A Question on a K1 Visa Re-validation? Left the USA without AOS...

[Mike and Maria 15]

Hi Everybody,

My name is Mike and I am a US citizen and the petitioner for my fiance'. She is from the Philippine's

We are some of the fortunate ones who got our visa approved and actually got my true love here to be with me in the USA...

She was issued her K1 visa by the manila embassy in May of 2015, and she first entered the USA on June 17th, 2015.

Her 90 day visa expires on September 14th, 2015

On July 21st, 2015, she had to return to the Philippines for a family emergency. At this time, things appear to be more stable with her family emergency and she should be ready to return in a few days...

Unfortunately, at the time she left the USA, we were not married yet, and we had not filed for the Adjustment of Status.

I read that at the USCIS discretion, a K1 visa may be "re-validated" uder the following conditions:

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.

Does anyone know who we can ask for this exception?, We do intend to marry well within the original 90 day date of her initial admission into the USA.

I have been calling different numbers all day and night... The one person I talked to at the US Embassy in Manila finally told me to contact the DHS/USCIS Visa Waiver section... I have been trying that with no luck at all....

Does anyone know what to do before it is too late?

Thank you for your help and concern!

Mike

[Tahoma 2,292]

I believe you got some bum information from the U.S. Embassy Manila. The consular officers there are the ones who would reissue the visa. They can do so as long as it's done before her original I-94 expires.

You might want to call them again and escalate your call above the tier one person who answers the phone. Or, better yet, email the Embassy and ask them how to set an appointment for your type of situation, and ask them about the cost and the documentary requirements.

Once her visa is reissued, I believe she has to use it (enter the U.S.) before her original I-94 expires.

Good luck!

[Mike and Maria 15]

Thanks Tahoma!

That is what I am doing now... I will be calling the embassy number for the US Travel Docs.... that is what I was told by the first embassy number I called this morning...

I did email the embassy yesterday but no reply as yet...

[Mike and Maria 15]

I also just emailed: IVManilaReplies@state.gov

[KayDeeCee 4,893]

I hope you can contact the correct people. The consulate is who you need to go through to get the visa re-issued. It can, and has been done in Manila > http://www.visajourney.com/forums/topic/478737-re-issued-a-k-1-visa/?p=6911333

[Hank_ 9,174]

Hi Everybody,

My name is Mike and I am a US citizen and the petitioner for my fiance'. She is from the Philippine's

We are some of the fortunate ones who got our visa approved and actually got my true love here to be with me in the USA...

She was issued her K1 visa by the manila embassy in May of 2015, and she first entered the USA on June 17th, 2015.

Her 90 day visa expires on September 14th, 2015

On July 21st, 2015, she had to return to the Philippines for a family emergency. At this time, things appear to be more stable with her family emergency and she should be ready to return in a few days...

Unfortunately, at the time she left the USA, we were not married yet, and we had not filed for the Adjustment of Status.

I read that at the USCIS discretion, a K1 visa may be "re-validated" uder the following conditions:

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.

Does anyone know who we can ask for this exception?, We do intend to marry well within the original 90 day date of her initial admission into the USA.

I have been calling different numbers all day and night... The one person I talked to at the US Embassy in Manila finally told me to contact the DHS/USCIS Visa Waiver section... I have been trying that with no luck at all....

Does anyone know what to do before it is too late?

Thank you for your help and concern!

Mike

You need to get the embassy to re-validate the visa. DHS/USCIS have nothing to do with issuing visas.

[VOL 425]

I would do a walk in to the US Embassy

You might want to go over there, it may help or it may not.

If I was in your shoes I would be headed to Phillipines to resolves this issue........

[Mike and Maria 15]

Wow! Thank you all for the support Yes KayDeeCee, I will utilize the links you gave me right now!

And Hank, THANK YOU! you are 100% correct that it is the embassy's responsibility for all of this to happen...

OMG! I have contacted (in no special order...) The USCIS, DHS, CBP, Both Embassy's, TravelDocs, the Department of State, The NVC... I could go on and on with the email contacts as well.

VOL...I will head over there if I need to... no problem there!

[VOL 425]

Keep us updated on how things progress

Good Luck.......

[Mike and Maria 15]

Okay, I have been on this hard-core for 3 days now...

All leads point to the Embassy in Manila to get this done (Thanks to all!)

The crazy thing is that yesterday when I was on the phone with the embassy in Manila, the officer told me to go to the "Waivers" section, he really didn't tell me why but it looks like I may need to file a I-601 - Application for Waiver on the Grounds of Inadmissibility

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

At this point I am trying to get back in touch with the embassy to find out EXACTLY what forms I need to fill out, what fees need to be paid, and when should I set an appointment at the embassy in Manila...

So frustrating because one department has no clue what the other department is responsible for! I love our country but this is so unbelievable that there isn't a simple guideline to assist us.

I'm in CA so the embassy isn't open yet, BUT I will ask again at the embassy what should I do. It has been shown to me (THanks KayDeeCee!) that it is possible to get this done in the original 90 day K1 period we have already.

OH WELL.... Updates will keep on coming!

[Mike and Maria 15]

OMG! It has been two and a half weeks since I sent the email to the Philippine Embassy!

That is the ONLY option for a K1 Visa re-issuance...

I call there every 3rd day, the staff is always polite to me, but there has been no decision at all!

Also, you CANNOT talk to the immigration Officer who might be deciding your fate...

The Embassy staff just checks the "notes" in our file, and tells me that "your file and request has been escalated to the immigration officer and you should be receiving the emailed decision soon"

Wow! I guess I need to PM the two members on here that were successful in their re-issuance....

Just an update!

[Darnell 8,478]

i thought an email to the iv unit would be sufficient, going over:

1. request for and need for re-validation (2 different things, aye?)

2. giving over bio data and MNL consular casefile # , beneficiary's name

3. carefully going over the dates (Visa issuance date, visa validity dates, there are 2, then I-94 expiration date

4. asking the IV Unit to put her name on the security guard's list for the next day (it's monday there now, ask for tuesday admittance, tuesday to be added to the list)

Put in the first Line of the body of the email, and the last line in the body of the email:

EMERGENCY IV APPOINTMENT NEEDED, FORWARD OR PRINT OUT, GIVE TO VICE-CONSUL IMMEDIATELY

----

failing all of that, she might have some luck with talking with the security guard, clearly stating:

I have to have my K-1 visa re-validated, please talk with a Vice-Consul in the IV Unit now or next, I will wait for you. It's an emergency and 3 weeks of constant contact led to no clear communication with a Vice Consul in the IV Unit.

----

a personal note - I'm sorry I not read this on 22 July when you posted it - my advice might have saved you some time. It's the same advice I've given before on re-validation at Manila IV.

Edited August 10, 2015 by Darnell

[Mike and Maria 15]

Hi Darnell!

Well... part of the issue was that I had been referring to the K1 problem as "Getting the K1 Visa Re-Validated"

During my search for the right place to send the email... I was corrected by the USCIS... I am asking for a "K1 Visa Re-Issuance"

So the email I sent to: support-Philippines@ustraveldocs.com

Do you feel the procedure you gave me is the same?

I am worried because we only have until September 14th...

Plus, Maria lives in Cebu, so I have no problem flying her to Manila, but I should be fairly certain what she should be doing there before she goes...

Thank you for your help and time!

[Mike and Maria 15]

^{So, Maria's visa has already been "USED" for a 1 time entry into the USA... That is why I was told to request a "Visa Re-Issuance"}

^{A Visa "Re-Validation" is when the visa has not been used at all and you are requesting more time to use it...}

[Darnell 8,478]

ya, replace 're-validation' with 're-issuance' in my diatribe above and yer golden.

sorry, i twigged on the wrong label, but the process i've described is the same.

be wary of yer dates, it's my understanding the i-94 is the governing document at the moment, the k-1 visa being a single-use visa document and it was invalidated on her prior entry into the U.S.A.

Edited August 10, 2015 by Darnell