What happens if her K3 visa expires?
A. From the Federal Register: 37. According to the INS rule, the alien spouse of a U.S. citizen and a child of that spouse who are already in the United States may have the U.S. citizen file an I-130 petition on their behalf with INS; the alien spouse and his/her child may then file with INS for an adjustment of status to LPR. While either of these are pending, the alien spouse and his/her child may remain in the United States without accruing unlawful presence, and they may also obtain work authorization and permission to travel outside the U.S., and they may continue to do so without K3/K4 status or visa. A. From INS memo: “Aliens with properly filed applications for adjustment of status under both sections 245(a) and 245(i) of the Act will be considered aliens present in the United States under a period of stay authorized by the Attorney General.” A. The K3/K4 status does not change *because* an AOS application has been filed. The K3/K4 status expires on its own, generally after two
