maiden name and the passport that it's inserted into is in the maiden name.

If my wife does a "name change" consider the following question:

Is it possible to get a new passport with the married name and use the old passport (with the K3 visa) to enter the US? Is there any formal adding of aliases to the K3 visa?

My understanding is that if the original passport expired that the K3 visa in the expired passport would still be valid until the expiration date and you'd just carry both passports. Is the same true if the name in the passport has been changed to the married name?

Hi,

My wife has submitted her DS156 electronically (and via paper copy). The issue is that since she filed the DS156, she has had to go & get a new passport. The passport number entered on the DS156 is the "old" passport number. She has the old passport in her possession. The number on the new one is different.

Is it best to refile the DS156 or just to let it go? Can they "change it on the fly" at the Consulate?

Thanks,

Brian

I've got a question for you all that relates to the "Keeper of Names" comments.

My wife has not changed her name yet but wants to do so. She has her interview in Sydney on May 27th. Can we request that they add an "additional alias" to the visa (eg with my last name) so that if she gets a new passport with my last name that things will "pass muster" when she shows her old passport with the visa along with her new passport with the new name?

Any gotchas regarding K3 interviews @SYD?

Hi all,

I'm the USC & my wife just received Packet 3. However, she's away from OZ on business for several weeks & thus can't do the medical for a while. She's sent in her request for the police check and we have all the other documentation ready to go, save the medical.

The question is whether we can send the consulate most of the documentation they require (eg not the police checks & not the medical) and ask for them to schedule the interview? Or, do they really need all of the documentation before they'll proceed?

Is it critical to send in all the existing documentation first, or can we email them?

Finally, I've heard that they will sometimes schedule appointments around USC visits... I'm headed over towards the end of May-- will that make any difference?

Any advice would be greatly appreciated.

Thanks,

Brian

Hi,

A couple of quick questions. It seems that the K3 medical should not involve a review of the vaccinations (http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html). Is this accurate?

Also, about how long did it take to schedule an appointment with either of the Sydney doctors - Millar or Waks? Finally, how long did it take to get the results?

Thanks,

Brian

PS Accidentally posted this in the main forum, so sorry about the double post.

Hi,

A couple of quick questions. It seems that the K3 medical should not involve a review of the vaccinations (http://travel.state.gov/visa/laws/telegrams/telegrams_1431.html). Is this accurate?

Also, about how long did it take to schedule an appointment with either of the Sydney doctors - Millar or Waks? Finally, how long did it take to get the results?

Thanks,

Brian

what does the k3 visa actually look like? does it take up an entire page in the passport?

Brian,

I didn't have an answer about the I-130 the other day, but it turns out that CSC only forwarded the I-129F.

I love being out of the incompetent hands of USCIS. NVC received our K-3 case on Thursday and I already got an email saying they had sent it to the embassy today. At this rate, we might just get a May interview. At worst case, it will be June.

CG,

I hear ya! Our case is now en route to consulate - left NVC today! (BTW, NVC hasn't rec'd our I130 from CSC.)

Brian

Is it possible to do the Medical Examination for the K3 in the US instead of in the country that the visa is going to be issued? That is, can the beneficiary just go to a US Civil Surgeon while here on a visit?

Filed I130 Aug 16 & followed with I129F on Sep 28.

NOA2 for both I130 and I129F on Mar 13 & USCIS claimed both were going to NVC.

NVC received I129F on Apr 3 & has not yet received the I130. The I129F has not yet been forwarded to Consulate - expecting Monday/Tuesday.

Best of luck to you, Elbereth, have been going through the process step by step with you until now... It's such a relief to be out of USCIS. Hope you get there soon. I'm sure that's not much consolation to you.

Our I129F was NOA2'd by USCIS Mar 13 & rec'd by NVC on Apr 3 (called today & got case number). The rep I spoke to said that they usually get them forwarded to Consulate w/in 48 hours - I guess she probably meant 2 business days. I have heard 2 weeks from others @VJ. Still, good to know it's at NVC!

Although out I130 was NOA2'd by USCIS on Mar 13, it has apparently not yet been received by the NVC.

Lurking - if you're still updating your chart, this is for Brian & Hannah. BTW, you have us on there 2x. As Hannah & Brian and as Brian & Hannah. Once will suffice ;-).

JC,

Have you been calling NVC. Our petitions left CSC on Friday and got to NVC yesterday. They confirmed that our K-3 will be forwarded to Bogota in about two weeks. We have Packet 3 ready to fax so we can get an interview at absolute latest in June. If we're lucky, we might get May.

If you haven't already, call 603-334-0700 press 1 and then 2 at the prompts. You won't get through every time, but keep trying.

CG,

Did your I130 make it to NVC as well?

Brian

Any one have additional information on the NVC?

Email response received today from NVC stating my petition (purportedly sent by CSC to NVC on Mar 13) has not yet arrived NVC. Looks like that bus has slowed a bit from the earlier 2-3 days to get to NVC.

Here's their email:

Dear Sir/Madam:

Your inquiry has been received at the National Visa Center (NVC).

Your inquiry indicates that the approved petition has been forwarded to the National Visa Center (NVC) for processing. The NVC has not yet received this petition from CIS (Citizenship and Immigration Services).

Regards,

National Visa Center

LVF

Yes, for K3 because it is not an immigrant visa. That will work for your I-130 case though.

Aha! Thanks...

Pushbrk & Lurking,

Do you really mean to say that if I reach the automated attendant at NVC 603.334.0700

and hit

x1 for english

x1 for immig visa

x1 for uscis

x4 for wac

x1 to confirm wac

08xxxxxxxx (eg 129F USCIS Case Number after WAC)

x1 to confirm correct

That the automated system will not provide any information & that I actually have to speak to a live person? All I want to know is whether they've received the petition or not.

Has anyone else recently obtained case status from NVC? Can you please confirm how you did this?

Thanks,

Brian

Pushbrk et al,

I can confirm that BOTH (129F & 130) of our hardcopy NOA2s state that they have been sent to NVC for processing.

As of today, neither has actually been received by NVC.

Question: Is it possible/advisable to email the NVC and instruct (ask/beg) them to hold the 130 or otherwise ensure that the K3 route is pursued vs. CR1?

I have repeatedly tried to call NVC's automated status line at 603.334.0700 this afternoon & keep getting a busy signal. Is anyone else experiencing difficulty reaching them?

FYI, after quick touches on both petitions on Mar 7, they were both approved Mar 13th. Both NOA2 hard copies received in the mail today, Mar 17.

Per the NOA2s, both petitions have been forwarded to the NVC for processing.