K-3 expiration

[lynn06]

Okay, my husband's waiver was approved on May 2, 2007 via pilot program. When he received his visa in his passport it is good until May 2, 2009.
His I-94 on the other hand expires March 22,2008, which is the day his Mexican passport expires. We have not filed AOS yet, but are hoping to soon. What if everything isn't finished by the time his travel permit expires. Will he have to go back?
And from my understanding the EAD will also have the 2008 expiration, which we have applied for.
Did they put the correct date on his I-94?? Does it go by the passport??
Any input will be appreciated.

[mandy]

I hope someone comes along who knows the answer to this. Has he gotten his work authorization yet?

[lynn06]

No, not yet. We sent off for the EAD on May 8,2007. He did biometrics June 1. So, hopefully we'll be hearing something soon.

[USnoiva]

Basically, someone correct me if I'm wrong, I think if he just stays here and files the AOS ASAP he will be fine. File for Advance Parole also, so he can travel while waiting for the AOS. You may want to start thinking about renewing the passport at the consulate though.

[andy1]

hi ,you can extend your I-94 ,see uscis web site ,i think!! i cant remember how i did it but know that you can ,they should have stamped I-94 for the same peroid as his visa i think ,but no big problem ,just re adjust status . Andy.

[gabytalbert]

AP is not required for a K3 visa it is a multiple entry visa. If I were you I would file your AOS before July 30 if you havent already because the price goes way up after that. From what I have seen the AOS comes through before your K3 expires.

[aussiewench]

1. Status expires on the date on the I-194. A visa is only used to appear at a US port of entry and request admission. The I-194 documents the admission.

Laurel Scott explains it as:

The stamp on my I-94 has expired, but the visa in my passport is still valid, am I 'illegal'?
Yes, you are now out of status. The Department of State (DOS) issues visas from consular offices. This visa will give you the opportunity to apply for a visa from the Bureau of Citizenship and Immigration Services (BCIS) at the border or airport. The visa issued by the BCIS is what I call the 'true' visa and appears as a stamp on your I-94 card. If you remain in the US after that stamp expires, you are out of status even if your DOS visa does not expire for years.
Source (http://www.visacentral.net/faq.html)

2. Those in the US on a K3 visa do not need Advance Parole as the visa is a multi entry visa.

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.
Source (http://travel.state.gov/visa/immigrants/types/types_2993.html#travel)

From the Federal Register
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.
Source (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=04acd129da092ffb0369111f2ceb2 e40)

3. As the date appears to be wrong on the I-94 from what you are saying, I also wouldn't risk not going by that date, but someone may have direct experience in how to handle this.
You can apply for an extension of the K3 status if need be, by filing Form I-539, Application to Extend/Change Nonimmigrant Status, 120 days prior to the expiration of the authorized stay (the date on the I-94) and you must show good cause as to why you want the extension. Read below from the Code of Federal Regulations.

(10) Extension of stay for K-3/K-4 status . (i) General . A K-3/K-4 alien may apply for extension of stay, on Form I-539, Application to Extend/Change Nonimmigrant Status, 120 days prior to the expiration of his or her authorized stay. Extensions for K-4 status must be filed concurrently with the alien's parent's K-3 status extension application. In addition, the citizen parent of a K-4 alien filing for extension of K status should file Form I-130 on their behalf. Extension will be granted in 2-year intervals upon a showing of eligibility pursuant to section 101(a)(15)(K)(ii) or (iii) of the Act. Aliens wishing to extend their period of stay as a K-3 or K-4 alien pursuant to § 214.1(c)(2) must show that one of the following has been filed with the Service or the Department of State, as applicable, and is awaiting approval: (Paragraph (k)(10) added 8/14/01; 66 FR 42587 )

(A) The Form I-130, Petition for Alien Relative, filed by the K-3's U.S. citizen spouse who filed the Form I-129F;

(B) An application for an immigrant visa based on a Form I-130 described in § 214.2(K)(10)(i) ;

(C) A Form I-485, Application for Adjustment to that of Permanent Residence, based on a Form I-130 described in § 214.2(K)(10)(i) ;

(ii) "Good Cause" showing . Aliens may file for an extension of stay as a K-3/K-4 nonimmigrant after a Form I-130 filed on their behalf has been approved, without filing either an application for adjustment of status or an immigrant visa upon a showing of "good cause." A showing of "good cause" may include an illness, a job loss, or some other catastrophic event that has prevented the filing of an adjustment of status application by the K-3/K-4 alien. The event or events must have taken place since the alien entered the United State s as a K-3/K-4 nonimmigrant. The burden of establishing "good cause" rests solely with the applicant. Whether the applicant has shown "good cause" is a purely discretionary decision by the Service from which there is no appeal.
Source (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=97a844364433fc267eb3b26978f1c a3c)

[Pooh79]

Lynn our I-94 has same expiration as visa 4/2009. Not sure why they only gave you a year that's odd. However, he won't have to return. Once you file the AOS it should only be around 7/8 months max but if you think he will want to travel then I agree with others file for Advance Parole with your AOS. Those are usually approved a few months.