K1 not used

[Madisonp 0]

WEll here goes nothing.My future wife got a K1 and came over and had to return because of a family problems.Now all this is cleared up and wants to return and she left before going thur the proper channels.Now if she wants to return want has to be done and now the K1 she has is good until the end of August of this.Any feed back would help.

[Harpa Timsah 13,258]

She needs to contact the embassy right away and ask about getting a re-instated K-1 visa. This is very rare, but there is some precedent for this (because you are not yet married). If that doesn't work, you'd need a whole new petition.

Edit: Here is a post from Jim on the topic:

http://www.visajourney.com/forums/topic/309599-wife-had-to-return-before-adjustment-of-status/page__view__findpost__p__4662486

I see the rub is that it must be within the original 90 days. When did she first enter the US?

Edited July 29, 2012 by Harpa Timsah

[del-2-5-2014 1,339]

WEll here goes nothing.My future wife got a K1 and came over and had to return because of a family problems.Now all this is cleared up and wants to return and she left before going thur the proper channels.Now if she wants to return want has to be done and now the K1 she has is good until the end of August of this.Any feed back would help.

That K1 became null and void during the original POE.

Next steps is another K1, not sure if you can reinstate the original K1.

Edited July 29, 2012 by Gowon

[djricky4 67]

What exactly do you mean by she didnt use the K1 visa.......as long as she entered on the K1 visa in the usa, dosent matter if you all got married, the visa became null and she cannot be re admitted on it.

[Que Saudade 284]

She needs to contact the embassy right away and ask about getting a re-instated K-1 visa. This is very rare, but there is some precedent for this (because you are not yet married). If that doesn't work, you'd need a whole new petition.

Edit: Here is a post from Jim on the topic:

http://www.visajourney.com/forums/topic/309599-wife-had-to-return-before-adjustment-of-status/page__view__findpost__p__4662486

I see the rub is that it must be within the original 90 days. When did she first enter the US?

And when did she leave? Might as well have that info also.....

[PeruvyandGringa 25]

Your K-1 was used, but in rare cases they will re-instate it. Must contact the embassy immediately as if they did re-instate, it would only be valid through the original date. I looked into this route as I had a similar experience, only he had left too close to the 90 days and by the time we began inquiring we literally would have had to have him on a plane the next day. If you don't get it re-instated, I believe you would have to start the entire process all over again. Good Luck!

[Merrytooth 5,748]

I had a Reissuance of K-1 Visa from Singapore Consulate in 2010.

First contact US Consulate, and ask if they do Reissuance of K1 Visa based on

rule of 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.

For my case, the Consular Officer asked me to resubmit all the paperwork (including I-134 Affidavit of Support) again, new medical checkup, new police record according to the K1 visa checklist (because the whole sealed package had been submitted at the POE when I first entered US with K1 Visa).

After that, an interview date was then scheduled and paid the K1 visa fee again.

Hope the info will help you.