Need to leave the US after entry on K1 due to death in the family.

[endoftheroad 1]

Don't get married yet (you can still do the ceremony and have the party if you must but leave the legal parts out). Then you can contact your consulate and explain you are not married yet but your mom died. Ask if you can fly back for the service and get a recertified visa to come to your fiance here and get married.

don't think it's that easy.... K-1 objective is to get married in the US..... you have to complete the objective....

Never said it was easy but others here have done it. Also, others have gotten married and wanted to go back for an emergency and failed to get it approved.

Idea is to not be already married when you ask.

logically speaking, it's better to marry, file Adjustment of status with AP and EAD, while these are PENDING, then you can ask them to expedite the AP, because they already have you in the system.

i don't know, i am not a professional, im just saying...

I'm not a pro at this either but the OP has a time crunch issue that prevents all the filing etc.

GOOD LUCK and report back!

[Jamaican JNR 2]

Hi guys.

Sorry if this is sometning thats covered elsewhere but i need your help. and to be honest my head isnt in a good place right now due to a death in the family today.

I entered on a K1 on Oct 3rd and believe it or not am getting married tomorrow. But got some bad news that my mother passed away this morning. If anyone can give me numbers, processes or who i need to talk to to somehow get a special dispensation to allow me to fly back to the uk and attend her funeral I would be greatly appreciated.

Currently im not bothered with costs or the whos whats wheres or hows but if somone can point me to a simple straight forward guide to follow to start the procedure to get a special waiver would be a massive help.

Thank you in advance and appologise if I have posted this in the wrong forum.

I will check back here asap.

Thank you all in advance if you can help me with this.

Gary.

My condolence goes out to you and your family. Call USCIS and then the embassy that granted your visa, tomorrow. Give detailed reason as to your situation re "death." You entered US soil on a K1 visa (Fiance type) and havent married yet, therefore your status remains the same. If you plan to go back home for your mom's service; do not get married, until you hear from the relevant authorities.

[thepizzadude 26]

Don't get married yet (you can still do the ceremony and have the party if you must but leave the legal parts out). Then you can contact your consulate and explain you are not married yet but your mom died. Ask if you can fly back for the service and get a recertified visa to come to your fiance here and get married.

don't think it's that easy.... K-1 objective is to get married in the US..... you have to complete the objective....

Entered October 3 thats only 13 days ago still have 77 days to marry, best thing don't get married and try for a recertified visa, I would be on the phone to the embassy and see if that is a possibility, get it confirmed and go. Plenty of time to come back and marry within the Oct3 +90 days timeframe.

[Brother Hesekiel 2,236]

I am sorry for your loss. Right now you may feel overwhelmed, but it will get better once you realize that dying is a natural part of life and that one cannot change past events, only one's own reactions to them. It's the Buddhist way.

I haven't been in Europe since 1994. Both my parents passed, and I had no chance to say goodbye. But when they were still alive, we talked quite often and agreed on how meaningful it is to keep contact, and how meaningless it is to attend a funeral. I wrote an Eulogy for both my parents and my daughter read it at their funeral.

in my not so humble opinion, there's no merit in jeopardizing one's future in order to attend a funeral. Very soon you will be able to travel to The Kingdom and take care of things at your own pace. It won't make any difference to you mom anymore, so don't lose your head over it when dealing with the emotional paint.

Again, my deepest sympathy to you.

[Lisa and Ian 7]

Hi guys.

Sorry if this is sometning thats covered elsewhere but i need your help. and to be honest my head isnt in a good place right now due to a death in the family today.

I entered on a K1 on Oct 3rd and believe it or not am getting married tomorrow. But got some bad news that my mother passed away this morning. If anyone can give me numbers, processes or who i need to talk to to somehow get a special dispensation to allow me to fly back to the uk and attend her funeral I would be greatly appreciated.

Currently im not bothered with costs or the whos whats wheres or hows but if somone can point me to a simple straight forward guide to follow to start the procedure to get a special waiver would be a massive help.

Thank you in advance and appologise if I have posted this in the wrong forum.

I will check back here asap.

Thank you all in advance if you can help me with this.

Gary.

First, very sorry for your loss.

Secondly, here is a thread on emergency AP http://www.visajourney.com/forums/index.php?showtopic=59963. The thing is that the OP had already applied for AOS.

There is also this: http://www.visajourney.com/wiki/index.php/Advance_Parole

and this: http://www.visajourney.com/forums/index.php?showtopic=216607

In my humble opinion, make your infopass appointment, take the i-131 document, $305 and evidence of your mom's passing to the appt, and see what happens. They can advise you further, I'm sure, if anything else is required.

[Hell0W0rld 10]

get a hold of a death certificate and see if USCIS can expedite....

[William33 110]

From Visa Journey Moderation: Our condolences for your loss.

The best advice follows from: john_and_marlene and payxibka.

You may want to call the issuing US Embassy/Consulate and seek guidance ASAP. Specifically, seek assurance that they will re-validate your visa, given the extraordinary circumstances. This surmises of course, that you will postpone your imminent marriage until your return to the States.

All the best.

VJ Moderation.

You didn't mention if your wife-to-be is flying back with you. If she isn't, then she could mail on the AP if it can't be issued immediately.

Bad advice. If you exit the U.S. before the AP is issued, it can't be used for reentry.

The only timely option is to not get married tomorrow and try for the revalidation of the K1

exactly, AP is to preserve one's entry status in the USA... if you leave BEFORE AP is approved, then there is no longer any status for AP to preserve because status would expire the moment you leave the country...

Edited October 16, 2009 by William33

[Pinay Wife 47]

From VJ FAQs

http://www.visajourney.com/faq/k1k2visa-enter.html

5.13)...My fiance had to return home because of a family emergency just a couple weeks after arriving. Do we have to go through this entire process again in order for him to come back to the US? 


A...Hopefully not. A K1 visa may be re-validated by the Consulate if the fiance is not yet married. The re-validated visa will still expire the same date as the original, and you must be married and file for Adjustment 90 days from the original first entry. As part of this process, you will probably fill out another OF-156 non-immigrant visa application and pay another visa application fee.

FAQ Note: Revalidating a K1 has been done only once in the newsgroup experience, early in 2000. The Consulate was unwilling to cooperate, and help from the US Citizens Congressional Representative was required to achieve success. The Representatives office contacted the State Department to verify the situation regarding revalidation. Correspondence between the Representatives office and the Consulate helped assure the revalidation. The revalidation process took about two weeks. 
back

[endoftheroad 1]

From VJ FAQs

http://www.visajourney.com/faq/k1k2visa-enter.html

5.13)...My fiance had to return home because of a family emergency just a couple weeks after arriving. Do we have to go through this entire process again in order for him to come back to the US? 


A...Hopefully not. A K1 visa may be re-validated by the Consulate if the fiance is not yet married. The re-validated visa will still expire the same date as the original, and you must be married and file for Adjustment 90 days from the original first entry. As part of this process, you will probably fill out another OF-156 non-immigrant visa application and pay another visa application fee.

FAQ Note: Revalidating a K1 has been done only once in the newsgroup experience, early in 2000. The Consulate was unwilling to cooperate, and help from the US Citizens Congressional Representative was required to achieve success. The Representatives office contacted the State Department to verify the situation regarding revalidation. Correspondence between the Representatives office and the Consulate helped assure the revalidation. The revalidation process took about two weeks. 
back

That FAQ note is about 5-6 years old right? I have read others here that did it but only if they were not married already.

[William33 110]

All:

Let's not speculate further and spare the OP any further anguish. He has an opportunity to make contact with the Visa issuing Embassy/Consulate for further guidance on a re-issue. Perhaps he will post the results for our edification.

Regards,

VJ Moderation.

[Brit Abroad 166]

The assumption of getting married tomorrow, is that one can put in the AoS paperwork at the Infopass appointment. That means the AP can be applied for, and the people at Infopass would be able to act on the request at that stage.

[William33 110]

The assumption of getting married tomorrow, is that one can put in the AoS paperwork at the Infopass appointment. That means the AP can be applied for, and the people at Infopass would be able to act on the request at that stage.

Very unlikely outcome mate. The Op should go with the above advice for a Visa Re-issue, as stated before.

[fransha 0]

My condolences to you and your family Gary, you have my prayers.

[payxibka 10,047]

The assumption of getting married tomorrow, is that one can put in the AoS paperwork at the Infopass appointment. That means the AP can be applied for, and the people at Infopass would be able to act on the request at that stage.

Easier said than done. Locally filed I-485's have not been accepted for many years...

Edited October 16, 2009 by payxibka

[Chocolot 0]

I am so sorry to hear of your loss, this scenario is an immigrants nightmare. I hope you find an answer and my thoughts and condolences to you