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Emergency Departure from US to Mexico Due to Death

By NBF in Working & Traveling During US Immigration

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NBF Contributor

NBF   1

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Have a Mexican national friend who entered the US during October 2013 on a K1 visa and married within the 90 days to her petitioner - a US military member. Although she has been in the US for almost five months, she left short of five months. She had not started her AOS paperwork. She returned to Mexico due to the death of her grandmother and has been told by some that she cannot re-enter the US now.

Questions are:

Q. Has she technically abandoned her status her even though she has not started the application?

Q. Can she obtain a revalidation of her K1 Visa at the US Embassy due to her circumstances?

Q. Since her husband is military, are there any exceptions/assistance available to them?

Q. What are her options to return to the US to be with her husband?

Everything I have reviewed does not show the consequences of having to return home due to an emergency after marriage but prior to applying for her AOS.

Thanks!

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KayDeeCee Grand Master

KayDeeCee   4,893

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Filed: Citizen (apr) Country: Mexico
 Timeline
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She left without filing for AP or receiving her green card. She does not meet the requirements to have the K-1 visa reissued. Her husband will need to now file for a spousal visa in order for her to return to the US.

~ Moved from K-1 Process to Working & Traveling During US Immigration - topic is travel without AP or GC ~

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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She had no status to abandon

She is married you said, K I is for those not married.

Possible expedite, is he being deployed?

CR1

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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Boiler, she married after arriving in the US.

So you said, so why mention a K1?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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KayDeeCee Grand Master

KayDeeCee   4,893

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Filed: Citizen (apr) Country: Mexico
 Timeline
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She left the US after getting married but before filing for AP and AOS. Her husband needs to file an I-130 to start the process for getting a CR-1 visa in order for her to return to the US. She has no valid means of re-entry now, so she will need the spousal visa. Since her husband is in the military, if he is being deployed, then they could file for an expedite of the I-130 based on that, as far as special exceptions go.

Link to K-1 instructions for Ciudad Juarez, Mexico > https://travel.state.gov/content/dam/visas/K1/CDJ_Ciudad-Juarez-2-22-2021.pdf

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Pitaya Grand Master

Pitaya   2,577

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Filed: Lift. Cond. (apr) Country: China
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She left the US after getting married but before filing for AP and AOS. Her husband needs to file an I-130 to start the process for getting a CR-1 visa in order for her to return to the US. She has no valid means of re-entry now, so she will need the spousal visa. Since her husband is in the military, if he is being deployed, then they could file for an expedite of the I-130 based on that, as far as special exceptions go.

Agree with Jay-Kay. :thumbs: Should start the new process for a CR-1 spouse visa, with possible military expedite as described.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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kzielu Experienced

kzielu   1,149

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Filed: Citizen (apr) Country: Poland
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Boiler, she married after arriving in the US.

Yes, and since she did not file AOS, she was out of status. In another threat you can read about somebody's spouse being detained in the very same situation (married, no AOS filed, I-94 expired). Spouse visa is the only option here.

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Boiler Grand Master

Boiler   45,516

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Filed: K-1 Visa Country: Wales
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No

About a year.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

Have a Mexican national friend who entered the US during October 2013 on a K1 visa and married within the 90 days to her petitioner - a US military member. Although she has been in the US for almost five months, she left short of five months. She had not started her AOS paperwork. She returned to Mexico due to the death of her grandmother and has been told by some that she cannot re-enter the US now.

Questions are:

Q. Has she technically abandoned her status her even though she has not started the application? She has no status to abandon as she is married to a USC but has not even started the adjustment of status (AOS). She is accruing over-stay days since the date her I-94 expired. These will be forgiven had she filed for AOS.

Q. Can she obtain a revalidation of her K1 Visa at the US Embassy due to her circumstances? K-1 visa is a one-entry visa and is dead and gone once she crossed into the US at her point of entry (POE). She fulfilled the requirements of the K-1 visa by getting married within the 90 days, but she has no valid document to re-enter the US with. She must stay in Mexico while her husband files for a spousal visa.

Q. Since her husband is military, are there any exceptions/assistance available to them? Maybe, but she did not complete the process by filing for AOS along with the advance parole (AP) and employment authorization document (EAD) which are free with the AOS. She may even of had the AP in time to travel back to Mexico and this issue would not have come up.

Q. What are her options to return to the US to be with her husband? File for a spousal visa.

Everything I have reviewed does not show the consequences of having to return home due to an emergency after marriage but prior to applying for her AOS.

Thanks!

All immigrants must have proper documentation in order to re-enter the US. That is a GC, AP, tourist or other form of visa, or using the VWP. Without proper documentation she will be refused entry. Now that she is married to a USC, the only way for her to get to the US and remain is with a spousal visa. To get a tourist visa and then file for AOS would be blatant visa fraud in this case. If her husband is deployed, she can go with him as his spouse and begin the paper work for the spousal visa. Sorry, but the USCIS and CBP do not care about life situations, only the immigration laws of the US.

Good luck,

Dave

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christeen Experienced

christeen   966

Posted
Filed: Citizen (apr) Country: Italy
 Timeline
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File for CR1 ... Since AOS had not been filed and AP not requested,so out of status, thus, no re-entry... It is illegial to,enter as a tourist with the intent to AOS

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Is it legal for her to apply for a tourist visa and then to AOS if she gets the tourist visa?

Does anyone know how long a spousal visa would take to obtain?

Thanks to everyone for their input.

It's not legal to enter the US on a non-immigrant tourist visa with the intent to immigrate by filing for an AOS.

A spousal visa will take 6-18 months.

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