K-1 visa expire question

[Jcantor 0]

My fiance came to the US on a K-1. She had to leave due to her father having heart surgery.  Her visa expires January 2018.  He visa was only good for 1 entry.  What would I need to do to get her back here?  What documentation to submit?

[JFH 12,191]

Did you get married before she left? If not, it may be possible (it has happened before) to get the visa re-issued. If you did get married, the only option now is a spouse visa which takes 12-14 months. 

[Jcantor 0]

JFH, thank you for the quick response.  No we didn't get married.  Who would I contact for a re-issue

[JE57 239]

She would have to visit the Embassy abroad and request that it be re-issued..  However, this likely only works if she returns to the USA before the 90 days passes.  In other words, she would have to be back before the original expiration of her visa.  If that is not possible or the embassy will not re-issue the visa then you'll need to start the K-1 again from the beginning or get married and file for spousal visa

[geowrian 22,338]

For info on the re-issuance, see 9 FAM 502.7-5(C)(7)(e): https://fam.state.gov/fam/09FAM/09FAM050207.html

"e. Issuance of subsequent K-1 Visa:  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) returns abroad prior to the marriage, you 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 to the United States, and provided 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.  To issue this subsequent visa the applicant must pay a new MRV fee and provide a new DS-160.  Using the information in the original petition and the new DS-160 create a new case in NIV, and adjust the validity date to fall within the original 90-day time period. "

[NikLR 13,232]

 http://www.visajourney.com/timeline/profile.php?id=280856

[NoProblem 69]

Happened to me and the embassy wasted our 6 months after initially asserting to reissue and then later apologizing and then asking us to refile K-1.  My fiance had to go back for some emergency after she came here in May of 2016.  I have refiled this July and now waiting over 4 months after NOA1.  She can get it reissued "if she can make it back" within 90 days of her first K-1 issue date.  Although 9 FAM 502.7-5(C)(7)(e) gives two conditional tests and one of them saying if the visa is issued for 6 months then... In our case my fiance's visa was issued for less than 2 weeks duration.  We brought this point to say that 9 FAM 502.7-5(C)(7)(e) did not apply to her (since her visa was not issued for 6 months - rather for a shorter duration) but folks at the embassy still wanted us to apply for a new K-1 and not willing to exercise their consular discretion. 
If she has to leave then it would be a long wait if you consider applying for a K-1 again.  You may also go to court and marry, apply for AOS however, I think (not sure) but you would need (to wait for) advance parole or her work authorization before she can travel abroad.  Confirm this option before you act upon it.

Edited December 4, 2017 by NoProblem

[jan22 3,069]

1 hour ago, NoProblem said:

Happened to me and the embassy wasted our 6 months after initially asserting to reissue and then later apologizing and then asking us to refile K-1.  My fiance had to go back for some emergency after she came here in May of 2016.  I have refiled this July and now waiting over 4 months after NOA1.  She can get it reissued "if she can make it back" within 90 days of her first K-1 issue date.  Although 9 FAM 502.7-5(C)(7)(e) gives two conditional tests and one of them saying if the visa is issued for 6 months then... In our case my fiance's visa was issued for less than 2 weeks duration.  We brought this point to say that 9 FAM 502.7-5(C)(7)(e) did not apply to her (since her visa was not issued for 6 months - rather for a shorter duration) but folks at the embassy still wanted us to apply for a new K-1 and not willing to exercise their consular discretion. 
If she has to leave then it would be a long wait if you consider applying for a K-1 again.  You may also go to court and marry, apply for AOS however, I think (not sure) but you would need (to wait for) advance parole or her work authorization before she can travel abroad.  Confirm this option before you act upon it.

There was no consular discretion to exercise in your case.  There is no provision for re-issusing K-1s that don't meet the criteria, one of which is the original K-1 having been issued as a full -validity (6 month) visa. 

 

And one very important correction to previous posts -- if the visa can be/is re-issued, it will be valid only until the end date on her original I-94, i.e., she must get the visa re-issued and re-enter the US within the same 90-day period she was granted when she entered the US.  It is not related to the K-1 issuance date or the original validity date; rather it is based on her entry date -- the date she used the K-1 to enter the US and the 90-day-to-get-married clock started.

[NoProblem 69]

1 hour ago, jan22 said:

if the visa can be/is re-issued, it will be valid only until the end date on her original I-94, i.e., she must get the visa re-issued and re-enter the US within the same 90-day period she was granted when she entered the US

Correct!

 

Since my fiances visa was not issued with the validity of six months and since embassy did ask us to resubmit her medical examination for K-1 reissue, I asked them if consular discretion could be used.  In the end, I had to refile for her K-1.  

One thing I would like to ask the USEM this time around if they can forgo K-1 interview as they already have biometrics information for my fiance so my trip to Islamabad, Pakistan can be avoided.  I would like to accompany my fiance for her support if they must have her again at the embassy.

[ddtenor2 80]

The same thing happened to my fiancee.  I wrote the embassy in Rio de Janeiro asking about reissuing the visa, and here is their reply to me.

 

Dear Mr. XXXXXXX,

Please send us back the passport of your fiancée and we will proceed with the visa reissuance. Please note that the whole process (Reenter in the United States, Marriage and the conclusion of the adjustment of status) will have to be completed within 90 days of the date of the first entry in the United States, Which occurred in January 17^th 2015.

Regards

 

Immigrant Visa Unit

United States Consulate General

Rio de Janeiro - RJ –Brazil

[NoProblem 69]

Well, this is what I had received when I requested re-issue after 6 months of the initial K-1 issue date.  I could have filed for new K-1 for my fiance earlier if we did not go through this re-issue process for 6 months.  For my fiance, medical takes 2-3 months as she is required to take sputum test every time.

 

In order to move ahead and process this case, our office would like you to submit the following documents.
Updated medical examination report from an Embassy approved physician Your medical has been expired on DD-MMM-YYYY