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Thread: My K-3 Expiring I am overseas 130 already approved

  1. #1
    Hi,

    I entered the US on a K-3 Visa, My I-130 was approved before my K-3 but only because of having to file a 601 waiver which was approved.

    I entered the USA and shortly after my U.S. citizen Husband lost his job so we never filed a change of status. I lived in America under the k-3 for 8 months, got my work permit and my ss#

    we however did not file a change of status before we left because he did not have a job anymore

    Since it was easier for us to survive in Guyana we came back after I live in America for 8 months on a k-3 visa.

    We have been married for over 13 years and now reside in Guyana.

    I would like to know if it is posible for me to get my k-3 renewed or extended at the local embassy since we have an approved I-130.

    Or can we get a visa so I can travel with my husband to visit family as we have decided we may not go back to live in America for a while due to our business here.

    Please tell me if I violated any laws by comming back to Guyana under a K-3 status as we never filed for a COS in America.

    Is it posible to get an extention on the k-3 until we get back on our feet and my husband can afford to support me if we go back to America?

    Please help. it took us 14 months to get the k-3 because I was banned for life for making a false statement to an INS officer and we got the 601 waiver approved so the ban was lifted.

    Is there any reason i could not get another visa to go back to visit his family with him?

    My k-3 epires in Oct this year please help

  2. #2
    Hi,

    I entered the US on a K-3 Visa, My I-130 was approved before my K-3 but only because of having to file a 601 waiver which was approved.

    I entered the USA and shortly after my U.S. citizen Husband lost his job so we never filed a change of status. I lived in America under the k-3 for 8 months, got my work permit and my ss#

    we however did not file a change of status before we left because he did not have a job anymore

    Since it was easier for us to survive in Guyana we came back after I live in America for 8 months on a k-3 visa.

    We have been married for over 13 years and now reside in Guyana.

    I would like to know if it is posible for me to get my k-3 renewed or extended at the local embassy since we have an approved I-130.

    Or can we get a visa so I can travel with my husband to visit family as we have decided we may not go back to live in America for a while due to our business here.

    Please tell me if I violated any laws by comming back to Guyana under a K-3 status as we never filed for a COS in America.

    Is it posible to get an extention on the k-3 until we get back on our feet and my husband can afford to support me if we go back to America?

    Please help. it took us 14 months to get the k-3 because I was banned for life for making a false statement to an INS officer and we got the 601 waiver approved so the ban was lifted.

    Is there any reason i could not get another visa to go back to visit his family with him?

    My k-3 epires in Oct this year please help

  3. #3
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Dr. Golden:
    I enetered the US on a K-3 Visa, My I-130 was approved before my K-3 but only because of having to file a 601 waiver which was approved.
    I lived in America under the k-3 for 8 months, we however did not file a change of status before we left and now reside in Guyana.

    I would like to know if it is posible for me to get my k-3 renewed or extended at the local embassy since we have an approved I-130.
    Is there any reason i could not get another visa to go back to visit his family with him?

    My k-3 epires in Oct this year please help </div></BLOCKQUOTE>

    A K3 is a multiple entry visa, and you may leave the United States and return using the same visa, even if you have applied for Adjustment of Status. Unlike a K1, the K3 does not need to obtain an "advance parole" document to reenter the United States, but you would have to return before it expires.

    The foreign national spouse may apply for an extension of stay on Form I-539 within 120 days prior to the expiration of the K-3 visa. An application for the extension of a K-4 visa must be filed at the same time. Extensions are granted in two (2) year increments.

    In order to obtain an extension, the foreign national must demonstrate that one of the following has been filed and is awaiting approval:
    Form I-130 filed by the same U.S. citizen spouse who filed the I-129F petition.
    Application for an immigrant visa based on an approved I-130.
    Form I-485, Application for Adjustment of Status, based on an approved I-130.
    The requirements involving extensions of stay were enacted because the K3 visa was not intended for indefinite duration. The foreign national is supposed to be taking the necessary steps toward becoming a lawful permanent resident in a timely manner.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  4. #4
    Sappy,

    Thank you for your reply but you apparently did not read my post properly.

    I am in Guyana, I did not file a change of status.while in America.

    My K-3 is about to expire.

    I am not going back to America for a while.

    I already have an approved I-130 that I got before my K-3 was approve 2 years ago.

    I will be out of status when my K-3 expires.

    Your copy and past of immigration laws does not even pertain to my question.

    I am trying to find out if I can get a visa of any kind to go to america with my AMerican husband to visit. all this is in my post.

    Please can I get an answer that is about my post?

    Thanks for the attempted help but you did not address my issue at all.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Dr. Golden:
    I would like to know if it is posible for me to get my k-3 renewed or extended at the local embassy since we have an approved I-130.
    _______________________
    I am in Guyana, I did not file a change of status.while in America.

    My K-3 is about to expire.

    I am not going back to America for a while.

    I already have an approved I-130 that I got before my K-3 was approve 2 years ago.

    I will be out of status when my K-3 expires.

    Your copy and past of immigration laws does not even pertain to my question.

    I am trying to find out if I can get a visa of any kind to go to america with my AMerican husband to visit. all this is in my post.

    Please can I get an answer that is about my post?

    Thanks for the attempted help but you did not address my issue at all. </div></BLOCKQUOTE>

    Well as, long as your K3 is still valid, n9o visa is required, But after it expires, then you may encounter some difficulty overcoming the preconceived intent..having had a K3 in the works in the past. Why not withdraw the K3 before it expires, to demonstrate a change of interest in living in the USA?
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  6. #6
    There is no preconceived intent as I already have a Work permit and a SS card. and I have not decided not to live in America, that is my point.

    I am only trying to postpone it until we get finacially stable enough to file for AOS as you have to show ability to support your spouse to be able to adjust my status.

    I am just trying to figure out to get a visa so that when we do go back we can continue and file our 485 form.

    How do you withdraw a visa that you have traveled on? it expires in 2 weeks. and what would be the pupose of withdrawing it?

    I have an approved I-130 also, do I withdraw that saying I decided not to become an American Citizen?

    How would this help me obtain a Visitors Visa later on down the road. Wouldn't this make me look like a fool?

    I mean to say have you ever heard of a foreigner withdrawing permission to travel to America and live there?

    Do you realize how many people would think I was unstable and can't make up my mind?

    why would the Embassy ever grant me aother visa if I withdraw the one I worked so hard to get?

    Wouldnt it be best to let it expire than apply for another type, than to withdraw it 2 weeks before it expires?

    And again how do you withdraw a visa? send them a letter and say "hey cancel this visa I used it up"?

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Dr. Golden:
    There is no preconceived intent as I already have a Work permit and a SS card. and I have not decided not to live in America, that is my point.
    </div></BLOCKQUOTE>
    You want to delay returning to the USA. Your visa expires in a few weeks. You don't wish to extend it. You also wish to be able to visit America, but are not yet ready to reside in America. Right?

    Without extending the visa you have it will expire, and you'd have to start again when you're ready, but until then as I see it any visits to the USA might be difficult because an abandoned immigration process has left the notion that you were intending to live here.

    You should consult an immigration attorney, and right away, as you have only a few weeks of validity period left, you need to knwo the best way to proceed without losing an option.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  8. #8
    I did not say I do not wish to extend it , I said I do not wish to withdraw it. If you read up a bit on some of the posts here, extending a K-3 status does not allow you to re-enter the USA, so extending my status is bad advice.

    I have been married to my U.S. citizen husband for over 13 years and How is it that the embassy would refuse me a visitor visa since I did not violate the terms of my k-3 which is only a vistor visa in a sense also?

    how would I not qualify for a multiple entry visa? my mother has one and she is Guyanese with no family in the USA, she was given it becasue she always returns and never over stays her visa, so now she has a 5 year multiple entry visa.

    How is it that I could not get the same type of visa? I am married to a U Citizen, we came back to Guyana to establish an income, why would I not be allowed a new visa?

    Th emost I would have to do is re-apply for a simple visitor visa is that not true? since I will be accompanying my US Spouse to America for a visit?

  9. #9
    All the more reason to consult an immigration attorney. The K3, by design, offers multiple entries, prior to expiry. Extending status should preserve that, but once again, whether this does in reality, should be checked out.

    The fact tht you are married to a US citizen *could* be tricky if wishing simply to visit in the near future. Naturally, there are ways of overcoming that preconceived intent, and that would be to show significant ties to your home country.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

  10. #10
    Dr. Golden - in how many months/years do you see yourself permanently moving to the US?

    When MM/YY was I-130 approved? (And why did you go for K3 if you had I-130 approved? - just curious)

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