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Filed: K-1 Visa Country: Thailand
Timeline
Posted

I am throwing myself to the mercy of the board. My fiance moved to the US about 5 weeks ago. Well there was an unexpected emergency in her family, (not a death) that required she return. She was here for approximately 30 of the allotted 90 days. So now, the question I have is what do we do now. The situation with her mom has resolved itself, but now we are lost as to what to do next.

Thank you in advance for all the practical advice. Please don't beat me up too much about the error I've made. Believe me, I am fully aware of the situation I am in.

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

You can try having the K-1 visa revalidated at the embassy that issued it. Her I94 date is still valid, yes?

Will probably need some proof of her emergency.

She will not get the full 90 days this time, only the remaining time on the I-94. She will need to return and get married ASAP.

Failing that, you will probably have to file for another K-1.

I'm sure others will come along and chip in.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Filed: K-1 Visa Country: Thailand
Timeline
Posted

You can try having the K-1 visa revalidated at the embassy that issued it. Her I94 date is still valid, yes?

Will probably need some proof of her emergency.

She will not get the full 90 days this time, only the remaining time on the I-94. She will need to return and get married ASAP.

Failing that, you will probably have to file for another K-1.

I'm sure others will come along and chip in.

That sounds like a good plan. So should I have her call the embassey? Ahhh I am so confused right now.

Filed: Lift. Cond. (apr) Country: India
Timeline
Posted

Yes, have her call the Consulate. Maybe you could shoot them an email as well, ya?

Good luck.

Let us know how it turns out. Some people have been successful in getting their visas reaffirmed.

03/27/2009: Engaged in Ithaca, New York.
08/17/2009: Wedding in Calcutta, India.
09/29/2009: I-130 NOA1
01/25/2010: I-130 NOA2
03/23/2010: Case completed.
05/12/2010: CR-1 interview at Mumbai, India.
05/20/2010: US Entry, Chicago.
03/01/2012: ROC NOA1.
03/26/2012: Biometrics completed.
12/07/2012: 10 year card production ordered.

09/25/2013: N-400 NOA1

10/16/2013: Biometrics completed

12/03/2013: Interview

12/20/2013: Oath ceremony

event.png

Filed: K-3 Visa Country: Thailand
Timeline
Posted

I am throwing myself to the mercy of the board. My fiance moved to the US about 5 weeks ago. Well there was an unexpected emergency in her family, (not a death) that required she return. She was here for approximately 30 of the allotted 90 days. So now, the question I have is what do we do now. The situation with her mom has resolved itself, but now we are lost as to what to do next.

Thank you in advance for all the practical advice. Please don't beat me up too much about the error I've made. Believe me, I am fully aware of the situation I am in.

She may not get far using the normal phone number. Have her go to post office & buy a pin number that will allow her to call embassy direct to get info about what might be done.

It been said many times here on V J that the K 1 is a one time visa. It may be that you have to start over no matter what occured. Hopefully this is a special circumstance that they will take into consideration.

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Posted

Send them an email. They are pretty good at responding. Make sure you put this in the subject line:

Inquiry: BNKxxxxxxxxxx (case number)

Also use visasbkk2@state.gov for the email. The don't seem to respond if you don't have the 2 in there.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Posted

I am throwing myself to the mercy of the board. My fiance moved to the US about 5 weeks ago. Well there was an unexpected emergency in her family, (not a death) that required she return. She was here for approximately 30 of the allotted 90 days. So now, the question I have is what do we do now. The situation with her mom has resolved itself, but now we are lost as to what to do next.

Thank you in advance for all the practical advice. Please don't beat me up too much about the error I've made. Believe me, I am fully aware of the situation I am in.

Also would be good if you filled in your timeline here on VJ. Not sure if you have married yet or not. Might help at the consulate if you can show proof of the marriage.

Service Center : Vermont Service Center

Consulate : Bangkok, Thailand

Marriage : 2006-11-08

I-130 Sent : 2008-02-22

I-130 NOA1 : 2008-03-10

I-129F Sent : 2008-04-08

I-129F NOA1 : 2008-04-14

I-129F touched: 2008-05-06

I-130 touched: 2008-05-09

I-129F approved 2008-09-05

I-130 approved 2008-09-05

NVC received 2008-09-12

Pay I-864 2008-10-08

Pay IV bill 2008-10-08

Receive Instruction 2008-11-05

Case Complete 2008-11-18

Medical 2009-01-19/20 passed

Receive Pkt 4 2009-01-30

Interview 221g 2009-02-23

Second interview 2009-03-02 Approved

POE DFW 2009-03-07

Received SS card 2009-03-17

Received GC 2009-04-01

Done for 3 years or 10 years. Haven't decided yet.

(I'm going for the IR-1 and blowing off the K-3. Even if it takes an extra couple months, it's worth it to not have to deal with USCIS again)

"Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

Note:

Please fill out I-130, wait 6 months for approval, then 3 more months for an interview. (Unless of course we've bombed your country into the stone age, then you qualify for expedited processing.)

Welcome to the USA!!!

Posted

You can try having the K-1 visa revalidated at the embassy that issued it. Her I94 date is still valid, yes?

Will probably need some proof of her emergency.

She will not get the full 90 days this time, only the remaining time on the I-94. She will need to return and get married ASAP.

Failing that, you will probably have to file for another K-1.

I'm sure others will come along and chip in.

Good advice good.gif

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted

I am throwing myself to the mercy of the board. My fiance moved to the US about 5 weeks ago. Well there was an unexpected emergency in her family, (not a death) that required she return. She was here for approximately 30 of the allotted 90 days. So now, the question I have is what do we do now. The situation with her mom has resolved itself, but now we are lost as to what to do next.

Thank you in advance for all the practical advice. Please don't beat me up too much about the error I've made. Believe me, I am fully aware of the situation I am in.

Most likely you will have to re-file. This is why K-1s should not mess around. Had you got married and filed for AOS she could have filed for an emergency AP and returned with that.

I will say as I always have...get married and file AOS as soon as possible...a week from arrival is very do-able. Waiting longer delays your fiancees benefits and puts you at the mercy of too many variables. The K-1 is a one time visa

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: K-1 Visa Country: Thailand
Timeline
Posted

Most likely you will have to re-file. This is why K-1s should not mess around. Had you got married and filed for AOS she could have filed for an emergency AP and returned with that.

I will say as I always have...get married and file AOS as soon as possible...a week from arrival is very do-able. Waiting longer delays your fiancees benefits and puts you at the mercy of too many variables. The K-1 is a one time visa

Thanks for the coulda woulda shoulda. I am aware of the mistake. Was looking for solutions not lectures. We all walk a different path.

Filed: K-1 Visa Country: Wales
Timeline
Posted

By my calculations you have about 4 weeks to try and get the visa revalidated, get a ticket, get here, marry and file for adjustment.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted

You should contact the embassy immediately and ask for an appointment to have the visa reissued. I would also ask them about what documentation they will require to consider the request. You should also have a document signed by you and your fiance reaffirming you intentions to be married. It would also be wise to provide some documentary evidence regarding the circumstances that you required your fiance to return to her country. Here is an article I wrote about obtaining a reissuance of a fiance visa. Good luck.

Excellent information. Of course I am making sure Audy and I will not need it. Thank you.

Naturalization N-400

 
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