Visa expires, how long until one must leave?

[WeRSauron]

If a person’s visa (K-3 visa for spouse) expires, how long before he or she must leave the country if his or her spouse, who filed for the visa, is a US citizen?

Thanks.

[Eva_Luna]

@WeRSauron

If a person’s visa (K-3 visa for spouse) expires, how long before he or she must leave the country if his or her spouse, who filed for the visa, is a US citizen?

Thanks.

Are you talking about the visa, or the I-94 card? The I-94 card governs the validity of the person’s status while remaining in the U.S., not the visa. People commonly assume that the visa controls how long a person can remain in the U.S., but the visa is just what allows the person to enter the U.S.

Just out of curiosity, why is the K-3 expiring, presumably with nothing to back it up? Is there an I-485 on file for this person? Was there some sort of delay?

Eva Luna, Immigration Paralegal (FTR, I don’t do much family-based work, so I might have to check this out with someone else.)

[Elenfair]

Ultimate site for these questions:

K Visa FAQ - K1 Fiance Visa, K3 Spousal Visa and other Marriage Based...

In answer to your questions, the K3 visa was an attempt to reunite spouses and families faster than through the I-485 processing (which can take two years or so). If your K3 is expiring, but your AOS papers have been filed, you are fine. The K3 holder is STILL IN LEGAL STATUS, PENDING ADJUSTMENT (AOS).

F. The K3 spouse and K4 children file the I-485 for Adjustment of Status, either immediately or when the I-130 petition is approved. The new K visa will be issued for an effective period of 2 years, with multiple entries permitted, and provision to extend the visa beyond 2 years. The State Department has indicated that in K3/K4 cases, that the USCIS (INS) will retain the approved I-130 petition. This means if he K3/K4 visa holder wishes to obtain an immigrant visa at a Consulate, they need to notify that Consulate to begin the process, after which the Consulate will request the approved I-130 petition from the USCIS (INS). The USCIS (INS) seems to expect that most K3/K4 folks will apply for AOS from inside the United States, but due to long processing times at some local offices, it is very possible some folks will wish to opt for Consular processing after they arrive in the United States.

I hate immigration, I truly do. I’ve learned a LOT though Happy to answer any questions.