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Help! After arriving in US with K-3

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  • Help! After arriving in US with K-3

    Hello, I am US Citizen and have obtained approved K-3 and K-4 visas for wife and step-daughter and intend trip to America March, 2009.

    Need to know if wife and step-daughter can return to their native country periodically (step-daughter for school there) while we go through process of change of status and application for green card.

    Have been told by acquaintance that once they arrive in USA, cannot leave until green card issued. Can this be true??

    Anyone with accurate knowledge, please reply as I don't know where to turn for correct answers.

    Thanks
    mario299

  • #2
    As soon as they enter and you file for their AOS, you can also file for a document called advance parole (form i-131).

    Once this document is APPROVED, they can use it to leave and re-enter the USA while their AOS is pending...

    It usually takes 90 days for this document to be approved.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      re-entry on k-3/k-4

      Can I travel and re-enter the U.S. on my K-3 or K-4 visa?

      Aliens present in the United States in a K-3 or K-4 nonimmigrant visa status can travel outside of the United States and return using their K-3/K-4 visa. If they have filed for adjustment of status in the U.S. prior to departure from the U.S., USCIS will not presume that the departure constitutes abandonment of an adjustment application.

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      • #4
        K3/K4 don't have to Advance Parole. Their visa is valid for more than 90 days and isn't a one-time use visa. Only K1/K2 are restricted to remaining in the US.

        Yes a K3/K4 can visit home country and return as long as the date on the visa and I-94 card aren't expired.

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