What happens if my fiance travels back to her country?

[panthai 0]

My Fiance has an emergency to fly back to Thailand. Her grandmother is very ill and may not have long to live. She arrived in the US two weeks ago, we were planning to wed next month and start AOS papers. She wants to go back to see her grandmother this weekend.

What happens now? Should I call USCIS to cancel the K-1? If we do the K-1 all over again, are there any penalty for which she has to wait to reapply again?

Thank you for anyone that can answer or come up with a solution.

[Yodrak 7]

dakineman,

Two suggestions:

- See 9 FAM 41.81 Notes, N6.3. Then contact the IV unit of the consulate in Bangkok, talk to an authoritative person, and see if they will do this for you.

- Contact Bill White in Bangkok to see what advice or assistance he can offer.

White & White Ltd.

U.S. Immigration Consultancy

New ITF Tower, 17th Floor, #3

140/36 Silom Road, Bangrak

Bangkok 10500, Thailand

Telephone 66 (0) 2231-6466

There's no open issues involving the USCIS at this point - what are you thinking about when you write, "Should I call USCIS to cancel the K-1?"

Yodrak

My Fiance has an emergency to fly back to Thailand. Her grandmother is very ill and may not have long to live. She arrived in the US two weeks ago, we were planning to wed next month and start AOS papers. She wants to go back to see her grandmother this weekend.

What happens now? Should I call USCIS to cancel the K-1? If we do the K-1 all over again, are there any penalty for which she has to wait to reapply again?

Thank you for anyone that can answer or come up with a solution.

[panthai 0]

My Fiance has an emergency to fly back to Thailand. Her grandmother is very ill and may not have long to live. She arrived in the US two weeks ago, we were planning to wed next month and start AOS papers. She wants to go back to see her grandmother this weekend.

What happens now? Should I call USCIS to cancel the K-1? If we do the K-1 all over again, are there any penalty for which she has to wait to reapply again?

Thank you for anyone that can answer or come up with a solution.

Yodrak, I know this is a stupid question but how do I find 9 FAM 41.81 Notes, N6.3.? thank you

[aussiewench 9]

Ok I found this in VJ FAQ..........but some of the info in there is outdated. I am going to post it to see if perhaps there is some feedback as to whether any other cases have been heard of as there is only one known case mentioned.

5.13)...My fiance had to return home because of a family emergency just a couple weeks after arriving. Due we have to go through this entire process again in order for him to come back to the US?

A...Hopefully not. A K1 visa may be re-validated by the Consulate if the fiance is not yet married. The re-validated visa will still expire the same date as the original, and you must be married and file for Adjustment 90 days from the original first entry. As part of this process, you will probably fill out another OF-156 non-immigrant visa application and pay another visa application fee.

FAQ Note: Revalidating a K1 has been done only once in the newsgroup experience, early in 2000. The Consulate was unwilling to cooperate, and help from the US Citizens Congressional Representative was required to achieve success. The Representatives office contacted the State Department to verify the situation regarding revalidation. Correspondence between the Representatives office and the Consulate helped assure the revalidation. The revalidation process took about two weeks.

My Fiance has an emergency to fly back to Thailand. Her grandmother is very ill and may not have long to live. She arrived in the US two weeks ago, we were planning to wed next month and start AOS papers. She wants to go back to see her grandmother this weekend.

What happens now? Should I call USCIS to cancel the K-1? If we do the K-1 all over again, are there any penalty for which she has to wait to reapply again?

Thank you for anyone that can answer or come up with a solution.

Yodrak, I know this is a stupid question but how do I find 9 FAM 41.81 Notes, N6.3.? thank you

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 six-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.

http://foia.state.gov/masterdocs/09fam/0941081N.pdf

[Yodrak 7]

dakineman,

Ask Bill White.

Or Ask Jeeves (or Google)

Or look here.

< http://foia.state.gov/masterdocs/09fam/0941081N.pdf >

Yodrak

Yodrak, I know this is a stupid question but how do I find 9 FAM 41.81 Notes, N6.3.? thank you

[panthai 0]

Thank you all for everything I will read up on it and see what happens, you guys are super, thanks

[Jasman0717 9]

Try the emergency advanced parole, that is the only way she will be allowed back here. Otherwise you will have to start all over again

[bly 0]

Try the emergency advanced parole, that is the only way she will be allowed back here. Otherwise you will have to start all over again

OP can't do advanced parole as they aren't married yet.

The consulate can/may reissue the K1 if she can get back to the USA before the 90 days expires from entry on the first visa. I wouldn't want to try to go this route... but it is possible.