Help please

[Gemmie 142]

Sorry for double-posting this but I wanted to get a response ASAP and the search gave me situations where the alien has already applied for AOS.

***********

Just found out mu grandfather has passed.

I entered the US on a K1 visa less than 90 days ago and have not yet applied for AOS or married.

Am I eligible for Emergency AP?

[Joe_&_Nadiya 1]

Sorry for double-posting this but I wanted to get a response ASAP and the search gave me situations where the alien has already applied for AOS.

***********

Just found out mu grandfather has passed.

I entered the US on a K1 visa less than 90 days ago and have not yet applied for AOS or married.

Am I eligible for Emergency AP?

I don't believe you are even eligible for AP since you haven't even applied for AOS. I could be wrong.

[john_and_marlene 162]

Am I eligible for Emergency AP?

No

[Gemmie 142]

That's the general impression I seem to be getting from other people applying for E. AP - they've had to give their NOA.

Has anyone here heard anything to the contrary? Is it worth making an infopass appointment anyway?

[john_and_marlene 162]

That's the general impression I seem to be getting from other people applying for E. AP - they've had to give their NOA.

Has anyone here heard anything to the contrary? Is it worth making an infopass appointment anyway?

How long ago did you enter the US?

[Otto 83]

Is there a driving reason why you couldn't quickly get married? and file your AOS?

[Joe_&_Nadiya 1]

That's the general impression I seem to be getting from other people applying for E. AP - they've had to give their NOA.

Has anyone here heard anything to the contrary? Is it worth making an infopass appointment anyway?

How long ago did you enter the US?

her timeline says 06/14/09

[john_and_marlene 162]

If there is time to return home and still make it back and get married before the original 90 days are up, you can ask the consulate to revalidate the K1 so that you can return to the US and marry. The revalidation is at the option of the consulate and the new I-94 will only reflect the balance of the original 90 days.

This option is only available if you DO NOT get married before you go back to the UK

Edited July 20, 2009 by john_and_marlene

[Joe_&_Nadiya 1]

If there is time to return home and still make it back and get married before the original 90 days are up, you can ask the consulate to revalidate the K1 so that you can return to the US and marry. The revalidation is at the option of the consulate and the new I-94 will only reflect the balance of the original 90 days.

But there's always the risk of the US Embassy denying the revalidation, which means, you'd have to start from scratch....and I thought the revalidation was only if you didn't enter the U.S. within 6 months....but then again, I could be wrong.

[john_and_marlene 162]

If there is time to return home and still make it back and get married before the original 90 days are up, you can ask the consulate to revalidate the K1 so that you can return to the US and marry. The revalidation is at the option of the consulate and the new I-94 will only reflect the balance of the original 90 days.

But there's always the risk of the US Embassy denying the revalidation, which means, you'd have to start from scratch....and I thought the revalidation was only if you didn't enter the U.S. within 6 months....but then again, I could be wrong.

Yes they can revalidate the K1 for a second entry with the restrictions that I gave. The only other option if she wants to go back home immediately is to start over again. Getting married and applying for AOS and AP, getting an NOA and then applying for Emergency AP will not get her home in time for her purpose.

[john_and_marlene 162]

Q. If my Fiance entered the U.S. on a K visa, but had to leave before we were married, what can I do get my Fiance a new K visa?

A. K visas are issued valid for a single entry and a 6-month period. If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa and provided also that the petitioner and beneficiary still intend and are free to marry. After the 90th day, unless other arrangements have been made with USCIS prior to your Fiance�s departure, you will need to start the K visa process again.

http://usavisanow.com/k1fianceevisafaq.html

[Gemmie 142]

Is there a driving reason why you couldn't quickly get married? and file your AOS?

We wouldn't be able to file AOS immediately as we simply wouldn't be able to afford to get the vaccination, pay for CS, ceremony, AOS fees and a return flight ticket too. It's at least $2500 for the AOS and flight right now. Plus the funeral might be within a week and we won't have time to do all of these things.

I'll look into re-validating the K1, do you know who I contact for that?

Edited July 20, 2009 by Gemmie

[Otto 83]

Is there a driving reason why you couldn't quickly get married? and file your AOS?

We wouldn't be able to file AOS immediately as we simply wouldn't be able to afford to get the vaccination, pay for CS, ceremony, AOS fees and a return flight ticket too. It's at least $2500 for the AOS and flight right now. Plus the funeral might be within a week and we won't have time to do all of these things.

I'll look into re-validating the K1, do you know who I contact for that?

I agree - worth trying...

[john_and_marlene 162]

I'll look into re-validating the K1, do you know who I contact for that?

The immigrant visa section at the consulate

[imaisha 0]

Because you'll probably be waiting at least a week for a response to an email to the London embassy you might want to try 1) asking your congressman or senators to try and get in touch and 2) calling DOS and asking if there is any way they could get an emergency confirmation from London saying they'll do it for you.