K-3 Extended, but now having problems.

A

ahmedus

New Member
My brother-in-law is a Pakistani national. My sister is a US citizen. She applied for his I-130 in 2002 and then applied for his K-3 using the I-129F. The K3 was approved and he arrived in the US in April of 2003. His I-130 is still pending due to background checks. He wanted to go and visit home so they applied for an extension of the K-3 using the I-539 form in December of 2004. The application was approved and his K-3 was renewed for 2 additional years. He didn't receive a new visa though, he was given a letter of approval and a new I-94. When he left to visit Pakistan last month in August, his I-94 was taken when he was leaving, which I believe is normal. While in Pakistan, he contacted the US embassy in Islamabad and asked if they would issue him a new visa showing the date of extension. They told them that they do not re-issue the visa and that the letter of extension was good enough. After a 30 day stay, he with his wife and child proceeded to return to the US via Emirates airlines. He had no problem leaving Pakistan. His flight stopped in Dubai, U.A.E. He proceeded to change his flight at the aairport which was to land at JFK Airport in NY. Airport security in Dubai told them that his visa is no longer valid and that he would need to rertun to Pakistan. He showed them the letter of extension that the USCIS sent him and they said that was not good enough and that he would need to return to the US Embassy and have his passport stamped that the visa was extended. He returned to Islamabad, Pakistan and the US embassy there said that tey do not stamp the passport for extensions. From my knowledge, I believe his passport gets stamped at the Port of Entry when you enter the US and the length of allowed stay is shown there. Now the embassy says they can't stamp his passport and airport will not let him board the flight destined for the US. Anyone have any idea what he should do and what the procedure of the K-3 extension is?
 
Same problem for me

I am experiencing the exact same problem following my visit to China. I am stuck in Shanghai with my daughters (they are US citizens) and no hope in sight.

I'll appreciate any advice.

ahmedus said:
My brother-in-law is a Pakistani national. My sister is a US citizen. She applied for his I-130 in 2002 and then applied for his K-3 using the I-129F. The K3 was approved and he arrived in the US in April of 2003. His I-130 is still pending due to background checks. He wanted to go and visit home so they applied for an extension of the K-3 using the I-539 form in December of 2004. The application was approved and his K-3 was renewed for 2 additional years. He didn't receive a new visa though, he was given a letter of approval and a new I-94. When he left to visit Pakistan last month in August, his I-94 was taken when he was leaving, which I believe is normal. While in Pakistan, he contacted the US embassy in Islamabad and asked if they would issue him a new visa showing the date of extension. They told them that they do not re-issue the visa and that the letter of extension was good enough. After a 30 day stay, he with his wife and child proceeded to return to the US via Emirates airlines. He had no problem leaving Pakistan. His flight stopped in Dubai, U.A.E. He proceeded to change his flight at the aairport which was to land at JFK Airport in NY. Airport security in Dubai told them that his visa is no longer valid and that he would need to rertun to Pakistan. He showed them the letter of extension that the USCIS sent him and they said that was not good enough and that he would need to return to the US Embassy and have his passport stamped that the visa was extended. He returned to Islamabad, Pakistan and the US embassy there said that tey do not stamp the passport for extensions. From my knowledge, I believe his passport gets stamped at the Port of Entry when you enter the US and the length of allowed stay is shown there. Now the embassy says they can't stamp his passport and airport will not let him board the flight destined for the US. Anyone have any idea what he should do and what the procedure of the K-3 extension is?
Click to expand...
 
ChinaYu said:
I am experiencing the exact same problem following my visit to China. I am stuck in Shanghai with my daughters (they are US citizens) and no hope in sight.

I'll appreciate any advice.
Click to expand...
If it is the same scenario as the first post, what has happened is that you applied for and had approved, an extension of the K-3 status. This does not extend the visa. The K-3 visa is only valid for travel as a multi-entry visa for the duration of the visa which is generally 2 years. In order to travel, you should of applied for Advance Parole, when the K-3 visa was outside of this period. You do not have a valid visa, and nor will the extension of status suffice in allowing entry back into the US.

There is no way back into the US that I am aware of short of an Immigrant Visa. Try across at Family Immigration Forums to see if they have any further experiences or knowledge of this.

People really do need lawyers sometimes.. the fine print is a b!tch
 
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Thanks for your input

Thanks Ozziewench. I'm now a member and will post there as well.

I'm at least 5 months away from the Green Card. I have to go to Montreal for the interview.

It's interesting, there is absolutely no mention of needing the Advance Parole for the extended K-3 anywhere on the USCIS website or anywhere else on the Internet except these forums.

Where it happened, I called USCIS and they told me that the visa was extended too. I guess they don't know their own rule.

Maybe it's not the fine print. In this case, there doesn't see to be any print.
 
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