can someone ask a question for me?

[Dorothea]

If Laurel has a chat this week can someone ask a question for me???

My husband was given a three-year bar for drug use. It's been about... 6 months now. He got a paper stating he should take 10 drug tests in the 3 years and some sort of drug rehab program.
What I want to know is how often should my husband be getting drug tested? He has not gone once yet, tho I pester him about it A LOT! He is being hard headed, but it is because he works all the time and feels that he can't take a day off for this. I think he's being stupid, but what can I do from 3000 miles away? If I give him a direct quote from a lawyer regarding him specifically, maybe he will listen...

Should he be going every month? Every three? Is 10 times enough, or would more be better?

[Laura]

I can ask. I'll start collecting questions again.

[Adriane]

OOh! Here's a question, if you could ask it for me:

My husband and I are currently living in CDJ. He will be issued a K-3 visa. Once his visa is granted, we file for EAD. Is there any reason we can't remain in CDJ until the EAD is granted? Is it safe for him to occassionally cross into the US during this time?

And one more:

As a K-3 visa holder, after applying for AOS, do we need to request Advanced Parole before travelling outside of the US?

Thanks, Laura! You're the best!:thumbup:

[princesa]

Laura, I just wanted to say a great big thank you for remaining on this site and helping all of us who are still in the process of waiting!!! I pray that for everything you do and for giving so selflessly of your time that God will richly bless you and your family.

Thank you

[Dorothea]

Laura, thank you so much!!!

[angela256z]

And one more:

As a K-3 visa holder, after applying for AOS, do we need to request Advanced Parole before travelling outside of the US?



I called INS on this one already. If your AOS I-485 is still pending your spouse can not travel until the I-485 is approved unless you file an I-131. The I-131 can be filed at the same time as the I-765 (EAD) and have about a 3 month wait at this time.

[Laura]

Laura, I just wanted to say a great big thank you for remaining on this site and helping all of us who are still in the process of waiting!!! I pray that for everything you do and for giving so selflessly of your time that God will richly bless you and your family.

Thank you

Thanks so much! I love this site - if my job changed, I wouldn't be able to maintain this level of activity, but for now... :wave:

Adriane - got them.

[Pooh79]

OOh! Here's a question, if you could ask it for me:

My husband and I are currently living in CDJ. He will be issued a K-3 visa. Once his visa is granted, we file for EAD. Is there any reason we can't remain in CDJ until the EAD is granted? Is it safe for him to occassionally cross into the US during this time?

And one more:

As a K-3 visa holder, after applying for AOS, do we need to request Advanced Parole before travelling outside of the US?

Thanks, Laura! You're the best!:thumbup:

Adriane I knew the answer to one of your questions so thought I would share it with you. K-3 visa holders do not need AP. The visa is a multiple entry visa so he can travel with it up until the visa expires which is 2 years.

PS Laurel has advised me before to not cross the border much with the K-3. Sometimes they make a huge deal about it at the border. My hubby went to Mexico in June and had no problem with it but others have had nightmares especially when flying.

[Laura]

So, Adriane - do you still want me to ask either of those?

[Adriane]

Adriane I knew the answer to one of your questions so thought I would share it with you. K-3 visa holders do not need AP. The visa is a multiple entry visa so he can travel with it up until the visa expires which is 2 years.

I called INS on this one already. If your AOS I-485 is still pending your spouse can not travel until the I-485 is approved unless you file an I-131. The I-131 can be filed at the same time as the I-765 (EAD) and have about a 3 month wait at this time.

These two answers seem totally contradictory, unless I either don't undertand or am not making myself understood properly.....:erm:

Why, oh why must they make this process so difficult? Thank goodness for the forum, or we'd be up a creek for sure.....

[Laura]

I'm a little confused too... I thought Angela was answering your second question and Pooh your first.. but it does seem to contradict. You want to know if you can stay in CDJ and cross the border, but then once you move to the U.S., you want to know if you can leave the U.S. before you receive LPR status... I'll ask Laurel.

[Adriane]

I'm a little confused too... I thought Angela was answering your second question and Pooh your first.. but it does seem to contradict. You want to know if you can stay in CDJ and cross the border, but then once you move to the U.S., you want to know if you can leave the U.S. before you receive LPR status... I'll ask Laurel.

Right, can I stay in CDJ for a few months (like 3) after I file EAD but before I file for AOS and cross occassionally with the K-3, and then after I file AOS, do I need AP to leave the US before the greencard is issued?

Thanks for asking Laura! And thanks, Pooh & Angela, too!

[angela256z]

Well I don't know what to say. I called because I had read that it was a multi-entry visa too. When I called I asked the lady since this is a Multi-entry visa that we can travel back to Mexico for a month while the I-485 is pending and she said no. If you have a K3 visa and you are adjusting your status you can not travel unless you have an approved I-131. Maybe you can travel in and out as long as your I-485 is NOT pending, but once you send it in you have to have the approved i-131 to travel.

[angela256z]

Laura Maybe it should be asked tomorrow. I asked because my husband wants to spend a month with his mom and I know under the IR/CR visa we can, but I wanted to make sure with the K3.

[Adriane]

Well I don't know what to say. I called because I had read that it was a multi-entry visa too. When I called I asked the lady since this is a Multi-entry visa that we can travel back to Mexico for a month while the I-485 is pending and she said no. If you have a K3 visa and you are adjusting your status you can not travel unless you have an approved I-131. Maybe you can travel in and out as long as your I-485 is NOT pending, but once you send it in you have to have the approved i-131 to travel.

Angela, you and I (and maybe Pooh, too) are in the same big pot of confusion! There is no reason for this to be so damned complicated!

[MendozaQH]

I would definitley ask Laurel, but I think this is the issue....Angela inquired about while an AOS was pending and Pooh inquired about the K-3 visa in general (or did not mention a pending AOS), so they are both right. K-3 is a multiple entry and up until you file AOS, you do not need AP. But once you file it, you need AP while it is pending. A co-worker of mine from Brazil is in the same boat. She has an H-1 visa for work (multy-entry). She is married to an American and has file for AOS and had to file the AP because of her cousin's wedding in November, even though the H-1 is not expired.

The only issue you run in to with waiting the 3 months is the validity of you waiver. Laurel has touched on this in the past. Probably it depends on who the POE agent is and how much of a PITA he/she wants to be!

[Adriane]

The only issue you run in to with waiting the 3 months is the validity of you waiver. Laurel has touched on this in the past. Probably it depends on who the POE agent is and how much of a PITA he/she wants to be!

Well, we'll enter the first time and get the actual visa in his passort the same day it's issued. Then we'll have to go back to CDJ, wait a few weeks and then move permanently.

Or maybe not, I don't know. A lot will depend on when we get approved....

[MendozaQH]

Well, we'll enter the first time and get the actual visa in his passort the same day it's issued. Then we'll have to go back to CDJ, wait a few weeks and then move permanently.

Or maybe not, I don't know. A lot will depend on when we get approved....

Doesn't this suck! You will have the visa in hand and immigration will still have a hold of your life!