K3 Query

[Reba]

agnelson, you're wrong. Sorry dude.

A K3 Does Not Ever need an advance parole document, it is a Multiple Entry Visa valid for 2 years, regardless of application for adjustment of status. The application for adjustment does not invalidate the K3. Not in the least. K3 can come and go as they please for the 2 year duration of the visa.

Been there, done that.

And even while you're waiting in Canada for the petition to be approved, you can still visit the US as long as you can prove ties to home country. Job, home, etc...

Seriously, Visa Journey got me thru my K3 process and adjustment of status, I have no idea why you wouldn't be able to find the information you're looking for. What agnelson and your lawyer have told you is wrong.

[agnelson]

Thanks for the spanking, Reba. Did not know K3 was still viable after AOS filing.

Still think crossing while married to US citizen living in US (without valid K3, AP, H/L status or GC) is a big gamble. Too many tales. You may have simply been lucky, or very persuasive.

[Reba]

There are plenty of tales at VJ about successful visits while I-130 is processing. And there are lots of scary stories too. It all depends on ties to home country. Mostly if the person does not have a job, or they're travelling with all their worldly posessions plus their cat!

[agnelson]

[vancouverwriter]

Well, I spent two hundred dollars with an immigration lawyer on Friday and it was worth it. Yes, I can travel back and forth while waiting for the processing of the K3 Visa AND yes I can continue to travel back and forth across the border after I move to Birch Bay while my AOS is pending. I can even continue to work with my Canadian clients after I move to the states and before my EAD comes through! And it is entirely legal according to the Canadian-American tax treaty.

[Reba]

You can work in Canada, but you can't work in the US until you get your EAD. The tax treaty and immigration laws are entirely different.