Advance Parole Form I-131

[Icechaos 0]

Does anybody know much about this?

[Krikit 1,165]

If you do a bit of reading in the Working & Travelling forum you may get an answer to whatever your questions are.

[Icechaos 0]

If you do a bit of reading in the Working & Travelling forum you may get an answer to whatever your questions are.

I was told by a lawyer that if I went to local senator/congressmen’s office and talked to that person’s immigration aide to explain that my fiancé returned to her country before her fiancé visa had expired because her passport was going to expire some three weeks after she was here in the states that by using this form I-131 that she might be allowed back in the country without having to go to the trouble of filing for a new fiancé visa.

Does anybody know if this might work or will I just have to go talk to senate office building downtown where I live?

[desert_fox 32]

[

I was told by a lawyer that if I went to local senator/congressmen’s office and talked to that person’s immigration aide to explain that my fiancé returned to her country before her fiancé visa had expired because her passport was going to expire some three weeks after she was here in the states that by using this form I-131 that she might be allowed back in the country without having to go to the trouble of filing for a new fiancé visa.

Does anybody know if this might work or will I just have to go talk to senate office building downtown where I live?

You fiancee went home just to get a passport renewed???? She could have done that here.

The US Consulate can revalidate the K-1 visa for another entry, but the original 90 clock is still running. If she is within that 90, she can return. If not, I tend to think that you will have to start all over again.

[TracyTN 237]

[

I was told by a lawyer that if I went to local senator/congressmen’s office and talked to that person’s immigration aide to explain that my fiancé returned to her country before her fiancé visa had expired because her passport was going to expire some three weeks after she was here in the states that by using this form I-131 that she might be allowed back in the country without having to go to the trouble of filing for a new fiancé visa.

Does anybody know if this might work or will I just have to go talk to senate office building downtown where I live?

You fiancee went home just to get a passport renewed???? She could have done that here.

The US Consulate can revalidate the K-1 visa for another entry, but the original 90 clock is still running. If she is within that 90, she can return. If not, I tend to think that you will have to start all over again.

Agreed.

You got some terrible advice. K1s expire the moment it is used at the US point of entry. The person's status is then derived from the I 94 form in their passport. And yes - she could have renewed her passport from within the US.

However, I don't believe the K1 can be 'revalidated' in this instance, as it has already been used, and it is a single entry visa. You'll have to get her some other sort of visa to re-enter. If you didn't marry yet, you'll have to go for the K1 again. Or go marry her in her country and apply for a spousal visa.

Good luck.

[desert_fox 32]

[

You fiancee went home just to get a passport renewed???? She could have done that here.

The US Consulate can revalidate the K-1 visa for another entry, but the original 90 clock is still running. If she is within that 90, she can return. If not, I tend to think that you will have to start all over again.

Agreed.

You got some terrible advice. K1s expire the moment it is used at the US point of entry. The person's status is then derived from the I 94 form in their passport. And yes - she could have renewed her passport from within the US.

However, I don't believe the K1 can be 'revalidated' in this instance, as it has already been used, and it is a single entry visa. You'll have to get her some other sort of visa to re-enter. If you didn't marry yet, you'll have to go for the K1 again. Or go marry her in her country and apply for a spousal visa.

Good luck.

You will find it in the back of the FAM....dont know of anyone who has actually done it, but it is authorized as long as you are still within the original 90 day clock.

I cant possibly see what a Congressman could do in this case. Maybe pre-grease the skids with the State Dept to allow this person access to the Consulate ASAP.

[TracyTN 237]

[

You fiancee went home just to get a passport renewed???? She could have done that here.

The US Consulate can revalidate the K-1 visa for another entry, but the original 90 clock is still running. If she is within that 90, she can return. If not, I tend to think that you will have to start all over again.

Agreed.

You got some terrible advice. K1s expire the moment it is used at the US point of entry. The person's status is then derived from the I 94 form in their passport. And yes - she could have renewed her passport from within the US.

However, I don't believe the K1 can be 'revalidated' in this instance, as it has already been used, and it is a single entry visa. You'll have to get her some other sort of visa to re-enter. If you didn't marry yet, you'll have to go for the K1 again. Or go marry her in her country and apply for a spousal visa.

Good luck.

You will find it in the back of the FAM....dont know of anyone who has actually done it, but it is authorized as long as you are still within the original 90 day clock.

I thought that was only possible in the event that the foreign fiance/e had not yet entered the US. I remember a case recently where a Canadian had theirs revalidated in Montreal because they had misread the validity date on the visa and didn't get themselves in a position to move before that date.

But I'll review the FAM and see for sure what it says.

[payxibka 10,047]

Ummmm... does not the consulate require a minimum amount of time remaining on one's passport before they will issue a visa in the first place? Something like 6 mos. sticks in my mind..... Somehow the facts here don't completely line up... maybe I am wrong......

[TracyTN 237]

desert_fox is right.

http://travel.state.gov/visa/laws/telegram...grams_1437.html

Section N6.3:

"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 fiance(e) has returned abroad prior to the marriage, the consular officer may issue a new K-1 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-1 status."

To the OP: it would be helpful if we had some idea of your timeline as this may not be an option for you now. And also - the language is sort of vague - it says the consular officer 'may' issue a new K1 visa if the 90 day criteria is met. I wonder if they would be less inclined to do so given the circumstances of the return (to get a new passport vs. a family member being terminally ill) or if they simply MUST reissue it if it is within that 90 day window.

[payxibka 10,047]

Tracy,

I think the operative word is "may" and not "must" so it appears to be a bit discretionary... I still struggle with the consulate issuing a visa with so little time left on the passport... unless the passport was issued with 6 mos. and 3 weeks left on it and the fiance(e) waited until the very end of the 6 mos. period to travel to the US... To me it looks like a bit of PPP on the part of the OP and his/her finace(e)...

Edited October 2, 2007 by fwaguy

[desert_fox 32]

Here is the reference in the Foreign Affairs Manual.

......................................

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.

[TracyTN 237]

Here is the reference in the Foreign Affairs Manual.

......................................

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.

We found the same thing, just in 2 different places.

[Icechaos 0]

I appreciate everyone taking time out to fill me in on some details therefore it is only fair that I try and flesh this out a bit. It is true that when my fiancé got the visa she had just a bit more than six months left on her passport which is probably whey US embassy didn’t say anything or point it out to her. Problem was at that time she was very sick and the weather was bad not to mention political situation not great. She also didn’t want to come to the US in the dead of winter so time dragged on a bit. I didn’t know that her passport was about to expire. It was only when she was going to buy tickets to come to US that she found out about the time problems. Of course she came and then called US embassy in Kiev where they told her that she had to return to her country to renew her passport and that there was some procedure she could follow to come back to the US on remaining time left on visa. And since her country has changed its passports it has taken long time to get new passport obviously exceeding the ninety day window on expiring visa. It was only a short while ago that she got her new passport and when she called US embassy they told her that she would have to get a new visa.

So the bottom line to me is that I should probably hire another lawyer.

[payxibka 10,047]

All this is now water over the bridge but calling the US Embassy in Kiev was not the right place to ask a question about the expiration or replacement of a Ukrainian passport... She needed to call the Ukrainian Embassy in Washington DC or one of the Consulate offices located in San Francisco, Chicago or New York. The Ukrainian consulates are here to assist Ukrainian citizens who are resident in this country as well as provide visas for those who want to visit Ukraine (if required).