My wifes K-3 has been approved but I'm not ready to move us to the states just yet. Is she free to visit America and the return to Thailand even if she hasn't been issued a green card yet?

Thanks!

K-3 Visas are generally issued with a 2 year validity and they are multiple entry so no advance parole issues. She will eventually need to adjust status or process her Immigrant visa through the Consulate in Thailand.

Hope this helps,

Ben Hart

US Immigration Attorney

K-3 Visas are generally issued with a 2 year validity and they are multiple entry so no advance parole issues. She will eventually need to adjust status or process her Immigrant visa through the Consulate in Thailand.

Hope this helps,

Ben Hart

US Immigration Attorney

Thanks for the reply!

Does that mean that she can enter and exit for 2 years (or untill the visa expires) with out ever aplying for her green card?

That does mean that she can enter and exit for the validity of the K3 visa without applying for a Green Card.

A possible option to think about: submit an application for Adjustment of Status with a great deal of time left on the validity of the K-3. Leaving the US on a K3 while the adjustment is pending will not extinguish the adjustment as happens in the case of the K1 (keep in mind this is only true so long as the K3 visa itself is valid). Once the adjustment is ripe, she can return to the US, finalize the adjustment and pick up her Green Card on that end.

If you apply for adjustment right before the K3 expires, then she will only be able to leave the country and maintain status if she obtains advance parole after K3 expiry. I generally advise clients to adjust status as quickly as possible, but that advice can change depending upon circumstance.

Good Luck,

Ben Hart

Us Immigration Attorney

Integrity Legal

Thanks very Much! You are very helpful.