... in response to AOS Question and Re-entry, posted by Jun Encarnado74 on Feb 3, 2003Hi Jhunnie,
Congratulations on your little one!
The K-3 visa is good for 2 years and she can travel in and out of the country on her visa with no permits.
The AOS processing times vary depending on your local office, but expect a year or more to process. The processing time isn’t really that important anyway. What is the status of your I-130 petition? You still have the option for your wife to return to Manila and pick up her immigrant visa and re-enter as a permanent resident. It might save you a lot of hassles and money if she is going back for a visit anyway. The other option is to apply for AOS here.
When the 2 years runs out on her K-3 visa, she can renew it for another 2 years, but if she hasn’t filed for AOS or is not actively pursuing the IR-1 visa in Manila, then they may not renew her visa and may ask her to leave. If you decide to apply for AOS, then I suggest that you do it real soon. If you think you want her to get her IV in Manila, you should check the status of the I-130 and contact the consulate in Manila to let them know your intentions.
Ray