I-94 card and Visa expiration date

[DR]

Hello all,

It's been a long time.  You don't call.  You don't write.  Was it a one-night stand?  I thought we had something special?!

HA!  Right, enough comedy.  I have a question for the guys in the know.  My wife's I-94 says she's 'good' until 2006.  Her K-3 Visa however expired March 2004.  Am I correct in my understanding that my wife will require a travel document to exit and return to the US?

I hope one of you guys can clarify.  Thanks.

Oh, and for those that remember me, it's been 3 years and things are going splendidly.    Keep the faith.

Cheers,
DR

[Ray]

... in response to I-94 card and Visa expiration date, posted by DR on Nov 23, 2004

When did your wife arrive in the U.S.? Has her I-130 petition been approved yet? Did she apply for Adjustment of Status(AOS) with Form I-485?

Her K-3 visa should be good for 2 years and can be renewed if necessary for subsequent 2-year periods. Once her AOS is approved and she has her green card, then the visa is no longer valid and she doesn’t need a visa.

If her K-3 visa has expired and she is still waiting for her AOS to be processed, then she can request an extension of her visa with Form I-539. With a valid K-3 visa, there is no need for a travel document to travel overseas if she stays out of the country for less than a year. If she has been here for over 2 years and has not yet applied for AOS, then you ‘may’ have a serious problem.

Ray

[DR]

... in response to Re: I-94 card and Visa expiration date, posted by Ray on Nov 23, 2004

I-539.  Thanks.  This is exactly what I needed.  I checked with the official site re: I-539 and everything is clear now.  The grey area was that we applied for AOS which, according to the 'official sources', meant my wife was still 'in status'.  But, these same sources didn't mention anything about the I-539.  Thanks again.