? ABOUT GETTING A 2ND K1 VISA

[J and Y 5]

Real quick If a fiancee leaves after entering the USA due to the fact her Dad is about to passaway after being in the USA for only 21 days and we have not married yet can she return home and ask for a new k1 visa without doing a new i129f package?

[Vanitas 310]

I don't believe so, no. The K1 is a one-shot - once you go past the border controls at the POE and they give you the all clear, that visa is used up and gone.

However, you may have an alternative but I would rather leave someone more experienced to explain that because I'm not 100% sure (regarding Advance Parole and all).

[Merrytooth 5,748]

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 went through this reissuance of K-1 Visa before.

- Contact your US consulate for advice, to see if they will reissue the K-1 Visa.

- You have to resubmit all the paperwork (I-134), new medical checkup, new police record according to the K-1 visa checklist.

- Schedule the interview and pay all the fees again.

All these must happen before the 90th day from the 1st date of entry to US.

[Vanitas 310]

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 went through this reissuance of K-1 Visa before.

- Contact your US consulate for advice, to see if they will reissue the K-1 Visa.

- You have to resubmit all the paperwork (I-134), new medical checkup, new police record according to the K-1 visa checklist.

- Schedule the interview and pay all the fees again.

All these must happen before the 90th day from the 1st date of entry to US.

There you go then, I stand corrected. Starting to think I should keep a copy of the FAM on my hard drive.