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Author Topic: Does K-3 Visa permit re-entry without also obtaining Advance Parole?  (Read 4097 times)

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Offline Journeyman

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Perhaps somebody might know the answer to this, having brought a wife to the US on a K-3 visa. 

Please confirm this: 

A wife who recently entered the US on a K-3 visa can expect to use the K-3 visa as a multiple entry visa prior to the 2-year AOS deadline WITHOUT also getting a I-131 Advance Parole document as the basis for re-entry.  True?

Any government web site reference or confirmation of this?  I've looked but haven't found anything on point.

Thanks.

Journeyman

Offline Ooooops

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Any government web site reference or confirmation of this?  I've looked but haven't found anything on point.

How about going straight to the Mother Ship?   ;)

Quote
My noncitizen spouse’s K-3 status is about to expire, and we are still waiting approval of adjustment of status. Is there anything we can do to keep the K-3 status?

Yes, the K-3 visa holder can apply for an extension of status by filing Form I-539, Application for Extension of Stay, with USCIS no more than 120 days prior to the expiration of the K-3 visa. By obtaining an extension of K-3 status, your spouse will be able to leave the United States and return without advance parole. Your spouse may also choose to apply for advance parole based on the pending application for adjustment of status. If your spouse wants to apply for advance parole, he or she will need to file Form I-131, Application for Travel Document.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e648dca113260210VgnVCM1000004718190aRCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD

Offline Journeyman

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Oooops,

Thank you for your reply.  I don't know how I missed it when visiting the mother ship earlier.  However, the FAQ and answer that was precisely on point was as follows:

FAQ:  Will my K-3 or K-4 family member need to apply for advance parole in order to leave and then re-enter the United States?

ANSWER:  Applicants presently in the United States in a K-3 or K-4 nonimmigrant classification may travel outside the United States and return using their nonimmigrant K-3 or K-4 visa. The only time advance parole is necessary is if the K-3 or K-4 status has expired and the applicant has applied for adjustment of status that remains pending.


That next issue is where your quote is exactly on point (mine was more basic).

But thanks again for bringing my attention back to the ultimate source.

Journeyman

Offline Ooooops

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No worries, glad that I could help    :)

 

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