K3 status extention and travel

[Valentina]

Hi,

I am so glad I found this website, maybe somebody can give me some information.
I entered the country with K3 visa as a US citizen's spouse.The original K3 (that allowed multiple entries) expired in August 2005. I obtained an extention of K3 status from the INS valid untill august 2007. I need to go back to my homecountry for a couple of weeks,but the INS is telling me that if I go overseas they won't let me back into the States, because the extention of K3 status doesn't equal to a visa, so they are telling to obtain a new visa at american consulate overseas by showing the k3 extention I obtained in the States. But the American consulate overseas and the STate Department are saying that is not true, in order for me to come back to the States all I need is a stamp in the passport from Immigration in the States.
It seems to me I am stuck between the two systems...the k3 visa is valid only 2 years because they assume that in 2 years I receive adjustment of status, but is not correct, because I applied for 1-485 over two years ago and I still don't have green card, because the waiting time is extremely long in the city I live in. Does anybody know about this stamp on the passport I could receive to travel abroad from the INS while my I-485 is pending?
The stamp is not the same thing as Advance Parole, because being in K3 status Advance Parole doesn't apply to me. Is there even a law that applies to my case or am I just stuck in between the two systems? Does it mean I won't be able to visit my country untill form I-485 is approved? Allthough I am K3?
Thank you so much.

[Valentina]

Hi,

I am so glad I found this website, maybe somebody can give me some information.
I entered the country with K3 visa as a US citizen's spouse.The original K3 (that allowed multiple entries) expired in August 2005. I obtained an extention of K3 status from the INS valid untill august 2007. I need to go back to my homecountry for a couple of weeks,but the INS is telling me that if I go overseas they won't let me back into the States, because the extention of K3 status doesn't equal to a visa, so they are telling to obtain a new visa at american consulate overseas by showing the k3 extention I obtained in the States. But the American consulate overseas and the STate Department are saying that is not true, in order for me to come back to the States all I need is a stamp in the passport from Immigration in the States.
It seems to me I am stuck between the two systems...the k3 visa is valid only 2 years because they assume that in 2 years I receive adjustment of status, but is not correct, because I applied for 1-485 over two years ago and I still don't have green card, because the waiting time is extremely long in the city I live in. Does anybody know about this stamp on the passport I could receive to travel abroad from the INS while my I-485 is pending?
The stamp is not the same thing as Advance Parole, because being in K3 status Advance Parole doesn't apply to me. Is there even a law that applies to my case or am I just stuck in between the two systems? Does it mean I won't be able to visit my country untill form I-485 is approved? Allthough I am K3?
Thank you so much.

[Sugarpuff]

What little research I have been able to do on your case has been disappointing. It seems like this might be a "crack" in the life act. They have made a provision for travel and employment as well as extension of K-3 status. As you indicate though, not much is said about renewing the K-3 visa itself.

The problem is that the K-3 is an "immigrant visa" thus no natural mechanism is in place to renew it. I guess they did not suspect there to be such a processing backlog when it was enacted.

Where do you live and how long are the I-485's taking to process. Given that you said the application is pending for 2 years I would think you would be close to the end.

In my opinion you should wait until you get the call for the I-551 stamp. To many unknowns here. I can imagine some consulare officer telling you the I-485 has been abandoned and that you must now apply for consular processing.

Again this opinion is based on limited research, lets wait and see if anyone else will chime in .

[swissnut]

why doesn't AP apply in your case? Who are you speaking with?

A K-3, within validity, does not require Advance Parole to leave the country. Once status has expired, Advance Parole is necessary if travel is planned before receiving PR. The premise behind obtaining an extension is so that you can leave the US without Advance Parole prior to AOS being approved. If a K-3 expires and no extension has been applied for and granted then the alien is in a period of stay authorized by the Attorney General until AOS is adjudicated.


"(j) Effect of Departure While Application Is Pending.



(1) General Rule. Except as discussed in paragraph (2), if an applicant for adjustment of status departs from the U.S. without first obtaining an advance parole, he or she has abandoned the application for adjustment as of the time of the departure. (See Chapter 54 of this field manual for information regarding the adjudication of an application for advance parole.) If during the course of your adjudication of an application for adjustment you determine that the applicant had abandoned the application before by departing without first obtaining an advance parole, you must terminate the application, citing the alien's abandonment of it as the reason for the denial. However, such termination is without prejudice to the filing of a new application for adjustment if the alien is eligible to do so. See 8 CFR 245.2(a)(4)(ii).



(2) Exceptions to the General Rule. Certain applicants for adjustment of status before USCIS are not considered to have abandoned their applications simply by having departed from the U.S., even if they did not obtain an advance parole prior to their departure. The following aliens fall within the exceptions to the general rule:

(B) K-3 and K-4 Nonimmigrants. Aliens present in the U.S. in a K-3 or K-4 nonimmigrant classification may travel outside of the U.S. and return using their nonimmigrant K-3 or K-4 visa, even if they have filed for adjustment of status in the U.S. prior to departure. USCIS recognizes that although the K-3 and K-4 statuses are nonimmigrant classifications, aliens entering with this status have an intent to stay in the U.S. permanently. The definition of a K-3 or K-4 nonimmigrant alien does not require that such an alien have a foreign residence that he or she has no intent of abandoning. Such aliens are married to a U.S. citizen (or the child of a U.S. citizen) and are coming to the U.S. to live with their spouse (or parent). Accordingly, USCIS will not presume that departure constitutes abandonment of an adjustment application that has been filed.



Note: This rule is different for a K-3 or K-4 nonimmigrant than for fiancés and their children (K-1 and K-2). USCIS notes that applicants for adjustment of status who entered as a K-1 or K-2 nonimmigrant, and who later filed to adjust status, will continue to be required to obtain advance parole to avoid abandonment of their adjustment application upon departure, as provided in 8 CFR 245.2(a)(4). This is the case because K-1 and K-2 aliens have only a 90-day period of admission prior to being required to marry the citizen petitioner and file for an adjustment application. Unlike those in K-3 or K-4 status, K-1 and K-2 aliens will have no status or visa to fall back on following the filing of their adjustment application."

Adjudicator's Field Manual: Redacted Public Version/Chapter 23, 2 of 8

[Valentina]

Thank you for your replies!

AP doesn't apply to me, because I applied and obtained an extention of K3 status (thinking that would enable me to leave the US and come back anytime) So, if I hadn't applied for a status exention, then I assume I could have applied for AP....basicly I thought I was doing something right, but I just messed myself up.
K3 status extention paper is not a sufficient document to come back into the States, I need a visa, that is released only by consular authorities overseas...which on the other hand don't think a K3 visa can be renewed....they don't even contamplate, because they assume by now I would have permanent residence and they say I need a stamp in the passport from the INS.
I leave in Orlando, FL. They are now processing applications dated Nov 2003, but yesterday I talked to National Service Number and my application seems to be processing in the National Center in Missouri....that sound new to me..they wouldn't even give me an appointment at the local INS office in Orlando, they are so busy that appointments are not available??!!! I do think I must be in the "crack" of the system....I'll check into this I-551 stamp...never heard of it before, but I surely appreciate your advices....I will keep you posted!

[dragonlady]

I-551 is your Green Card stamp. The suggestion was that you remain in the country until your status is adjusted and you get your green card. This might be the best.

[Valentina]

Hi
I thought I would let you know what's going on.
Today I finally spoke in person with an Immigration Officer, well he told me I don't need to worry about the K3 status extention, that doesn't mean anything anymore, since I have an adjustment of status application pending, so on that base of that I can go ahead and apply for a travel document. Well, I won't be totally relaxed untill they actually issue me one, but at least things are more clear now......so for you, who have a K3 visa, you don't need to apply for an extention of status after your K3 expires (unless you have not applied for adjustment of status) if you need to travel you qualify for a travel document.
I will keep you posted and cross my fingers I'll get one!

[swissnut]

That's good news. Good to know that USCIS is following what is written in the Adjudicator's manual.

[Sugarpuff]

Don't believe it until you get the AP. Someone wants you to fail and the call is coming from inside the house.

[TheMusk]

HOLD ON AND READ THIS! YOU ARE NOT ALONE. There is a crack in the system and my wife is stuck in a foreign country because of it. She had a K-3; it had not yet expired but was going to expire in a couple of months and we wanted to make sure we could travel and return without a problem. Well, we were told that Advance Parole was not the mechanism. We were told that we had to apply for an extension of the K-3 visa. We did that with an I-539 application. We got the Approval Notice (on a form 1797A) extending the K-3 visa for another year. The Approval Notice came with an I-94 attached to it. I called up before we left just to make sure; we were told just show the original (expired) K-3 Visa with the original approval notice showing the expiration date has been extended and you will have no problem coming back. So, we went on to travel; turned in the I-94 here (in the U.S.) when we left. Now, today, my wife was yanked off the plane and told that her documentation is incorrect. She is stuck in a foreign country. Different departments are giving her different answers. Nobody knows. One of them said, take the passport with the visa and the original approval and go to the embassy to get that mysterious stamp. She went there but the embassy said they never heard of it. They recommended getting a "transporation letter" from the Department of State, but they responded no. Help! Anybody still out there?

[Valentina]

Hi,

that is terrible! I did travel abroad while my K3 visa was still valid and I had no problem in coming back to the States.
And thinking that K3 status extention equals to a K3 visa is an easy mistake to do....I barely realized that.....but I was told by an overseas immigration specialist, that there is something the ambassy can do, but only in case of an emergency.....and I think that would be your case......try to go on the internet site of consulates or ambassies of USA in your country and see if you find an OVERSEAS IMMIGRATION SPECIALIST......I don't know what country you're from, I could trace back the number of the one in Italy, but I don't know about other coutries.
Anyway as far as myself, my reques for AP was accepted, I received a receipt notice and I informed them I accidentally extened K3 status allthough I was not required to.....the AP has not been approved yet, we'll see.......anyway keep us posted...

[TheMusk]

Thanks for writing. Yes, I finally got my wife back, but it was not easy. We had to get special permission from Customs Border Protection Services here locally at the point of entry; they had to call abroad to give permission to the airline to allow her to board; then, when she got here, she had to go through about 3 hours of waiting and interviews. You are right when you say that extension of K-3 status is not the same as extension of a K-3 visa, but we just learned that the hard way; ironically, no one knows how and whether a K-3 visa can be renewed; and, even if it can be renewed, it can only be done while one is abroad, which means you would have to leave the U.S. first and take the risk of delays and getting stuck abroad while the paperwork is processed. Leaving here without something in hand is scary. We looked into the AP option now that she is back in case she needs to travel again but would hate to lose the time and money being told that AP does not apply to a person in K-3 status. Keep me posted if they grant you AP; also, let me know please if that is for just one entry and exit or is for multiple trips?

[Ameksy]

hey Valentina & TheMusk

Can you please let me know approximately how long did it take for you to get the K3 visa? My husband and I are thinking of going that route, thinking that it would b the quickest way to get him here.

[Valentina]

Congratulations!
I am so glad your wife is finally back with you, it is so unfair you had to go through all that! I will definitely let you know if they will grant me AP, but I can already tell you that I know that would be enough for two trips (two entries and exits). I have something pending with my Green Card application right now ( they sent me a notice that I never received allthought I've been asking them to resend that to me for 5 months now..had to contact our congressman)so untill I don't know what's really going on with my I-485 application even if they grant me AP, I am afraid to leave the country and won't be allowed back in.

For Amesky: my husband filed for K3 in December 2002 and I received the package and call from the Consolate in March 2003, by the time I prepared all they needed and could make an appointment it was July 2003 and arrived to the States in August....so the processing took only 3 months....if you have everything you need ready the actual issuing of the visa took only half a day at the embassy......GOOD LUCK!

[Valentina]

FYI
I was granted Advance Parole document.
It's two documents valid for one year, they will allow two trips (two entries).
So if your K3 visa expires, don't proceed with an extention of k3 status, if you need to go abroad you qualify for Advance Parole, as far as you have an Adjustment of Status application pending. Take care!