Filing for AOS after having been admitted on K3 but already outside of US.

[Beltheriand]

Hello, thank you for checking this out in case that some good advice can be offered.

I have been married to a USC for quite many years. We applied for a K3 which was approved and I have since traveled to the US twice in the last few months to visit my family and prepare my move back to the US (I am currently working in Europe and my demanding job would not allow more time than that).

My second visit took place early December. I have now all the paperwork + medical examinations, etc, ready for sending. However, I have a question about the requirements for a valid I-94.

Since I had to leave again the US for work-purposes the I-94 card had to be returned. I made photocopies of it, front and back, before leaving. AOS application requires proof of having been admitted legally in the US--which the I-94 proves. Also, K3 visas are multiple-entry visas that allow to travel in and out of the US without having to apply for advanced parole. So, my question now is: Can I send the documents for AOS procedures to start even though I am outside the US? Would the I-94 I got in December be valid for AOS purposes?

My guess is that it shouldn't be a problem--but I cannot be too sure. I'd really appreciate clarification/confirmation from someone knowledgeable of this. Thank you very much for your time and attention in reading this.

Best wishes

 

[fromnaija]

No, you cannot file AOS while out of the US. You have to be there to submit the forms. Although after filing you may travel out as long as you have a valid visa or advance parole document but even then you have to make sure you are in the US for finger-printing, interview and other interactions with USCIS.

 

[Beltheriand]

Thank you for your info, fromnaija. I appreciate it.

Let me look for a bit more clarification here. Does that mean that I would need to be in the US to send the documents while in possession of a new I-94, then wait until they are received and we notified of it before being able to leave the US again?

It is quite inconvenient, since the I-94 that I submit with the papers would get handed to airport staff upon leaving and thus would again be invalid. I thought that the requirement of valid entry in the US (the I-94) is in place to demonstrate to USCIS that one did not enter the country illegally--that is, that one's visa was in order and accepted by US customs' officers.

Now, the only explanation I can think for USCIS to require one to be in the US until they receive the application for AOS is that they make sure one is indeed legally in the country at the time of starting the AOS procedure whereas if one leaves before that (even if little time passes in between) then they cannot legally ascertain that one would be able to re-enter the US legally. Is this the scenario in which I find myself, then?

I know we are getting a bit into shady areas here but any further help would be most welcome--while spending time in the US with my family is a godsend, I cannot easily forego several months of working until I am notified of AOS application having been received.

Again, thank you very much for your help and attention in this matter.

Regards.

 

[TheRealCanadian]

Does that mean that I would need to be in the US to send the documents while in possession of a new I-94, then wait until they are received and we notified of it before being able to leave the US again?

Yes. I'm not sure if possession of the K-3 obviates the need for Advance Parole; you may need to wait until your AP is approved before you leave.

It is quite inconvenient, since the I-94 that I submit with the papers would get handed to airport staff upon leaving and thus would again be invalid.

Doesn't matter. You need to be physically present in the US and legally inspected when you file the I-485.

I know we are getting a bit into shady areas here but any further help would be most welcome--while spending time in the US with my family is a godsend, I cannot easily forego several months of working until I am notified of AOS application having been received.

Then do consular processing.