K3 status extention and travel

[Suze]

Hi,

The situations in this thread are very similar to mine, so I hope someone can advise me.

My husband is a US citizen and I have a K3 which has recently expired. I have just recently completed the application for my permanent visa but have no idea how long it will take, so I applied for an extension of the K3 before it expired and an extension of my work visa which also expired.

Now I've been called into my local USCIS for biometrics for my replacement I765 and am terrified in case I could be arrested and deported, as this happened to someone else in my situation. Should I abandon my I765 or am I just being paranoid?

Also, is it really just too risky to leave the country in my situation, even with an AP? I have 2 important wedding trips this summer and wonder whether to just cancel them.... It's so stressful being in limbo like this as I have twin babies to think about!

[Valentina]

Suze,
I don't understand why are you so terrified and think they would deport you. Going into a local office to have biometrics taken is a perfectly regular procedure, I have done it many times, they need your biometrics to give you the new EAD (Employment Authorization Document) and you will have to do this everytime you renew it. You will also have to do it for your I-485 ( Application for permanent residence) They will let you know when. As it happened to me, you didn't really have to renew your K3 status, since you have applied for permanent residence, all you need to do to go out of the country and come back,is obtain Advance Parole, as far as you have a pending Application for Adjustment of Status(I-485)there should be no problem in coming back. Of course before leaving the country I'd make sure I have all important documents with me.

[Valentina]

For Suze,

extention of K3 staus is not the same thing as an extention of K3 visa, be carefull not to confuse the two things. Once your K3 visa expires, you are just like everybody else waiting for Adjustment of Status and you do need Advance Parole to leave the country and come back. If you don't obtain one, don't think they will let you back into the country just with you K3 staus extention. I wanted to make extra sure you were aware of it, because it's very easy to mistake K3 status and K3 visa as of them being the same thing.

[Suze]

Thanks for your reply, Valentina.

I am worried about having any direct contact with immigration while I have no valid papers, the reason being that I recently spoke with someone whose husband has been in prison for months trying to avoid deportation as he was asked in for an interview while he was in K3 status and was arrested. However, I may not have all the correct information.

I'm also wondering if I actually need to spend money again for the Advance Parole as my DS230 is coming up as case completed on the NVC phone system and I'm told I should hear from them within 2 weeks, so if it's that close do I really need the AP? You're going to tell me it's not worth risking it, right?

By the way, I'm presuming the DS230 is the final step before receiving notification of my final visa interview and medical. Is that right? If not, maybe I do still have longer to wait than I think.

[Valentina]

Suze,

I am not sure our situations are exactly the same....see, you said that your DS230 is completed...see I never applied for DS230, I just applied overseas for a K3 (DS156), and I entered the States with it, then ,once in the States, I applied for adjustment of status into permanent residence (I-485). So it's kind of confusing for me, you are already in the States right? And you came as a K3, but you have a DS230 , which is an applicatin for an immigrant visa, pending or almost completed.
I don't want to give you the wrong information, but I assume that since your DS230 is completed, you should just wait for it, withough applying for AP, I assume a DS230 will give you a green card , right?
What's a little confusing for me is how you could apply and obtain a K3 visa and at the same time applied for an immigrant visa through consular processing, it seemed to me that the choice was between applying for a non -immigrant visa (k3) and come to the States to then apply for permanetn residence, or wait overseas and apply for DS230 and come to the States with an Immigrant visa already in your hands.......but I don't want to confuse you, maybe I just was unaware of this possibilities.
Anyway as far as going to your appointment, I am sure the person who was arrested, must have had some very serious issues , you are in valid K3 status, then you have application for permanent visa pending, so I can't really see anything illegal in your situation, and I wouldn't worry about it.

[Suze]

Hi Valentina
I'm not sure why I've completed both DS 230 and I-485. I've just been filling out what's been sent to me from my original application. I entered on a K3 from Canada but I'm applying for an immigrant visa as well. I think what you're saying is right. But I believe I was advised by a lawyer that I could do both and one would inevitably be faster than the other, but to be honest I'm so confused now I don't remember.

Anyway, I'm not going to worry about my interview this week - I'll just take all my papers with me just in case.

But I'm still worried about going to Canada as it's in the middle of May and I've just been reading that the Advance Parole can take months or a year to obtain and that I may or may not even need one if I can prove I'm not abandoning my residency. I'll phone USCIS and find out what they have to say.

Thanks for your help!

[Valentina]

Suze,

Advance Parole took only a little less than a month for me, it was rather fast. So you should go for it. I really think you shouldn't leave the States without it, I think you would qualify for it, because you have an application for permanent residence pending, you'll send in a copy of the relative receipt notice along with your advance parole application, and that's all that matters. Good luck to you!

[Suze]

Hi there,
I went through all my files last night and realized that what I did was I130 then I129. I was told I130 had to be filed for immigrant visa before I could apply for I129 fiance visa (K3). So I did this before leaving Canada and entering on K3. I have followed through with the I130 immigrant visa which I believe is now complete (DS230 is final part of it) and I'm just waiting to get my interview and medical. How long that will take I have no idea.

However, I did not realize I could follow up the K3 by adjusting status to permanent resident I485. I could have done this in addition to the immigrant visa but didn't realize I could do it INSTEAD. In fact I have not done this. The only status adjustment I'm doing is to extend my K3 (I539).

Anyway, I went for my replacement EAD I765 interview today and as you said it was no problem, just photo and fingerprints.

Now I just have to figure out how to get to this wedding in May. If I apply for an advance parole and it hasn't arrived by my departure date, can I still travel??

Can I travel as a tourist on my Canadian passport since my K3 is in my UK passport? I know that's wrong but I'm desperate!

[Valentina]

Hi!
Well, how long the Immigrant Visa will take, it kind of depends on where you are, what service center is processing your case. I am in Orlando, allthough my case is at the National Benefit Center, and it's taking me forever!
Anyway, how far in May is this wedding? Regardless of that, I would apply for Advance Parole now anyway, because it will be valid for one year and will allow you two trips, so you don't have to worry about how to go home anymore.At least for one year. - But when you apply for it, send the application along with a letter, explaining you applied for K3 status extention by mistake, because you didn't realize you were not required to extend this status, since you have a I-130 pending and then attach a copy of you proof that the application for permanent visa is pending -( That's what I did, because literally if you are in K3 staus AP doesn't apply to you)
As far as using your other passport.....to be honest with you, I really don't know.....do you have different names on these two passports?
It does seem pretty risky, if you had the certainty they'll grant you advance parole (which I am sure they will), you could leave the coutry even before you get it, and maybe your husband could reach you later and bring the document to you ...so you can come back using your regular UK passport. But then again they tell you not to leave the country without first obtaining Advance Parole and they could find out you left, because I believe you'd have to submit your I-94 when leaving the US. Plus...I think they take fingerprints of people coming in now....and I don't know how their electronic system works, but what if allthough you use the other passport, they just identify you by your fingerprints? I am sorry to put all these worries in your head, it could go smoothly and it couldn not, I heard so many stories about this, and sometimes it really depends on whom you run into at the border.
The thing is if you leave without Advance Parole, and your I-130 has not been ultimated yet they think you have abandoned your case, and then you will have to start everything from the beginning and you may be stuck out of the country. If I were you I would play it safe. But it's your choice.
See , I obtained Advance Parole, but I'm afraid to use it, because there have been some delays and misunderstandings with my I-485 and I'm not
taking the chance to leave the country without making sure everything is ok....I know, it makes me mad, it's been two years since the last time I went home to see everybody....it's a sacrifice....but once we are set with these documents everything will be easier in the future....so I would apply for Advance Parole and cross my fingers you get it as fast as possible, it may work out out.......Good luck!

FYI:...." 37. According to the BCIS rule, the alien spouse of a U.S. citizen and a child of that spouse who are already in the United States may have the U.S. citizen file an I-130 petition on their behalf with BCIS; the alien spouse and his/her child may then file with BCIS for an adjustment of status to LPR. While either of these are pending, the alien spouse and his/her child may remain in the United States without accruing unlawful presence, and they may also obtain work authorization and permission to travel outside the U.S., and they may continue to do so without K3/K4 status or visas."