Help - Stuck in No man's land!

[biribiri 0]

I am a Malaysian and married to a U.S. citizen. The following is a brief chronology of events of what happened to us:

10 Oct 06 - Received K1 visa from my embassy.

28 Oct 06 – I travelled and entered the U.S.

6 Nov 06 – My mother died. We got married (paper wedding) on the same day. However, we could not file any papers for Adjustment of status due to lack of time.

6 Nov 06 – caught flight home to Malaysia for Mom's funeral

16 Dec 06 – Our Church wedding ceremony date in the U.S.

Before I left the U.S., I tried to file my AOS papers on a spceial case basis. We were rejected and told we had to do it by mail.

Yesterday, both of my husband and I went to the U.S. embassy here in Kuala Lumpur to ask for advice. We were told we had to file for an I - 130 petition either through my husband back in the U.S. or file it over here in Kuala Lumpur.

The trouble is, we were told that I need to apply for my police certificate of good conduct from the U.K. and Malaysia all over again even though I just submitted one last month for the K1 visa! The officer told me they only accept original police certificates and anyway, all the paperwork was submitted by me to the U.S. side when I entered the U.S. last month. Now the problem is that in order for us to get fresh police certificates, it would take at least 6-8 weeks and we don't have time to do so before the wedding church ceremony on 16 Dec. (which is just a religious ceremony for the benefit of family since we are already legally married) and all my family members have paid a lot of money on flights and I have also sunk in a lot of money for the church ceremony and honeymoon plans.

What do you think are our options? Is there anyone out there who has gone through this before?

[Kez/JWolf 6]

You have no options but to start from the begining.... sorry to get a K3 you will need to file all the correct paperwork and await processing... you may need to cancel the wedding you have planned in the US as it is unlikely you will be there....

[Yodrak 7]

biribiri,

Too late now, but if you knew that your mother had died prior to the ceremony you should have skipped that "paper wedding" and gone back to Malaysia single. At this point, as Niagaenola wrote, you need to start the application process for an immigrant visa, and then perhaps a K3.

Yodrak

I am a Malaysian and married to a U.S. citizen. The following is a brief chronology of events of what happened to us:

10 Oct 06 - Received K1 visa from my embassy.

28 Oct 06 – I travelled and entered the U.S.

6 Nov 06 – My mother died. We got married (paper wedding) on the same day. However, we could not file any papers for Adjustment of status due to lack of time.

6 Nov 06 – caught flight home to Malaysia for Mom's funeral

....

What do you think are our options? Is there anyone out there who has gone through this before?

Edited November 13, 2006 by Yodrak

[diadromous mermaid 36]

I am a Malaysian and married to a U.S. citizen. The following is a brief chronology of events of what happened to us:

10 Oct 06 - Received K1 visa from my embassy.

28 Oct 06 – I travelled and entered the U.S.

6 Nov 06 – My mother died. We got married (paper wedding) on the same day. However, we could not file any papers for Adjustment of status due to lack of time.

6 Nov 06 – caught flight home to Malaysia for Mom's funeral

16 Dec 06 – Our Church wedding ceremony date in the U.S.

Before I left the U.S., I tried to file my AOS papers on a spceial case basis. We were rejected and told we had to do it by mail.

Yesterday, both of my husband and I went to the U.S. embassy here in Kuala Lumpur to ask for advice. We were told we had to file for an I - 130 petition either through my husband back in the U.S. or file it over here in Kuala Lumpur.

The trouble is, we were told that I need to apply for my police certificate of good conduct from the U.K. and Malaysia all over again even though I just submitted one last month for the K1 visa! The officer told me they only accept original police certificates and anyway, all the paperwork was submitted by me to the U.S. side when I entered the U.S. last month. Now the problem is that in order for us to get fresh police certificates, it would take at least 6-8 weeks and we don't have time to do so before the wedding church ceremony on 16 Dec. (which is just a religious ceremony for the benefit of family since we are already legally married) and all my family members have paid a lot of money on flights and I have also sunk in a lot of money for the church ceremony and honeymoon plans.

What do you think are our options? Is there anyone out there who has gone through this before?

Have you enquired with the folks there to see if they will process DCF?

[YuAndDan 153]

biribiri,

Too late now, but if you knew that your mother had died prior to the ceremony you should have skipped that "paper wedding" and gone back to Malaysia single. At this point, as Niagaenola wrote, you need to start the application process for an immigrant visa, and then perhaps a K3.

Yodrak

Even returning home single would have been a problem, since the K-1 is a single entry visa.

Using 20/20 hindsight, you should have had your "Paper-Wedding" and then filed for emergency AP at the local Field office, with evidence of the family emergency.

Now it looks like the AOS case is abandoned by leaving country without AP, next thing to do is check with the consulate about DCF, or having to go through the K-3, or CR-1 visa process.

[meauxna 15]

Yesterday, both of my husband and I went to the U.S. embassy here in Kuala Lumpur to ask for advice. We were told we had to file for an I - 130 petition either through my husband back in the U.S. or file it over here in Kuala Lumpur.

Have you enquired with the folks there to see if they will process DCF?

They did offer it to her.

biribiri, if your husband files I-130 at KL, you can apply for an Immigrant Visa there. That will be the fastest way back to the US for you, but you will have to get the police certs and medical redone.

It should still cost less and be much faster than filing AOS would've been for you in the US, and will be faster than any K-3 application.

Hopefully your husband has not yet left Malaysia.

[diadromous mermaid 36]

Yesterday, both of my husband and I went to the U.S. embassy here in Kuala Lumpur to ask for advice. We were told we had to file for an I - 130 petition either through my husband back in the U.S. or file it over here in Kuala Lumpur.

Have you enquired with the folks there to see if they will process DCF?

They did offer it to her.

biribiri, if your husband files I-130 at KL, you can apply for an Immigrant Visa there. That will be the fastest way back to the US for you, but you will have to get the police certs and medical redone.

It should still cost less and be much faster than filing AOS would've been for you in the US, and will be faster than any K-3 application.

Hopefully your husband has not yet left Malaysia.

Yes, after asking, I re-read where she said that very thing! I need reading glasses

We were told we had to file for an I - 130 petition either through my husband back in the U.S. or file it over here in Kuala Lumpur.

[Yodrak 7]

YuAndDan,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3. Biribiri would have been a good candidate for getting her K1 visa re-issued.

Requesting 'emergency' AP is not an option unless one has already applied for Adjustment and AP. It appears from their post that biribiri was not able to apply for Adjustement before leaving the country.

Yodrak

biribiri,

Too late now, but if you knew that your mother had died prior to the ceremony you should have skipped that "paper wedding" and gone back to Malaysia single. At this point, as Niagaenola wrote, you need to start the application process for an immigrant visa, and then perhaps a K3.

Yodrak

Even returning home single would have been a problem, since the K-1 is a single entry visa.

Using 20/20 hindsight, you should have had your "Paper-Wedding" and then filed for emergency AP at the local Field office, with evidence of the family emergency.

Now it looks like the AOS case is abandoned by leaving country without AP, next thing to do is check with the consulate about DCF, or having to go through the K-3, or CR-1 visa process.

Edited November 13, 2006 by Yodrak

[kitkat1 5]

So if they had not gotten married before he left the country, he could have asked the consulate to reissue the K1? I had no idea that was even possible.

YuAndDan,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3. Biribiri would have been a good candidate for getting her K1 visa re-issued.

Requesting 'emergency' AP is not an option unless one has already applied for Adjustment and AP. It appears from their post that biribiri was not able to apply for Adjustement before leaving the country.

Yodrak

[Yodrak 7]

kitkat,

Neither, apparently, did YuAndDan.

Yodrak

So if they had not gotten married before he left the country, he could have asked the consulate to reissue the K1? I had no idea that was even possible.

YuAndDan,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3. Biribiri would have been a good candidate for getting her K1 visa re-issued.

.....

Yodrak

Edited November 13, 2006 by Yodrak

[aussiewench 9]

The K-1 can be reissued if still within the original 90 days. The 90 day period of first entry still stands and one must reenter and marry within that original 90 days. There is no gurarantee it will be reissued, but it is within the powers of a conof to do so.

So if they had not gotten married before he left the country, he could have asked the consulate to reissue the K1? I had no idea that was even possible.

YuAndDan,

See 9 FAM 41.81 (Fiance(e)s) Notes, N6.3. Biribiri would have been a good candidate for getting her K1 visa re-issued.

Requesting 'emergency' AP is not an option unless one has already applied for Adjustment and AP. It appears from their post that biribiri was not able to apply for Adjustement before leaving the country.

Yodrak

Edited November 14, 2006 by aussiewench