k3 visa help

[chen]

hi, all of my friend:
i am a k3 visa holder, i already file the form I-130 to the USCIS, now i am waiting for green card. but i plan to travel outside of the united states next month. so should i have to apply advance parole or other kind of document before i leaveing the US.? will i getting trouble when i re-entry the U.S without the advance parole?

[PraetorianXI]

You CAN NOT re-enter the USA WITHOUT Advance Parole. So, yes, you better apply for it now (you should have applied when you filed your I-485) and do not expect to travel next month... the AP will take 60-90 days to be sent to you.

[polooo]

a question fo ya

how long takes u to get this k3 visa & which country ur from?
thanks

[chen]

chen

four months, thanks

[chen]

confused

but i saw on this website, it say AP is not require for re-enter the US.

[PraetorianXI]

but i saw on this website, it say AP is not require for re-enter the US.

For anyone who has filed for Adjustment of Status (I-485), needs to have an APPROVED AP document before leaving the USA, otherwise his petition will be considered abandoned. The only exceptions are H1 and L1 visa holders.

If you only filed I-130, this gives you no legal status in the USA and you certainly can not re-enter with the K-3 visa.

[chen]

reply

i was not only submit the form I-130, also I-765 and i already took fingerprint last month, so the answer would be the same that i have to get the AP before i leaving. If yes, should I have to wait until the AP get approve. can I leave first, when I AP sent to my hosue i can ask my family member send to me?

[PraetorianXI]

NO. You MUST WAIT until the AP is approved.

[chen]

I94

when I submit the form I-130 i sent the form I-94 to them, but i hear sombody told to me that I have to return the I-94 before I leave the US. now i just have copy of my I-94, waht should I do?

[PraetorianXI]

You should have sent a copy of the I-94, not the original. But either way it is fine. Just do not leave before the I-131 is approved and sent to you... you DID file for I-485 right?