She has to go back, should we marry first - K1

[Ken and Elena 0]

Hello,

My fiancee is here in the USA on a K1 visa. The visa expires August 3rd. Her mother is in the hospital and she may have to go back immeadiately to tend to things. We were planning on getting married July 15th. Should we consider getting married ASAP before she has to go take care of her mother?

I am really not sure how to proceed. We can start the process of status adjustment (I believe), but will she be allowed back into the country after August 3rd if she has to stay past that date (in Russia).

We are quite nervous of the situation, can anyone offer us some thoughts as to what our options are please?

Thank you in Advance.

Ken & Elena

[john_and_marlene 162]

If she goes back before you marry, the possibility still exists for the consulate to revalidate the K1 for a new entry to the U.S. If the consulate is willing to revalidate the K1, you will still need to complete the marriage within 90 days from the first entry. If you get married before she returns, the K1 revalidation is no longer an option. They may or may not revalidate the visa, but it is one possible outcome.

If they choose not to revalidate it, you will need to repetition.

If you choose to marry before she goes back without Advance Parole, you will need to repetition.

Edited June 19, 2007 by john_and_marlene

[no name 1]

Hello,

My fiancee is here in the USA on a K1 visa. The visa expires August 3rd. Her mother is in the hospital and she may have to go back immeadiately to tend to things. We were planning on getting married July 15th. Should we consider getting married ASAP before she has to go take care of her mother?

I am really not sure how to proceed. We can start the process of status adjustment (I believe), but will she be allowed back into the country after August 3rd if she has to stay past that date (in Russia).

We are quite nervous of the situation, can anyone offer us some thoughts as to what our options are please?

Thank you in Advance.

Ken & Elena

If you marry & she leaves the country before getting AP/her GC, you will have to start over with a K3.

[pushbrk 12,822]

Hello,

My fiancee is here in the USA on a K1 visa. The visa expires August 3rd. Her mother is in the hospital and she may have to go back immeadiately to tend to things. We were planning on getting married July 15th. Should we consider getting married ASAP before she has to go take care of her mother?

I am really not sure how to proceed. We can start the process of status adjustment (I believe), but will she be allowed back into the country after August 3rd if she has to stay past that date (in Russia).

We are quite nervous of the situation, can anyone offer us some thoughts as to what our options are please?

Thank you in Advance.

Ken & Elena

I think your best bet is make an infopass appointment right away and then get married before that appointment. At the Infopass appointment, apply for emergency advanced parole. They have the authority to grant it on the spot.

[no name 1]

I think your best bet is make an infopass appointment right away and then get married before that appointment. At the Infopass appointment, apply for emergency advanced parole. They have the authority to grant it on the spot.

Only if the I-485 has already been filed.

[Kez/JWolf 6]

Hello,

My fiancee is here in the USA on a K1 visa. The visa expires August 3rd. Her mother is in the hospital and she may have to go back immeadiately to tend to things. We were planning on getting married July 15th. Should we consider getting married ASAP before she has to go take care of her mother?

I am really not sure how to proceed. We can start the process of status adjustment (I believe), but will she be allowed back into the country after August 3rd if she has to stay past that date (in Russia).

We are quite nervous of the situation, can anyone offer us some thoughts as to what our options are please?

Thank you in Advance.

Ken & Elena

I think your best bet is make an infopass appointment right away and then get married before that appointment. At the Infopass appointment, apply for emergency advanced parole. They have the authority to grant it on the spot.

They will not grant emergancy AP until the OP has filed for AOS....

get married tommorow get a copy of the certificate ASAP file AOS overnight with a reciept then take reciept to infopass and try for emergancy AP other than that once she is ready to return do a K3/CR1

Kez

[john_and_marlene 162]

Hello,

My fiancee is here in the USA on a K1 visa. The visa expires August 3rd. Her mother is in the hospital and she may have to go back immeadiately to tend to things. We were planning on getting married July 15th. Should we consider getting married ASAP before she has to go take care of her mother?

I am really not sure how to proceed. We can start the process of status adjustment (I believe), but will she be allowed back into the country after August 3rd if she has to stay past that date (in Russia).

We are quite nervous of the situation, can anyone offer us some thoughts as to what our options are please?

Thank you in Advance.

Ken & Elena

I think your best bet is make an infopass appointment right away and then get married before that appointment. At the Infopass appointment, apply for emergency advanced parole. They have the authority to grant it on the spot.

She would first have to petition for AOS and get the NOA back in order to be granted Emergency AP. Even then, there is no guarantee it would be granted. But, having married before going to the infopass appointment, they have closed the door for a very possible revalidation of the original K1.

Edited June 19, 2007 by john_and_marlene

[TimsDaisy 0]

Infopass and a lawyer STAT!

Go get qualified help in the real world before she leaves the country and before you get legally married. Go!

Best of luck and sorry about the situation.

[Dan J 277]

Hello,

My fiancee is here in the USA on a K1 visa. The visa expires August 3rd. Her mother is in the hospital and she may have to go back immeadiately to tend to things. We were planning on getting married July 15th. Should we consider getting married ASAP before she has to go take care of her mother?

I am really not sure how to proceed. We can start the process of status adjustment (I believe), but will she be allowed back into the country after August 3rd if she has to stay past that date (in Russia).

We are quite nervous of the situation, can anyone offer us some thoughts as to what our options are please?

Thank you in Advance.

Ken & Elena

I think your best bet is make an infopass appointment right away and then get married before that appointment. At the Infopass appointment, apply for emergency advanced parole. They have the authority to grant it on the spot.

She would first have to petition for AOS and get the NOA back in order to be granted Emergency AP. Even then, there is no guarantee it would be granted. But, having married before going to the infopass appointment, they have closed the door for a very possible revalidation of the original K1.

There is no guarntee that the K-1 would be revalidated. Plus it generally can only be revalidated if your still in your six month window and only to the end of the orginal expiration date. AP if granted, would allow more flexibility. I think AP is the better choice, but yes, you need to talk to a lawyer as soon as possible.

[Kez/JWolf 6]

To get the K1 revalidated only works if the person is going to have enough time left on the original 90 days to come home and then get married.... as the OP's 90 days expire on 08/03/2007 they will be cutting it very close even if they do get it revalidated... there is no sure gaurantee that it will be....

Kez

[Yodrak 7]

Ken & Elena,

What does "in the hospital" mean? Tonsilectomy (forget emergency advance parole) or imminent death (good chance of emergency AP if you marry and she submits I-485 and I-131 promptly).

What things need to be tended to? What kind of care might mother need - days, months, or years?

Too much speculation based on too little information in this thread.

Yodrak

Hello,

My fiancee is here in the USA on a K1 visa. The visa expires August 3rd. Her mother is in the hospital and she may have to go back immeadiately to tend to things. We were planning on getting married July 15th. Should we consider getting married ASAP before she has to go take care of her mother?

I am really not sure how to proceed. We can start the process of status adjustment (I believe), but will she be allowed back into the country after August 3rd if she has to stay past that date (in Russia).

We are quite nervous of the situation, can anyone offer us some thoughts as to what our options are please?

Thank you in Advance.

Ken & Elena

Edited June 19, 2007 by Yodrak

[bszoom42 0]

she may have to go back immeadiately to tend to things.

Can you go in her place? As a US Citizen, you can come and go without impacting the process.