medical emergency on K1

[Gary and Alla 3,694]

My fiance received his visa in early November, arrived in the states the week of thanksgiving, and this past tuesday recieved a call his mom had a heart attack and was in critical condition. Our wedding was scheduled for Dec. 28th, but he had to leave and go back to Ukraine on the 25th. We tried to find a way to obtain an advanced parole, but in meeting with and discussing with USCIS local office station chief, since we had not gotten married there was nothing we could do. Being a holiday, and government offices being closed, court houses being closed, etc. we could do nothing. Does anyone know if talking to the consulate, or senator anyone could help us in this situation??? feeling really lost and really worried about going through the entire K1 process again, and being denied since he relinquished (in essence) his visa to go to be with his mom.

USCIS is correct. Since you did not get married he has no status to protect with an advanced parole. This is why, among other things, it is necessary to get married ASAP, even if it is just civil ceremony (followed later by a big ceremony) AND file for AOS.

Once you have filed for AOS and have the receipt (NOA1) you could have gone to the local office and obtained an emergency AP. Absent the marriage and filingof AOS you will have to repeat the K-1 process.

Good news. It is being handled much more quickly now.

We obtained a emergency AP for one of our sons so he could return to Russia for school, BUT we filed his AOS immediately on his arrival (k-2 to follow)

No Senator or Congressman can help you. There is nothing to help. The K-1 grants NO immigration status, it is a single entry visa and unless followed by a marriage and filing of adjustment, it is nothing but a glorified tourist visa.

You will NOT be denied because he went back. Not an issue. You WILL have to request a waiver since it will be your 2nd petition within a two year period...even though it is for the same person. Simply write a letter explaining the situation and end it with "I respectuflly request a waiver of the IMBRA limitations on approved petitions within a two year period" It will be approved. Be sure to check the waiver request box on the I-129f and attach the letter.

For other K-1 applicants. DO NOT delay your wedding. There is no reason you cannot get married within ONE WEEK of the beneficiary's arrival and get the AOS ball rolling. Waiting only delays their benefits and privileges. Do a civil wedding then plan something bigger if you like

[Gary and Alla 3,694]

then why do they not have a process for emergencies for this time. they do once an AOS is filed but not before... that makes no sense to start the entire process over and cause them to do more paperwork.

They do have a process.

Once AOS is filed he has a "status", until then he does not. This is one of the disadvantages of the K-1. There are advantages and disadvantages of each tyoe of visa. Most people ask how long it takes and choose the K-1 because "it is faster".

They don;t care about paperwork...you will pay for it.

[Gary and Alla 3,694]

You should be contacting the US Embassy in Ukraine immediately. Ask about the option of Reissuance of K-1 Visa if your fiance could return before 90 days from the date of the original admission into

the United States in K status.

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.

OK, so in other words if his I-94 is still valid, he MAY be issued a new visa by the consulate. Good info.

[DSDK 1]

Yes, Email the Embassy. You should be talking with them, not us.

I now have e-mailed the embassy, thanks. I came here because I didn't even know this was a possibility, but was hopeful someone here knew something I didn't, which turned out to be the case. Only by coming here did I learn the visa could be reissued by the consulate. Even the branch manager at USCIS didn't know that. But thanks for your help.

[C-ma'am 684]

**Moved from K1 to Working & Traveling During US Immigration

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

They do have a process.

Once AOS is filed he has a "status", until then he does not. This is one of the disadvantages of the K-1. There are advantages and disadvantages of each tyoe of visa. Most people ask how long it takes and choose the K-1 because "it is faster".

They don;t care about paperwork...you will pay for it.

I actually don't know why anyone will still file a K1 knowing all these facts or not getting married a week after entering the US.

[Cathi 5,748]

I hope all works in your favor. Please keep us updated

[Darnell 8,478]

You will need to go through the K-1 process all over again. However, there is no reason for him to be denied becuase he did not use the K-1 the first time around. If nothing else, that you should be applying and going thorugh the process all over again, will only show you are committed to each other. He will not be denied as a result of not getting married this time around.

Good luck!

Eh, not necessarily.

Is quite possible for the IV Unit to re-issue a visa, or issue a new visa, or even EXTEND the current visa,

if'n the Visa Holder arranges for it back with the IV Unit.

Sure, it's rare, not done often, and is a PITA for process, and I'll posit that's why you not know of it 'enough' to write of it when answering folk here at VJ.

There are conditions on this, as well. I pray the OP not take your exact advice, as there is other stuff to be done, taking less time, with the IV Unit.

[JohnR! 5,495]

Eh, not necessarily.

Is quite possible for the IV Unit to re-issue a visa, or issue a new visa, or even EXTEND the current visa,

if'n the Visa Holder arranges for it back with the IV Unit.

Sure, it's rare, not done often, and is a PITA for process, and I'll posit that's why you not know of it 'enough' to write of it when answering folk here at VJ.

There are conditions on this, as well. I pray the OP not take your exact advice, as there is other stuff to be done, taking less time, with the IV Unit.

Yes, fortunately you are right. Let's hope the consulate in the Ukraine takes care of this in an timely manner so the OP can pick up her where she left.