Is this True...

[Bernie31]

That the once the AOS is filed, per US Immigration Law, if my wife were to depart the country (on that cruise I posted about earlier), once an AOS is pending, she abandons her application for AOS? A friend, who has some law background (not in immigration) pointed this out to us.

Any truth to this? We have been told to cancel any such trips till approval to LPR.

If this is true, what good is a K3 with Multiple Entry capability?

[Bernie31]

But my wife is on a K3 Multiple Entry and the DOS page says

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

"Spouses or children present in the U.S. in a K-3 or K-4 nonimmigrant visa status can travel outside of the U.S. 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."

and additionally from USCIS

Advance Parole for K-3 or K-4 Family Members

"The only time advance parole is necessary is if the K-3 or K-4 nonimmigrant status has expired and the applicant has an adjustment of status application that remains pending."

My wife has almost 20 months left on her K3 ME visa.

It is not adding up.

[Bernie31]

Additionally, digging around, here's what I found as well

8 CFR 245.2(a)(4)(ii)(C) . . . The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status.

emphasis added by me.

[nichole]

You answered your own question Bernie. Good research!

[Bernie31]

Thanks Nichole! I had no choice but dig. Too much invested and too much incorrect stuff flying around esp from so called pros.

[Bernie31]

An Update

An Update -

My wife (with K3 multiple entry visa), with AOS filed, and I embarked on a cruise recently. From the rest of the earlier posts, one can surmise that I was a bit worried and frankly got bogus advice - In that we were told not to leave the US or suffer abandonment of the AOS.

My bigger concern was I-94 and rentry issues. Suffice it to say that my fears were unfounded. We got back yesterday and at Port Everglades, FL, the CBP guy did not even open our passports. Our embarkation and disembarkation at Haitii and at Mexico (twice) was smooth and uneventful. Only once were we asked for a photo ID. Our Concierge told us not to take our passports off shore (lest someone steal it). When so asked to produce a photo ID, I simply told the guard that it was on board and we were waived through.

My wife's I-94 was never touched so she still has her original one in her passport untouched by anyone anywhere.

Phew that was quite a relief.

[nichole]

Yes, the person who told you was probably thinking K1. They can not leave until they get a green card or at least advance parole.