k1 - Automatic Revalidation - any past expierience

[JJJ2012 2]

My fiance had to leave for an emergency back to Ukraine after entering the USA under a K1 visa. No re-entry paperwork was submitted. I looked throughout the forums and online and found conflicting info on potential re-entry. Worst case we will have to redo the k1 or begin a CR-1,  I clearly understand. The I-94 shows "ADMIT UNTIL DATE : 8/29/18"

 

This is what i found online - I could not find any forum posts confirming the information, just found a few posts that dead ended. I have sent an email to the Kiev Embassy in the meantime. Any info will help, just would like to not have to go through the entire process again, but if so we will. Hopefully this info can help others with the same question.

 

 

INFO FROM TRAVEL.STATE.GOV

The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the United States. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port-of-entry by CBP, if they meet certain requirements, including, but not limited to the following

• Nonimmigrants with a valid (unexpired) admission stamp or paper Form I-94, Arrival/Departure Record, endorsed by DHS.  (DOES BOTH OF THESE BULLET POINT NEED TO BE MET OR JUST 1???)

• Nonimmigrants who departed the United States for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;

 

 

 

 

INFO FROM US BORDERS/PROTECTION

Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the United States (U.S.) may be admitted at a U.S. port of entry by U.S. Customs and Border Protection (CBP), including, but not limited to the following:

• Non-immigrants with a valid (unexpired) admission stamp or paper from I-94, Arrival/Departure Record, endorsed by Department of Homeland Security (DHS).

• Non- immigrants who departed the U.S., for brief travel to Canada, Mexico, or an adjacent islands, except Cuba (for F and J non-immigrants) for 30 days or less;(DOES BOTH OF THESE BULLET POINT NEED TO BE MET OR JUST 1???)

 

 

 

 

INFO FROM IMMIGRATION.COM

K-1 visa holders are limited to a single entry. May a K-1 visa holder nevertheless take advantage of automatic visa revalidation?

ANSWER: 

Yes. U.S. Customs and Border Patrol (CBP) indicates that there is no law or regulation that precludes K-1 visa holders from benefiting from the automatic revalidation provision, provided all entry requirements and criteria are met, and their K-1 status has not changed since their initial K-1 admission.

 

 

[Crazy Cat 42,570]

If you are married and he left the US before receiving approved Advance Parole,he will be seen as having abandoned his AOS.  You will now have to start from scratch and file for a CR-1.  Estimated time from submission to visa in hand is 12-14 months......Good Luck...

 

If you have not married yet, then you will have to start from scratch with a new K-1.

Edited June 25, 2018 by missileman

[Crazy Cat 42,570]

His I-94 was  only valid for what was his current stay in the US.  Now that he has left the US, he has no valid re-entry document.

Edited June 25, 2018 by missileman

[JJJ2012 2]

5 minutes ago, missileman said:

If you are married and he left the US before receiving approved Advance Parole,he will be seen as having abandoned his AOS.  You will now have to start from scratch and file for a CR-1.  Estimated time from submission to visa in hand is 12-14 months......Good Luck...

 

If you have not married yet, then you will have to start from scratch with a new K-1.

not sure if it would make a difference, but not married. thanks for the quick response.

[Ontarkie 14,554]

It has been done before, but the reason he left needs to be a good one. We don not see it happen very often and I can't say which country has done it. 

 

Plus they will only re issue the visa for the amount of time he has left on the I-94. 

[Crazy Cat 42,570]

1 minute ago, Ontarkie said:

It has been done before, but the reason he left needs to be a good one. We don not see it happen very often and I can't say which country has done it. 

 

Plus they will only re issue the visa for the amount of time he has left on the I-94. 

Thanks.  I have never heard of anyone doing this......

[JJJ2012 2]

I read a post  the visa holder returned to brasil and requested the consulate revalidated their visa and they did. We will see what Kiev consulate says. This situation is rare but hopefully the info can be useful to others. 

[geowrian 22,338]

Did you marry yet? If not, then there is a provision to re-issue a K-1 visa so long as you are still within the original 90 days. It's not easy, but can be done under law.

 

If you have married, then I'm doubtful they would use the re-validation as they no longer are eligible to enter with K-1 status.

[JJJ2012 2]

Non married

[Cyberfx1024 7,980]

11 minutes ago, JJJ2012 said:

Non married

Yeah I think in my time here there had only been one or two cases ever approved for a admittance under the K1 visa and they were due to either a death in the family or a serious illness.

[geowrian 22,338]

13 minutes ago, JJJ2012 said:

Non married

See 9 FAM 502.7-3(C)(7)(e) (https://fam.state.gov/fam/09FAM/09FAM050207.html):

Issuance of subsequent K-1 Visa:  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) 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.  Post should not produce a new additional packet for the K-1 visa holder to present to CBP at the Port of Entry.

[JJJ2012 2]

30 minutes ago, geowrian said:

See 9 FAM 502.7-3(C)(7)(e) (https://fam.state.gov/fam/09FAM/09FAM050207.html):

Issuance of subsequent K-1 Visa:  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) 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.  Post should not produce a new additional packet for the K-1 visa holder to present to CBP at the Port of Entry.

This seems promising,  ill wait for the consulate feedback and reply with this section number if they don't have a more positive response.

[Hypnos 6,578]

Attempting automatic revalidation at the border by CBP is one option. Re-issuance of the original K-1 by the embassy is another option, as posted above. 

 

I'd probably try the second before I went for the first. 

[ddtenor2 80]

7 hours ago, Hypnos said:

Attempting automatic revalidation at the border by CBP is one option. Re-issuance of the original K-1 by the embassy is another option, as posted above. 

 

I'd probably try the second before I went for the first. 

Before we were married, my husband arrived on a K-1 visa and returned to Brazil 2 weeks later for a family medical emergency.  I contacted the consulate in Rio de Janeiro, and they were willing to reissue his K-1 visa provided he returned to the U.S. within 90 days from the date of the original admission to the United States.  They simply asked that he send them his passport, no need for another interview or any face-to-face discussion.  We ended up not having the visa reissued, but began the I-129F process anew 6 months later.

[evapaula 230]

a friend of mine was in this situation - she arrived on K1, got married, and had to go back on a family emergency before they were able to send out the AOS file. They called everyone, but there was no recourse but to start a CR1. Maybe a reissuance of the K1 might work for you, since you're not married yet.