My fiancee had to leave before we could get married on K-1 visa

[aaron2020 11,651]

Holy cow. Welcome to another edition of VJ misinformation. The K-1 can be reissued.

SpyderRyder, you have to act fast. Contact the US Embassy in Brazil. The K-1 can be reissued. You have about 50 days. The K-1 must be reissued before her original 90 days were up; so February 27 is the deadline.

Here is the relevant information from the US State Department (the folks in charge of US embassies and giving out visas);http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N6.3 Reissuance of K-1 Visa (CT:VISA-1547; 09-27-2010) 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, provided the alien fiancé(e) pays a new application processing fee, 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.

[aaron2020 11,651]

In VERY rare cases, an embassy will reissue a K1 that has already been "used." This is not typically done, and would only happen in the event you can prove extreme need for her to have left, and that she will return to the US within the original 90 days. You can try to email the embassy to see if they will do this, but expect that you will need to either restart the K1 process, or go to Brazil, marry her and file a CR1.

How do you know that the K-1 is only reissue in "VERY rare cases?"

[Merrytooth 5,748]

9 FAM 41.81 N6.3 Reissuance of K-1 Visa (CT:VISA-1547; 09-27-2010) 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, provided the alien fiancé(e) pays a new application processing fee, 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.

The word here is 'MAY', it is not a MUST! It is up to the CO's discretion whether they want to reissue you a new K1 or not.

And You probably have to re-submit all the USCIS forms, Police Certificate, Medical check-up for them to re-create the brown K1 envelope handed over during the POE.

[aaron2020 11,651]

The word here is 'MAY', it is not a MUST! It is up to the CO's discretion whether they want to reissue you a new K1 or not.

And You probably have to re-submit all the USCIS forms, Police Certificate, Medical check-up for them to re-create the brown K1 envelope handed over during the POE.

Of course, it's "may." Have you ever heard of a visa that "must" be issued? All visas are discretionary, the US Supreme court said so.

Edited January 12, 2016 by aaron2020

[baron555 934]

How do you know that the K-1 is only reissue in "VERY rare cases?"

I've seen it done a few times, more as of late than before. Usually there is a good compelling reason why the beneficiary needed to return.

[Kastrs 723]

How do you know that the K-1 is only reissue in "VERY rare cases?"

Okay....I have no supporting data for the frequency of times a K1 is reissued, but I have only heard of it a couple of times

I know you have been a longtime member of this forum and are quite knowledgeable and helpful, but sometimes you seem a bit confrontational

[aaron2020 11,651]

I've seen it done a few times, more as of late than before. Usually there is a good compelling reason why the beneficiary needed to return.

Marriage is what puts the kibosh in getting the K-1 reissued.

In the cases where the K-1 visa holder leaves the US, it seems that most have already gotten marry before leaving. This precludes reissuing the K-1. It's the might as well get marry, so we can file for the CR-1 scenario. Very few on VJ seem to leave without marrying and have time left on the 90 days. In the cases where the K-1 leaves without marrying and has time remaining on the 90 days, the K-1 have been reissued. The critical factor for those who didn't get marry is the time remaining on those 90 days which includes the time it takes the US Embassy to act on the request.

[TBoneTX 45,329]

In addition to aaron2020's correct information above:

When possible -- when you know that the K-1 beneficiary has to return home but has the chance to re-enter the U.S. within the original 90 days -- contact the consulate first, to let them know the situation.

[mrstevenl 1]

I dont understand why you didnt just go get married before she left? It takes a few mins at the court house to get married. It is all in hindsight I guess, but that would be my advice to anyone in your situation. Go to the court house get married. Then you have met the terms of the K1, and youd be able to get a waiver for her to leave before her AOE for medical reason.

[aaron2020 11,651]

Okay....I have no supporting data for the frequency of times a K1 is reissued, but I have only heard of it a couple of times

I know you have been a longtime member of this forum and are quite knowledgeable and helpful, but sometimes you seem a bit confrontational

You told the OP that it was very rare for a K-1 to be reissued. I simply asked how did you know that.

[Amhara 460]

My fiancée arrived in the US on Nov. 29, 2015. We had planned to get married this month(January). She started feeling bad and returned to Brasil on Jan. 9 to resolve her medical issues. I started a new job and do not have insurance to help her.

You seem to be getting great advice on this thread! When do you think you will get your health insurance started on your job? One thing that I didn't know (even though I asked - was given wrong information by my HR person) was that I could have added my husband on my health insurance up to 30 days before our marriage and we didn't need an SSN for him. I had scheduled our JOP ceremony before his arrival, so when I had this date, I could have added him. Each insurance policy is different, but you may want to find out what you can do in your situation. I just want to encourage you to look at the forms and requirements yourself rather than asking someone who should know! If I would have read the form rather than relying on my HR rep, I would have been able to add him sooner, but thankfully, our situation isn't difficult as yours is!

[Hypnos 6,576]

Trying to get the existing K-1 re-issued should be your first move.

[aaron2020 11,651]

Trying to get the existing K-1 re-issued should be your first move.

Exactly. There is no downside risk. There's 50 days to get it done. If the K-1 is not reissued, then pursue another K-1 or a CR-1.

[baron555 934]

Then you have met the terms of the K1, and youd be able to get a waiver for her to leave before her AOE for medical reason.

Well, not that easy. There is no "waiver". What one could do is schedule an InfoPass meeting and request for an expedited AP, but all that assume they are ready to file for AOS immediately after the marriage. Plus you need to wait the week or more for the certified marriage certificate to be received.

[AB loves AG 54]

I dont understand why you didnt just go get married before she left? It takes a few mins at the court house to get married. It is all in hindsight I guess, but that would be my advice to anyone in your situation. Go to the court house get married. Then you have met the terms of the K1, and youd be able to get a waiver for her to leave before her AOE for medical reason.

You can only try for emergency AP if you've filed the AOS papers and received your NOA1.