Emergency Visa?!! HOW TO

[imatexsun 0]

Hello Everyone

I'm sure this question has been answered but I couldnt find it.

My Fiance has a K-1 Visa from China and has been with me now for about one month and we are not married yet.

My fiance said there is way , or a card or a visa or some way, you can

apply to be able for a person to return to their Country in the event of an emergency.

K-1 Visa's are only good to enter America one time. So what if she had to go back for an emergency?

Would she have to start the whole 8 month Fiance Visa Process all over again to get back??!!

Options?

thanx for any responses

[Pitaya 2,577]

Hello Everyone

I'm sure this question has been answered but I couldnt find it.

My Fiance has a K-1 Visa from China and has been with me now for about one month and we are not married yet.

My fiance said there is way , or a card or a visa or some way, you can

apply to be able for a person to return to their Country in the event of an emergency.

K-1 Visa's are only good to enter America one time. So what if she had to go back for an emergency?

Would she have to start the whole 8 month Fiance Visa Process all over again to get back??!!

Options?

thanx for any responses

Welcome to the forum.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

HTH

Edited September 13, 2012 by A&B

[Harpa Timsah 13,258]

Hello Everyone

I'm sure this question has been answered but I couldnt find it.

My Fiance has a K-1 Visa from China and has been with me now for about one month and we are not married yet.

My fiance said there is way , or a card or a visa or some way, you can

apply to be able for a person to return to their Country in the event of an emergency.

K-1 Visa's are only good to enter America one time. So what if she had to go back for an emergency?

Would she have to start the whole 8 month Fiance Visa Process all over again to get back??!!

Options?

thanx for any responses

When is she trying to go home? If you marry and apply for AOS, about 3 months after that you will have a temporary travel document in your hands that allows reentry before AOS is approved.

Does she need to leave now?

[Anh map 2,098]

It's a lot easier if you two are married and the adjustment of status paperwork has been filed.

It has been possible for some VJ members to have the K1 "reissued" at the embassy/consulate in extraordinary cases.

If there is no current emergency, and you are just looking for info, then get married and move along the AOS trail. With that filing you include the Advance Parole (allows US entry) and the EAD.

[imatexsun 0]

Welcome to the forum.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

HTH

Ok, thanx,

As Usual, Just as I say couldnt find any information I did find some links. And yes, the question was if she could today or tomm or as soon as possible as she has an ill mother.

Looks like the only way is to have your AOS filed first as you would not be granted an "AP" advanced parole , without having your completed AOS finished. Or at least filed for.

[Pitaya 2,577]

I agree with Harpa and Anh.

I provided the USCIS link as an FYI.

We are in the midst of our AOS process, and my wife's elderly mother has been having some CHF exacerbations. As a consequence, we have been researching our options and making contingency plans. We filed for our AP documents on 17 Aug 2012, have an NOA of 31 Aug 2012, and VJ estimated adjudication dates of between 22 Oct 2012 and 25 Oct 2012. We hope that USCIS's approval dates run close to the VJ estimates of a little under 3 months from initial filing. Her mother is currently stable, but it seems that she has one foot on a banana peel. Of course, we are hoping and praying for her continued good health. Another factor to consider is the cost of airfare, they should be starting to go down due to travel season changes. However, without much advanced time of purchase, airfares tend to be no real bargain. But if my wife has to go, we will likely execute our contingency plan.

Good. luck on your visa journey.

[Rae Anne 44]

Ok, thanx,

As Usual, Just as I say couldnt find any information I did find some links. And yes, the question was if she could today or tomm or as soon as possible as she has an ill mother.

Looks like the only way is to have your AOS filed first as you would not be granted an "AP" advanced parole , without having your completed AOS finished. Or at least filed for.

Not really no. The K-1 visa is a one time deal. Get married TODAY. File AOS TOMORROW. Should be processed in a couple months. When applying for AOS I believe (correct me if I'm wrong) there is a form to request AP (Advanced Parole) for the beneficiary to go and come back but this is very risky. Not recommended. Even if she gets AP and departs for China on the way back she could be denied entry to the US and sent home for you to do this whole thing all over again.

[Darnell 8,478]

so, once you include the AP application with the AOS packet,

you'll get a receipt notice, I-797-C on the AP thingie.

Actually you get at least 2, but

once you have the I-797-C on the AP,

get into yer local USCIS office, ask for Emergency AP.

Do not leave the office till you have it,

go up the food chain rapidly, inside the building, till you find the right human with the right computer access.

9 times out of 10, it's never the 'girl at the front desk'.

Good Luck !

[so what is that? marry, file the AOS packet asap, wait for the i-797-C on the AP ]

[JimVaPhuong 4,863]

There are only two ways this can be done without repeating the entire visa process. The first (and safest) is to marry, submit the AOS packet, and wait for the AP to be approved.

The second (and much riskier) is to apply at the consulate for the K1 to be revalidated for a second entry. The second method is much riskier because the K1 can only be revalidated if the beneficiary has NOT married the petitioner yet (a married beneficiary isn't eligible to enter the US with a K1 visa), and if the original 90 day period from the first K1 entry has not expired yet. Even if both of those conditions are met, it's still up to the discretion of the consular officer whether or not to revalidate the K1 visa.

The second method is something you would only consider trying if a dire emergency came up in the first weeks after the beneficiary arrived, and they're going to return to their home country regardless of whether or not it means starting over. It's a shot in the dark, and not something you would rely on in advance as being a solid workable option.

[bigdog 376]

Agree with all, apply for AOS, AP EAD asap. Don't leave until you have it, even with it in hand we waited will the GC was in hand (paranoid YES). Good Luck.