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  • K-3 pending...ok to travel?

    Hello Everyone,

    Before I apply for the K-3 visa, I just need to confirm about something that I'm VERY confused about. I keep getting mixed information on this one. I was told by a few different lawyers that when you file for the K-3 visa you can't leave the country (go visit spouse in U.S.) until it is approved. They advised if you do leave then your petition is cancelled, therefor you just wasted your money etc. ...But after reading different people's experiences it looks like people do travel while the case is pending, and that it is allowed.

    *** What is right here? Can you, or can you not travel while your visa is pending? Allowed or not allowed? ( AND is it not in the system when you cross the border and they scan your passport or I.D. that you're filing for a visa of some sort?) ***


    Thanks in advance for your help with this one!

    Very confused - Canadian_Butterfly

  • #2
    Hello Everyone,

    Before I apply for the K-3 visa, I just need to confirm about something that I'm VERY confused about. I keep getting mixed information on this one. I was told by a few different lawyers that when you file for the K-3 visa you can't leave the country (go visit spouse in U.S.) until it is approved. They advised if you do leave then your petition is cancelled, therefor you just wasted your money etc. ...But after reading different people's experiences it looks like people do travel while the case is pending, and that it is allowed.

    *** What is right here? Can you, or can you not travel while your visa is pending? Allowed or not allowed? ( AND is it not in the system when you cross the border and they scan your passport or I.D. that you're filing for a visa of some sort?) ***


    Thanks in advance for your help with this one!

    Very confused - Canadian_Butterfly

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Canadian_Butterfly:
      *** What is right here? Can you, or can you not travel while your visa is pending? Allowed or not allowed? ( AND is it not in the system when you cross the border and they scan your passport or I.D. that you're filing for a visa of some sort?) *** </div></BLOCKQUOTE>
      I've heard many people do come for a visit while K3 is pending. I've never heard or read anything saying that a visit would cancel the petition (were you told that by more than one lawyer?!).

      Yes, at POE, the officer can see the petition has been filed. So, it is up to him/her to asses the individual situation and likelihood that the alien will return to home country instead of staying and doing AOS.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by aneri:
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Canadian_Butterfly:
        *** What is right here? Can you, or can you not travel while your visa is pending? Allowed or not allowed? ( AND is it not in the system when you cross the border and they scan your passport or I.D. that you're filing for a visa of some sort?) *** </div></BLOCKQUOTE>
        I've heard many people do come for a visit while K3 is pending. I've never heard or read anything saying that a visit would cancel the petition (were you told that by more than one lawyer?!).

        Yes, at POE, the officer can see the petition has been filed. So, it is up to him/her to asses the individual situation and likelihood that the alien will return to home country instead of staying and doing AOS. </div></BLOCKQUOTE>

        Yes, when I was in the U.S. the last time and I I spoke to two different lawyers, the both of them told me that when you start to file you can't leave the country or the petition is cancelled. Also, to be more specific the K-3 was mentioned and the lawyer advised that it takes approx. 6 mnths to approve -during that time, you can't leave. They said that's why you're getting these "travel" documents, so while your case is pending for green card etc. you'll be able to travel only once that document (K-3) is approved. **That's why I'm really confused about this. If you say that it can be seen that your petition has been filed at POE, then if what they told me is true -you would think that the officer would deny entry and then do something in the system to let them know you tried to leave and have it cancelled right? But if people are traveling and still get through at the border and w/ the visa, then that doesn't make sense! AHH the confusion!***

        Canadian_Butterfly

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Canadian_Butterfly:
          Also, to be more specific the K-3 was mentioned and the lawyer advised that it takes approx. 6 mnths to approve -during that time, you can't leave. They said that's why you're getting these "travel" documents, so while your case is pending for green card etc. you'll be able to travel only once that document (K-3) is approved. </div></BLOCKQUOTE>

          Did they say: once petiton is filed, you can't leave the US (that's true for AOS, but not K3)? or you can't come for a visit and return to your contry?

          The part I quoted is completely incorrect. It is a mixture of 2 different situations.. and 2 different processes.
          Once you receive K3 and enter the US, you have 2 years to file for AOS - green card.

          Comment


          • #6
            Yes, you may have misunderstood what the attorney was telling you, or the attorney may have misunderstood what you were telling him. I've never heard of a K visa being cancelled due to travel. As far as I know the problem is not cancelling the visa, but rather whether the immigration officer will let you visit the U.S. with a pending K visa showing up in the computer.
            However, once the K visa is approved and you have used the visa to travel to the U.S. and have filed the I-485, that is a completely different story. You have to apply for advanced parole in order to leave the country or the I-485 will be considered abandoned.
            Note: This is not legal advice. For legal advice contact a competent immigration attorney. http://asylumlaw.blogspot.com

            Comment

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