Entering on K1, and leaving before getting married

[C-ma'am 684]

**Post moved to Working & Traveling During US Immigration

[SweetSimplicity 1]

Alright, so I just messaged the consulate (embassy is different, it's the consulate that processed our case...gosh I hope I messaged the right authority)..

We're going to call them now. I'll keep you guys posted, thank you for all the support, unfortunately, she really needs to return asap, so I don't think she will agree to stay for a month for the AP...she's really torn.

[ChicagoSarah 127]

Good luck! Hoping for the best possible outcome for you guys!

[SoCalMark 49]

Someone else just had a similar issue, but I can't find that post right now. I believe the conensus was that if she contacts the consulate which issued the visa and explains that she has to leave for an unforseen family emergency and fully intends to return to the States and get married, then they can reissue the visa at their discretion without having to restart the whole process. It's definitely not guarenteed or automatic, but she should contact them as soon as possible.

---------- This is not true ------------

In fact, I WENT to the U.S. Embassy in Manila and you MUST refile and go through the entire process either 129F or get married and refile as I130. I am in the same situation (we were approved) and she was even here for six months. Her father passed away and she needed to go quickly.

[Kev-N-Ann 45]

Take a look at this PDF http://www.state.gov/documents/organization/87391.pdf

Scroll down to page 5 "Reissuance of K-1 Visa"

[volkditty 23]

---------- This is not true ------------

In fact, I WENT to the U.S. Embassy in Manila and you MUST refile and go through the entire process either 129F or get married and refile as I130. I am in the same situation (we were approved) and she was even here for six months. Her father passed away and she needed to go quickly.

If you are married and your wife was in the US for six months before having to leave, that's a very different situation than what the OP is facing. There is a process to reissue a K1 visa if it's still within its 90 days validity, as several people in this thread and related threads have pointed out.

Edited December 31, 2013 by volkditty

[SweetSimplicity 1]

Take a look at this PDF http://www.state.gov/documents/organization/87391.pdf

Scroll down to page 5 "Reissuance of K-1 Visa"

Oh this is great information, I`ve searched everywhere online and didn't find anything like this, you're a lifesaver. we can even print it for extra proof...hopefully it'll help. With the short time limit we're on, seems like this will be the only option..

If you are married and your wife was in the US for six months before having to leave, that's a very different situation than what the OP is facing. There is a process to reissue a K1 visa if it's still within its 90 days validity, as several people in this thread and related threads have pointed out.

If she was here for 6 months..we could've applied for Advanced Parole no problem...but since she only arrived a few days ago, we didn't have time to do the AOS paperwork + civil marriage...etc.

And this unforeseen circumanstance just fell out from the sky.

Life is really unpredictable sometimes.

Thanks everyone for your help and support, it definitely helps us make an informed decision in the short time span we have.

[SweetSimplicity 1]

I looked at a few timelines, and saw that receiving the NOA1 for the AOS takes only a few days in most cases...

and then with an emergency infopass appointment, we might be able to get that advanced parole..I think it's worth a short

But do we file the AOS with CIS in Los Angeles, or in Chicago?

[tangrien 7]

I am so sorry you are in this situation, and I wish you the best of luck. But I'd really exhaust the whole "contact the consulate/embassy to reissue the K-1 visa" idea before sending off an AOS packet. Someone can correct me if I'm wrong, but to go from K-1 to AOS (pending) you need to get married. Some things to consider:

• *Do you have a marriage certificate yet? Many places in the US require a 3 day grace period before a certificate of marriage is valid. I.e., before a civil marriage can take place, or a priest/judge/whatever can sign it. Check if your state has a wait-period. Even if you get the certificate on Thursday (tomorrow your courthouse will almost certainly be closed for New Years), you may have to wait until a few days later to actually get married. However do you live close to a border? In my own state, for example (Florida), this 3-day wait period applies to Florida residents, but people traveling from outside Florida are exempt. Maybe you can travel to a nearby state to avoid a wait-period.

• *You need to have quite a bit of forms, papers, birth certificates, records, and proof of a bona fide marriage to send with your AOS. Hopefully you have those handy, since you're on a K-1 visa anyway so you knew you'd be adjusting status (though you probably didn't expect to do it this quickly, unfortunately ). But if you don't have them ready, you'll need time to gather them.

• *We sent our packet December 26th, and haven't received any response yet that they've even received it. This is normal, and the holidays season probably exacerbates wait times. Unless I don't understand K-1 visas correctly (very possible), you'll send an I-130 and I-485 concurrently, which means you'll send it in to the same place as us (the Chicago lockbox), so you're already behind 5 or 6 days worth of petitions, minimum. So maybe January 8th at the earliest they'll get to you, if you have all the documents ready and send your packet in tomorrow.

• *Add on top of that an infopass appointment, and/or a trip to the local USCIS field office, and you add a couple days more wait time. On top of the fact that you're crossing your fingers that they'll grant you an emergency AP in the first place (which admittedly sounds like something you deserve, and is worth a shot).

I want this to work for you. Based on the advice of others, it seems like contacting the consulate/embassy that issued the original visa is your best bet. However in the interim you can stay busy by getting a certificate of marriage (but don't actually get married until you hear from the embassy), and also you can gather and fill out all the forms/documents/records you need for your AOS packet. That way if the consulate/embassy is a dead end, you can get married and file your AOS packet pronto.

**IMPORTANT** I don't know a lot about K-1 visas, but I am pretty sure you can't be issued one or enter the country with one while you are already married. So don't rush and get married tomorrow or something planning to adjust status unless you are sure the embassy/consulate will not re-issue the K-1! If you get married then that option closes for you!

[SweetSimplicity 1]

I am so sorry you are in this situation, and I wish you the best of luck. But I'd really exhaust the whole "contact the consulate/embassy to reissue the K-1 visa" idea before sending off an AOS packet. Someone can correct me if I'm wrong, but to go from K-1 to AOS (pending) you need to get married. Some things to consider:

• *Do you have a marriage certificate yet? Many places in the US require a 3 day grace period before a certificate of marriage is valid. I.e., before a civil marriage can take place, or a priest/judge/whatever can sign it. Check if your state has a wait-period. Even if you get the certificate on Thursday (tomorrow your courthouse will almost certainly be closed for New Years), you may have to wait until a few days later to actually get married. However do you live close to a border? In my own state, for example (Florida), this 3-day wait period applies to Florida residents, but people traveling from outside Florida are exempt. Maybe you can travel to a nearby state to avoid a wait-period.

• *You need to have quite a bit of forms, papers, birth certificates, records, and proof of a bona fide marriage to send with your AOS. Hopefully you have those handy, since you're on a K-1 visa anyway so you knew you'd be adjusting status (though you probably didn't expect to do it this quickly, unfortunately ). But if you don't have them ready, you'll need time to gather them.

• *We sent our packet December 26th, and haven't received any response yet that they've even received it. This is normal, and the holidays season probably exacerbates wait times. Unless I don't understand K-1 visas correctly (very possible), you'll send an I-130 and I-485 concurrently, which means you'll send it in to the same place as us (the Chicago lockbox), so you're already behind 5 or 6 days worth of petitions, minimum. So maybe January 8th at the earliest they'll get to you, if you have all the documents ready and send your packet in tomorrow.

• *Add on top of that an infopass appointment, and/or a trip to the local USCIS field office, and you add a couple days more wait time. On top of the fact that you're crossing your fingers that they'll grant you an emergency AP in the first place (which admittedly sounds like something you deserve, and is worth a shot).

I want this to work for you. Based on the advice of others, it seems like contacting the consulate/embassy that issued the original visa is your best bet. However in the interim you can stay busy by getting a certificate of marriage (but don't actually get married until you hear from the embassy), and also you can gather and fill out all the forms/documents/records you need for your AOS packet. That way if the consulate/embassy is a dead end, you can get married and file your AOS packet pronto.

**IMPORTANT** I don't know a lot about K-1 visas, but I am pretty sure you can't be issued one or enter the country with one while you are already married. So don't rush and get married tomorrow or something planning to adjust status unless you are sure the embassy/consulate will not re-issue the K-1! If you get married then that option closes for you!

Thank you very much for that post, I had all of those thoughts flowing in my head, but it helps to see them in writing. I'll probably be rereading your post a few times.

-We tried contacting the consulate, but they were closed...we will try again today...(by phone). We emailed them as well. The only other way we'll be able to reach them is after she flies back to Canada, which will render option 2 impossible (marriage+aos..)

-we do have all the documents on hand, she organized all her documents for the interview in a big binder and brought it with her..

-there are quite a few reputable places here in California that issue same-day marriage certificates, so that would be okay

-The only issue is the infopass appointment, there doesn't seem to be any infopass appointments available any time soon..

Also, the risk of have our papers delayed as you mentioned once they reach the Chicago Lockbox is quite possible.

The only reason I'm leaning towards this more than the consulate solution is the fact that obtaining an AP before she leaves is safer than having her leave then find out if the consulate will/will not give her a K1...we will contact them today (if they're open) or tomorrow and hopefully they will give us some good news.

[Zeeshanish 9]

You should be contacting the US Embassy in Canada 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.

Edited January 1, 2014 by Zeeshanish

[Kev-N-Ann 45]

Oh this is great information, I`ve searched everywhere online and didn't find anything like this, you're a lifesaver. we can even print it for extra proof...hopefully it'll help. With the short time limit we're on, seems like this will be the only option..

Be aware that it says "the consular officer may issue a new K visa". It does not say they must, or they will.

[Misha'sgirl 44]

Can't leave without getting married and getting AP, right?

[deltadog 2]

If you get married, immediately get a certified copy of marriage certificate from court (explain circumstances and ask officiant for certificate and deliver to court yourself or accompany him/her to courthouse with certificate in-hand) and already have I-485 packet ready to go with I-131 (Advance Parole)and I-765 (Work Authorization) with a cover letter requesting reason for expedited AP. Also include form G-1145 for email/text notification of NOA. Make copies!!!

Overnight/Priority Mail that sucker!

You cant get AP until i-485 has been accepted by USCIS.

Set an INFOPASS at local office appointment approximately 7 days from the day you mail I-485 to be safe. You should recieve your NOA on or around day 5.

Take NOA and necessary documents to INFOPASS appt to get AP. Show officer your copy of I-485 packet. They will most likely expedite your current I-131 and you wont have to pay for emergency AP.

With this method, you may recieve Expedited AP in as little as 7 days from wedding.

Expedited AP and Emergency AP are two different animals.

[Misha'sgirl 44]

"*You need to have quite a bit of forms, papers, birth certificates, records, and proof of a bona fide marriage to send with your AOS. Hopefully you have those handy, since you're on a K-1 visa anyway so you knew you'd be adjusting status (though you probably didn't expect to do it this quickly, unfortunately ). But if you don't have them ready, you'll need time to gather them." Everything they need to do for AOS is in this link: http://www.visajourney.com/content/k1k3aos AOS should be done asap upon entering USA. People who wait too long have more complications. Plus, who really wants this process to slow down? I don't know about others but, I am not pausing until my fiance becomes a bona fide USC. I don't know about emergency AP but I hope its possible for you guys.