K1 Fiance must return to Mexico. K1 again or K3?

[Emeka13 0]

I'm a US citizen and my foreign fiance must return to Mexico due to a family crisis. We won't even be able to have a civil ceremony before she leaves.

I understand that she will not be able to return to the US on the same K1 visa once she leaves.

To compensate, we plan on having a civil and ceremonial wedding in Mexico, then applying for a K3. I tried checking timelines, but it seems there is an enermous time difference between a US citizen petitioning for a foreign spouse, and a US Permanent resident petitioning for a foreign spouse.

Question 1: How long will it be before my fiance is able to return to the US if we pursue the K3 route?

Question 2: Would my fiance be able to return to the US faster if I postpone the Mexican civil ceremony and re-apply for another K1 VISA?

Thank you.

[kitkat1 5]

I'm a US citizen and my foreign fiance must return to Mexico due to a family crisis. We won't even be able to have a civil ceremony before she leaves.

I understand that she will not be able to return to the US on the same K1 visa once she leaves.

To compensate, we plan on having a civil and ceremonial wedding in Mexico, then applying for a K3. I tried checking timelines, but it seems there is an enermous time difference between a US citizen petitioning for a foreign spouse, and a US Permanent resident petitioning for a foreign spouse.

Question 1: How long will it be before my fiance is able to return to the US if we pursue the K3 route?

Question 2: Would my fiance be able to return to the US faster if I postpone the Mexican civil ceremony and re-apply for another K1 VISA?

Thank you.

there is an enermous time difference between a US citizen petitioning for a foreign spouse, and a US Permanent resident petitioning for a foreign spouse.

Since you are a US Citizen, this isn't an issue.

K1s are faster in Mexico because they don't require an appointment. K3s are currently taking 4-6 months for visa appointments. Since you already filed for a K1, you may encounter IMBRA issues - you should be sure to check into those requirements.

Is there anyway for you to have a fast civil ceremony and apply for emergency AP at your local office? Seems like that might be the best step if there's time.

Not sure how the

[Emeka13 0]

K3s are currently taking 4-6 months for visa appointments

So it takes between four to six months from filing K3 papers to getting a VISA appointment? At least that's better than the 12 months I thought.

Since you already filed for a K1, you may encounter IMBRA issues - you should be sure to check into those requirements

I filed for a K1 in February 2006, and cancelled it (cold feet).

Then I applied for a K1 in October 2006. I sent in a waiver just to be sure, and my fiance received the VISA.

According to IMBRA rules, I'm unsure if I need to wait until February 2008 to file for a K1 again.

Of course, if I were 100% certain they would approve the waiver, I'm certain a third K1 would be my best choice.

I'll post this particular question in the IMBRA section, then, to be tidy...

Thank you for your help!

[jula 0]

I understand that she will not be able to return to the US on the same K1 visa once she leaves.

look into the re-validation of K1. After your fiance leaves, should get her K-1 visa revalidated at the embassy, and will be admitted for the remaining of first 90 days (if she came 30 days ago, go home for 20days an return, you'll have 40 days to get married).

Check with the embassy first. This is a possibility, but rearly used...so there may be problems.

There was a poster here who was sucesfull in getting K1 re-validated. Maybe someone remembers and finds a link.

good luck

[Yodrak 7]

Emeka,

You don't provide any dates, but perhaps this might work for you - if you have not married the consulate can re-issue the K1 visa with an exiration date that does not exceed 90 days from the date of entry using the original K1 visa. In other words, she will have to return to the USA, and you will still have to get married, by the date that is on her I-94.

See 9 FAM 41.81 (Fiance(e)s Notes, N6.3

Yodrak

I'm a US citizen and my foreign fiance must return to Mexico due to a family crisis. We won't even be able to have a civil ceremony before she leaves.

I understand that she will not be able to return to the US on the same K1 visa once she leaves.

To compensate, we plan on having a civil and ceremonial wedding in Mexico, then applying for a K3. I tried checking timelines, but it seems there is an enermous time difference between a US citizen petitioning for a foreign spouse, and a US Permanent resident petitioning for a foreign spouse.

Question 1: How long will it be before my fiance is able to return to the US if we pursue the K3 route?

Question 2: Would my fiance be able to return to the US faster if I postpone the Mexican civil ceremony and re-apply for another K1 VISA?

Thank you.

[Kez/JWolf 6]

Check out the re-validation of the K1.... it is an option that has been used by other in the past.... you will need to know if the crisis back home can be delt with before the 90 days would be up.... and then be ready to do a speedy wedding on her return....

Kez

[YuAndDan 153]

Most consulates will re-issue a K-1 visa if a marriage has not occurred, and the fiancee had to return home before the marriage fr an emergency. This is a question to ask the consulate.

This VJr had one re-issued for the same reasons as you: http://www.visajourney.com/forums/index.php?showtopic=17111

Took me a bit of digging through the Foreign Affairs Manuel:

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/searchRegs/vv_docVie...QueryText=k%2D1

[Emeka13 0]

Thanks, all of you! You've been very helpful! I'll try calling the consulate and see if her K1 can be revalidated.

By the way, anyone know what my options would be if they are unable to validate it in time? A Plan B, if you will

[Kez/JWolf 6]

You would have to reapply for another K1...

Hope the revalidation works out for you...

Kez