K1 expired, invalid (not used), Re-issuing

[kellee 6]

12 minutes ago, VetsWife328 said:

Frankfurt is a great Consulate!

i has to have my Visa put on Ice too in 2008.

You will need updated  Affadavit of Support, updated letters of Intent from both of you and explanation why you didn’t use the first issued visa.

i had no problem at all.

First Visa issued May 2007, entry to USA January 2009.

You WILL have another interview as well!

Hey, thanks for your reply! Sounds encouraging. So you think I should already send a new affidavit already now? The embassy said to send my documents, my passport and a letter explaining why I didn't use the first issued visum - THEN they would get back to me with a possible request of further documents in case they need them.

 

And may I also ask what your story was and how exactly your timeline was? Like, is there a "deadline" between when an already issued visum is invalid and the time until which you can have it reissued before you DEFINITELY have to go down the "file for a new K1" route?

 

Thanks, Meg&Andrew, you get it. Sometimes things are not as simple as "hop on a plane and leave already, sheeesh".

 

But regardless of that, thanks to ALL of you guys for your replies and your attempts to help, I really appreciate it and I feel more hopeful now.

Edited December 14, 2017 by kellee

[usmsbow 801]

57 minutes ago, Meg&Andrew said:

I know my husband couldn't just quit his job and get on a plane. In Saudi if you leave like that (without notice),  or with an debts (he had to pay off all credits and credit cards) they can bar you from ever entering the country once again. His entire family lives in Saudi, so he has to be able to go back if needed. We did not want to risk him being banned from ever getting to enter again.  Sometimes it's not always as black and white as just being able to get on a plane and leave. 

 

Being a foreign worker in Saudi Arabia is about as close to the opposite of being a public sector worker in the EU as you can get in regards to legal employment. Just saying.

 

 

Edited December 14, 2017 by usmsbow

[Meg&Andrew 297]

19 minutes ago, usmsbow said:

 

Being a foreign worker in Saudi Arabia is about as close to the opposite of being a public sector worker in the EU as you can get in regards to legal employment. Just saying.

 

 

Did you read the end of my post or just what you wanted?  I said "sometimes it's not always as black and white as just being able to get on a plane and leave" My entire point of sharing my side. All countries are different. Not everyone can just leave. 

Edited December 14, 2017 by Meg&Andrew

[usmsbow 801]

13 minutes ago, Meg&Andrew said:

Did you read the end of my post or just what you wanted?  I said "sometimes it's not always as black and white as just being able to get on a plane and leave" My entire point of sharing my side. All countries are different. Not everyone can just leave. 

 

Yes, I realize that, but to tie it back to the original subject: if I were a CO and a visa applicant in Germany requested a visa extension because s/he claimed s/he couldn't leave his/her job, I'd be skeptical (assuming they didn't provide documentation such as a contract or there were any additional reasons). If I were a CO in Saudi Arabia, I probably wouldn't have that skepticism. That's par for the course there. 

[Russ&Caro 1,549]

Kellee, I wish you the best of luck. Your explanations make it clear to me why you were not able to travel to the US in the allotted 6 months from visa issuance date.

 

One cultural difference you might see in America is that parents are usually expected to take care of themselves as they age, or have the money set aside to hire someone to take of them. This cultural phenomenon is met with disbelief from many other places in the world where children are expected to take care of aging parents.

[Orangesapples 1,954]

9 hours ago, Jon and Sol said:

Really??? Just walk away from your job and get on a plane. Sheesh.

Seriously? So if someone here mentions violating their visa terms he is the anti christ but breaking your contract with your employer and leaving them in a difficult situation is somehow OK? In many countries you sign a contract when you start a job. You can't just break it whenever you feel like it. Your written word must count for something. And your reputation is important, too. Not to mention that in my country, if you pull something like this, you might get terminated for cause and this is a black mark in your employment history that every new employer in the country can see. 

 

Commitment is a two-way street. An employer can't just fire you without cause and without notice and you can't just leave them. I had a two month written notice at my job but I told my boss almost three months in advance before he had invested in a special training for me. 

[Jon and Krissy 452]

23 minutes ago, Orangesapples said:

Seriously? So if someone here mentions violating their visa terms he is the anti christ but breaking your contract with your employer and leaving them in a difficult situation is somehow OK? In many countries you sign a contract when you start a job. You can't just break it whenever you feel like it. Your written word must count for something. And your reputation is important, too. Not to mention that in my country, if you pull something like this, you might get terminated for cause and this is a black mark in your employment history that every new employer in the country can see. 

 

Commitment is a two-way street. An employer can't just fire you without cause and without notice and you can't just leave them. I had a two month written notice at my job but I told my boss almost three months in advance before he had invested in a special training for me. 

I've never called anyone 'the anti-christ.' I'm not part of that whole wackaloon xtian right thing. You must be thinking of someone else.

 

As to the rest? Whatever. I moved heaven and earth to be with the person I love, and would do so again. Yeah, I find it utterly mind-boggling that anyone would choose to stay not to walk away from an employment contract rather than be with the person they love. Additionally, having poked around on the net for a few, it seems those kind of draconian contract provisions are virtually unenforceable in Germany in any case. Therefore, this is an entirely self-inflicted wound.

[NikLR 13,227]

Black mark on employment in a country you don't plan on living in? Lord forbid.  

 

Totally understand taking care of a parent or sibling.  

 

In the USA youll need to get used to being able to be fired for no reason at all with no notice.  This is called "right to work."   Some states have laws that protect workers, and of course there are state and federal laws preventing discrimination but alas many states can hire and fire gleefully for no reason.  And the rest of the world wonders why Americans dont take time off?  Because your boss can kick you to the curb that day without a single reason at all.  Thankfully they are also scared of lawsuits.  Too bad most people cant afford a decent lawyer. 

Edited December 14, 2017 by NikLR

[Orangesapples 1,954]

17 minutes ago, Jon and Sol said:

I've never called anyone 'the anti-christ.' I'm not part of that whole wackaloon xtian right thing. You must be thinking of someone else.

 

As to the rest? Whatever. I moved heaven and earth to be with the person I love, and would do so again. Yeah, I find it utterly mind-boggling that anyone would choose to stay not to walk away from an employment contract rather than be with the person they love. Additionally, having poked around on the net for a few, it seems those kind of draconian contract provisions are virtually unenforceable in Germany in any case. Therefore, this is an entirely self-inflicted wound.

I was referring to the people here who like to throw around the word fraud way too liberally. 

 

The contract might be unenforceable (or might not be) but it's a sign of bad character to just break a commitment because it's convenient for you. Love is important but being an adult involves responsibility towards others and you can't just walk away when it's convenient for you, especially if the employer has treated you well so far. 

 

Would you find it just as mind boggling if someone doesn't want to plan to overstay their tourist visa and adjust even though this means they will be separated from their loved ones for a longer time? 

[geowrian 22,337]

I absolutely get not wanting to burn bridges when you leave. You may want to come back someday. At the same time, I would pursue every possible option to avoid burning bridges while still being with my fiancee. It's a hard decision, but one only the couple involved can really make as to what is best for them.

 

Just now, Orangesapples said:

I was referring to the people here who like to throw around the word fraud way too liberally.

Nobody even remotely mentioned the word fraud here.

Edited December 14, 2017 by geowrian

[Orangesapples 1,954]

4 minutes ago, NikLR said:

Black mark on employment in a country you don't plan on living in? Lord forbid.  

 

Totally understand taking care of a parent or sibling.  

 

In the USA youll need to get used to being able to be fired for no reason at all with no notice.  This is called "right to work."   Some states have laws that protect workers, and of course there are state and federal laws preventing discrimination but alas many states can hire and fire gleefully for no reason.  And the rest of the world wonders why Americans dont take time off?  Because your boss can kick you to the curb that day without a single reason at all.  Thankfully they are also scared of lawsuits.  Too bad most people cant afford a decent lawyer. 

No, it's called at will employment. Right to work is a different concept. 

 

You never know if you will be back to your country. Maybe your marriage won't work out, maybe something unpredictable will happen that will make you go back, maybe you will decide it makes sense for you and your spouse to move there after some time, maybe you're planning on only being in the US for a few years. Whatever, burning bridges is not a good idea. 

[NikLR 13,227]

If I ever move back it will have been more than 5 years after the fact, but this isnt about me.  Most at will states are also right to work states like Colorado.  Dumber than a bag of hammers in my opinion.  Sure you can quit for no reason but they can fire ya too.   

 

Regardless, one black mark wont kill employment for someone forever. It's not a world breaker. We've all had jobs where omg we cant go because the employer is short staffed and we're valuable employees... yeah... I've lost faith in that thinking from experience.  But ya know there's always a first time. 

 

I mentioned before if this is worth redoing the k1 or headed to the CR1 for, by all means keep the job. Best of luck in all your choices. 

[NikLR 13,227]

Sometimes bridges shouldn't be there for whatever reason.  I keep most of mine intact but some arent worth the effort.  Such is life.  Again, best of luck. 

[mallafri76 1,012]

I can totally understand why you couldn’t just walk away from your job. Especially if you actually have a career and want to continue that career after moving to the US, then it’s very important to leave on a good note and having a good reference from your previous job.

 

Anyway, no one can tell you whether or not you’ll be able to get the k-1 re-issued. Of course, it would have been better to speak to the embassy about this BEFORE the visa expired but too late now. At this point, all you can do is request to have the visa reissued and hope for the best. If all else fail, you’ll have to start over with the k-1. Good luck.

Edited December 15, 2017 by mallafri76

[FlashLG 152]

14 minutes ago, mallafri76 said:

I can totally understand why you couldn’t just walk away from your job. Especially if you actually have a career and want to continue that career after moving to the US, then it’s very important to leave on a good note and having a good reference from your previous job.

 

I agree. I had to work a 3 month notice period in my job before leaving the UK, which is a fairly standard notice period for that job level. In fact, in the UK, for senior/ Director level roles, it's not uncommon to have a notice period of 6 months. 

 

I often felt like not going back to my job, instead jumping on a plane before my notice period was up. However, if you do so in the UK then your employer is within their right to claim compensation against you if it leaves them out of pocket (e.g. if they have to pay more to get someone in at short notice to cover your notice period). And even if they don't, they are within their right to refuse to provide a reference to any future employer you may have in the U.S.

 

In this instance, I personally would have given notice in advance and then if your fathers health had worsened/ deteriorated, crossed that bridge when you came to it with regards to working somewhere else/ extended your employment. However, there's no point dwelling on that now and I hope you are able to resolve the issue quickly!