Emergency Travel Document on K1 prior to marriage and AOS

[Maitremathieu 4]

My fiancée recently arrived here on a K1 visa and we haven't had the chance to get married yet, however she just received devastating news regarding her grandmother back home. Preparing for the worst case scenario, I was trying to figure out if there's any possibility for her to get an Emergency Travel Document (as explained here https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel) to allow her to re-enter on the K1 visa prior to us getting married. The situation is fluid and we live in a state with a waiting period for marriage licenses so I'm preparing for the absolute worst case scenario in that she needs to leave before we can marry and apply for AOS. Does anybody know if this is possible? I'm hoping that she doesn't need to travel, but just wanted to get the information to understand what could happen.

[Lil bear 4,181]

18 minutes ago, Maitremathieu said:

My fiancée recently arrived here on a K1 visa and we haven't had the chance to get married yet, however she just received devastating news regarding her grandmother back home. Preparing for the worst case scenario, I was trying to figure out if there's any possibility for her to get an Emergency Travel Document (as explained here https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel) to allow her to re-enter on the K1 visa prior to us getting married. The situation is fluid and we live in a state with a waiting period for marriage licenses so I'm preparing for the absolute worst case scenario in that she needs to leave before we can marry and apply for AOS. Does anybody know if this is possible? I'm hoping that she doesn't need to travel, but just wanted to get the information to understand what could happen.

Not possible. This applies to someone who already has a GC.  Marry then go cr1 route if she needs to leave 

Edited July 6 by Lil bear

[Maitremathieu 4]

That's what I was afraid of. Thank you.

[Crazy Cat 41,804]

It might be possible.  I know of one such case which was re-validated.  Research "Re-validation of K-1 visa".  Read this article carefully  There are conditions.  The issuing consulate would have to agree to revalidation of the K-1 visa.  This could, of course, require a new physical.

 

I am Here on a K-1 Visa: What if I Do Not Want to Get Married? (yeklaw.com)

 

Here is a relevant VJ thread:

 

 

Edited July 6 by Crazy Cat

[Lil bear 4,181]

1 hour ago, Crazy Cat said:

It might be possible.  I know of one such case which was re-validated.  Research "Re-validation of K-1 visa".  Read this article carefully  There are conditions.  The issuing consulate would have to agree to revalidation of the K-1 visa.  This could, of course, require a new physical.

 

I am Here on a K-1 Visa: What if I Do Not Want to Get Married? (yeklaw.com)

 

Here is a relevant VJ thread:

 

 

Agree that revalidation   MAY be possible. It is a totally different approach than the emergency travel document you asked about   Will you would have an answer in time is a bigger question   She  would have to leave before getting married  

Edited July 6 by Lil bear

[Crazy Cat 41,804]

13 minutes ago, Lil bear said:

It is a totally different approach than the emergency travel document you asked about  

Yep.  Exactly.  It all hinges on the discretion of the issuing consulate instead of USCIS.

[ineedadisplayname 496]

6 hours ago, Maitremathieu said:

My fiancée recently arrived here on a K1 visa and we haven't had the chance to get married yet, however she just received devastating news regarding her grandmother back home. Preparing for the worst case scenario, I was trying to figure out if there's any possibility for her to get an Emergency Travel Document (as explained here https://www.uscis.gov/greencard/greencardprocesses/traveldocuments/emergencytravel) to allow her to re-enter on the K1 visa prior to us getting married. The situation is fluid and we live in a state with a waiting period for marriage licenses so I'm preparing for the absolute worst case scenario in that she needs to leave before we can marry and apply for AOS. Does anybody know if this is possible? I'm hoping that she doesn't need to travel, but just wanted to get the information to understand what could happen.

This might sound harsh and heartless for some, so just please ignore it if you feel that way.

 

I think she and you together will need to sit down and make a real hard decision. Definitely be as objective as possible, hold you emotions back and just talk through the scenarios of what IFs and where that leaves the immigration process and your lives together.

 

I know family is family BUT. It is not a parent/sibling so she could prioritize her new life since the process wasn't short to get where the two are right now.

Even if the worst case happen you can still get married at the court house, no fuss, no party just the formality. Start filing the legal stuff and when she feels ready in like 6 months to a year do the "big" wedding if there is one planned.

 

You and her have to decide if you want to to risk it and trying the options others suggested (that post is more than 10 years old so who knows, email the consulate). She could say her goodbye on facetime if that comes to that. There is a lot of emotions here so people make rush decisions and not thinking through the consequences.

 

Unfortunately this is the harsh reality of immigration when somebody gets sick, die, get married etc not always possible to just throw everything away and rush "back home".  I am sure a bunch of people on this forum (including me) went through something like this with loved ones where they had to skip a funeral unfortunately. I don't know where she is from so this might be very deep cultural stuff, but her family also should be understanding of the situation.

 

Best wishes for her grandma and hope she recovers.

 

Edited July 7 by ineedadisplayname

[Maitremathieu 4]

Thank you for all of the helpful advise. It definitely is a situation where tough decisions need to be made. In the end I'm hoping that everything turns out ok, however I'm just a person that likes to have as much information as possible to understand what the worst case scenario *could* look like. I'm doing my best to support my fiancée so she can make what she feels is the right decision.

[Crazy Cat 41,804]

8 hours ago, ineedadisplayname said:

(that post is more than 10 years old so who knows, email the consulate)

There was a successful case within the last 2 or 3 years.  I haven't found it yet.

[Ontarkie 14,214]

The thing about asking to have the visa re-validated. It needs to be in the same 90 day window of the first visa. So if she goes home and then contacts the consulate/embassy there needs to be enough time to get the passport sent back to them, get it re-issued, have her enter back in the US and get married all in the left over original 90 days. 

 

It would make much more sense to get married tomorrow and get the forms sent off ASAP. Once you get the receipt she can try for emergency AP.