Fiancee had to return home for emergency - future of no visa required for Malaysia?

[studioguitarist 5]

My fiancee was here on her K1 visa but sadly, she had to return to Malaysia before we could get married for some critical medical family issues that required her immediate attention. She had to leave without getting AP (advanced parole) that would allow her return. I suppose our only option now is to completely start the K1 visa process all over again with a new I-129. At least that's the way I read it.

I know that a while back when Obama visited Malaysia, there was talk of dropping the requirement for Malaysia citizens to get a travel visa to enter the USA. I have not heard much on that lately and was wondering if anyone had any news on the topic. I think they were estimating about 18 months until the policy might kick in. Also, I am wondering if the visa requirements are lifted and a travel visa is no longer required for Malaysian citizens, would she be able to come here to visit while we await processing of our second K1 petition?

~Thanks

Edited May 4, 2015 by studioguitarist

[Pitaya 2,577]

Sounds like you are in store for another K1 visa petition process filing. Be sure to contact USCIS and tell them of the circumstances of the current K1 abandonment.

[studioguitarist 5]

What is the best way to contact the USCIS to tell them of the circumstances? Should I use the email address I have for the US Embassy in Malaysia? Or is there a phone number or some other email address I should contact?

[baron555 934]

Contact the Embassy. They may decide to give her another K-1.

[Pitaya 2,577]

If they don't decide to give you another, contact USCIS in writing, documenting the circumstances, and all of the pertinent case numbers, send this letter to the service center that processed your original petition, return receipt/delivery confirmation requested.

[milimelo 4,544]

If she hasn't stayed the full 90 days, the embassy may choose to reissue her K-1 visa (may come with re-intake of documents and a new medical exam) for the remaining number of days left. You need to contact the embassy to see if this is possible.

[Boiler 45,966]

If she hasn't stayed the full 90 days, the embassy may choose to reissue her K-1 visa (may come with re-intake of documents and a new medical exam) for the remaining number of days left. You need to contact the embassy to see if this is possible.

This

Unlikely a predominately Muslim country would be allowed into the VWP. Apart from all the other factors.

[studioguitarist 5]

I wanted to update the forum on our process of applying for our second K1 visa (see earlier in thread regarding family medical emergency resulting in not being able to marry within 90 days and get advance parole for my fiancee to return home temporarily). I wish I could update my timeline, but since we are starting over, I wasn't sure how to do that. I suppose I could just start a new timeline for a second K1, but that might confuse folks. Nevertheless, we were shocked and surprised that the California Service Center (CSC) approved our second I-129f application approximately six weeks after the lockbox receipt number was issued. We were both expecting another long wait for I-129f approval since we were basically starting over. I suppose the extenuating circumstances of having had a K1 visa and then making the decision to lose it so she could return home to help arrange things (critical medical situation with brother and mother), and our thorough documentation of the medical situations resulted in the CSC giving quick approval, for which we are very grateful. The paperwork is on its way to the embassy in KL now, so I expect we will have the second K1 within a few weeks.

It was about nine months to get the first K1, and we were willing to wait another nine if that was what it would take to get another. I'm glad things are moving quickly the second time around, and it was certainly worth going through this again so that she could take care of her critical family needs.

[TBoneTX 45,968]

*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***

[Moderator hat off]

That's great news. Thanks for returning with the update.