K-1 Revalidation

[BooBoo 0]

Hi All,

My fiance had to return to attend a family emergency. Our wedding is less than a month away. I checked with USCIS about our options to get her back to US. They recommended to check with the local US consulate. I read in few FAQs that a consular officer can revalidate the visa if the petition is not expired and we still have a chance to marry within in the 90 day before the visa expiry. I was just checking to see if any one out there had similar experiences. Please share. Thanks!

[baron555 934]

Hi All,

My fiance had to return to attend a family emergency. Our wedding is less than a month away. I checked with USCIS about our options to get her back to US. They recommended to check with the local US consulate. I read in few FAQs that a consular officer can revalidate the visa if the petition is not expired and we still have a chance to marry within in the 90 day before the visa expiry. I was just checking to see if any one out there had similar experiences. Please share. Thanks!

You should be contacting the US Embassy and not wasting time here. Just tell your/her story and let the cards fall where they may.

[BooBoo 0]

You should be contacting the US Embassy and not wasting time here. Just tell your/her story and let the cards fall where they may.

US Embassy suggested that the only option is to restart the K-1 Application.

[engineer21 51]

US Embassy suggested that the only option is to restart the K-1 Application.

This is from the VJ FAQ page:

5.13)...My fiance had to return home because of a family emergency just a couple weeks after arriving. Due 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.

Looks like it is possible and has worked for someone before..

Good luck!

[baron555 934]

US Embassy suggested that the only option is to restart the K-1 Application.

Then the great Embassy has Spoken. I'm sure you understood that this could have been the result when she went back before completing the AOS (or at least the AP) process. Now you have to filel for a spousal visa, CR-1 is best.

[Merrytooth 5,748]

I entered US on 24th Dec 2009 on K1 Visa. Due to work emergency, I have to leave US before getting married, on 18th Jan 2010. It was really unfortunate because we didn't know if I can still enter back US on K1 visa again. OR we need to restart the K1 I-129F petition again.

After searching forums online, managed to get the information about reissuance of K-1 Visa.

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a 6-month period, has already been

used for admission into the United States and the alien fiancé(e) 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. The alien’s return to the United States and marriage to the petitioner

must take place within 90 days from the date of the original admission into

the United States in K status.

I applied for the reissuance of K-1 Visa at my country Singapore US Consulate. Before that I have to resubmit all the forms and documents based on the K1 visa checklist again => I-134 Affidavit of Support, New Police Record and New Medical Report. All these documents preparation and schedule new interview date take about a month.

Freaking nervous attending the interview US Consulate, expecting the worst, (yes, I have to pay the K1 visa fee again).

However, after much intense questioning, US Consulate officer agreed to re-issue me K1 Visa.

Based on the rule of Reissuance of K-1 Visa: My Fiance and I have to get married within 90 days from my original admission into US (24th Dec 2009), meaning get married before 23th March 2010, which we did.

The reissuance of K-1 Visa is really up to each individual US Consulate and the time to schedule the K1 visa interview again (must be within the initial 90 days from the first admission into US, and enough time to travel back to US to get married).

Hope the info will help you.

[BooBoo 0]

I entered US on 24th Dec 2009 on K1 Visa. Due to work emergency, I have to leave US before getting married, on 18th Jan 2010. It was really unfortunate because we didn't know if I can still enter back US on K1 visa again. OR we need to restart the K1 I-129F petition again.

After searching forums online, managed to get the information about reissuance of K-1 Visa.

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a 6-month period, has already been

used for admission into the United States and the alien fiancé(e) 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. The alien’s return to the United States and marriage to the petitioner

must take place within 90 days from the date of the original admission into

the United States in K status.

I applied for the reissuance of K-1 Visa at my country Singapore US Consulate. Before that I have to resubmit all the forms and documents based on the K1 visa checklist again => I-134 Affidavit of Support, New Police Record and New Medical Report. All these documents preparation and schedule new interview date take about a month.

Freaking nervous attending the interview US Consulate, expecting the worst, (yes, I have to pay the K1 visa fee again).

However, after much intense questioning, US Consulate officer agreed to re-issue me K1 Visa.

Based on the rule of Reissuance of K-1 Visa: My Fiance and I have to get married within 90 days from my original admission into US (24th Dec 2009), meaning get married before 23th March 2010, which we did.

The reissuance of K-1 Visa is really up to each individual US Consulate and the time to schedule the K1 visa interview again (must be within the initial 90 days from the first admission into US, and enough time to travel back to US to get married).

Hope the info will help you.

Oh! Great. Thanks a bunch for sharing. This is a lifeline. We are still in the window of 90 days. How did you initiate your communication with the consulate?

[Merrytooth 5,748]

You can call up your US Consulate to see if they would do the reissuance of K-1 Visa or not.

If yes, the US consulate officer would advise what to do next.

You mentioned that "US Embassy suggested that the only option is to restart the K-1 Application.", then they probably won't do the reissuance of K1-Visa.

The reissuance of K-1 Visa is really up to each individual US Consulate.

[BooBoo 0]

You can call up your US Consulate to see if they would do the reissuance of K-1 Visa or not.

If yes, the US consulate officer would advise what to do next.

You mentioned that "US Embassy suggested that the only option is to restart the K-1 Application.", then they probably won't do the reissuance of K1-Visa.

The reissuance of K-1 Visa is really up to each individual US Consulate.

Hooray! We secured an appointment with the US consulate. Your info was very helpful. I also requested our district congressman's help, which also helped.

Thank You.