Leaving US after marriage but before AOS

[rasaco 28]

Hi all, my fiance entered the US and we got married on a K-1 visa, but now an emergency has come up for which he absolutely must go home (China) within the next few days. We have not yet filed AOS. I have read all about the I-131, but my understanding is that this is not an option for us as he cannot wait months to go back for this emergency. Therefore, we are planning to just start the CR-1 process as soon as he has arrived back in China and go through this whole lovely process all over again. Does anyone have experience with a similar situation? Tips? Will our CR-1 case be delayed due to our having already done K-1?

Thanks for sharing your thoughts and experiences!

[Pitaya 2,576]

~Moved from K1 Process to Working and Traveling During US Immigration Forum~

~Similar topics are often discussed at this forum, past K1~

[EM_Vandaveer 2,363]

Before she leaves, can you file for AOS & AP? Once it's filed and you got your NOA1s, you can try an Infopass for an Emergency AP. Worth a try.

[Hypnos 6,576]

They're isn't enough time to do that if he is intent on departing within the next few days.

As you say, you'll need to start over with a CR-1 visa. This will take around a year.

[mallafri76 1,012]

There's a Swedish woman on her who had to go back to Sweden due to medical emergency. She did infopass and got advance parole. Think the whole process for her took like a week, so well worth a try

[rasaco 28]

Thanks for the input guys. I will call USCIS about the infopass timeline for emergency AP.

So, to keep my original question simple, I had stated that we had gotten married, but we are actually still 12 hours away from officially getting married. So now I'm wondering... is it better to hold off on the marriage since getting a K-1 is generally faster than a CR-1? Or would a second K-1 with the same person be viewed as more suspicious than a K-1 and then a CR-1?

I'll also ask these questions of USCIS when they open in the morning, but thanks again for sharing your experiences.

[Hypnos 6,576]

You aren't eligible for Advance Parole until you've filed an i-485.

If you remain unmarried, it's theoretically possible that you could pursue a K-1 visa revalidation.

Again: you must remain unmarried for this to be even an option. USCIS will not be able to help, but you can contact the embassy that issued the K-1 and specifically ask about revalidating his K-1 because of the extenuating circumstances.

9 FAM 41.81:

"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."

If the embassy go for this, they would issue a new K-1 that would only remain valid until the expiry date of his original I-94 from his original K-1 entry. It would by far be the quickest and best option if he absolutely has to return to China temporarily.

Edited June 29, 2016 by Hypnos

[KayDeeCee 4,891]

The K-1 being re-issued is a valid option. You will need to stay unmarried for now, and contact the consulate about getting the K-1 visa re-issued. They may want proof of the emergency that made her him return before getting married and filing for AOS.

https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7_5

9 FAM 502.7-5(C )(7) K Visa Issuance, Travel

(CT:VISA-1; 11-18-2015)
(Previous location: 9 FAM 41.81 PN3.6 b; CT:VISA-1097 10-31-2008)

...

e. Reissuance of K-1 Visa: 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 fiancé(e) has returned 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, provided the alien fiancé(e) pays a new application processing fee, 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.

Edited June 29, 2016 by KayDeeCee

[NikLR 13,220]

He... not her. Lol.

[KayDeeCee 4,891]

He... not her. Lol.

TY, fixed it!

[PhilLuv 43]

Infopass cannot be done if you haven't submitted your i-485. It takes about 10 days to receive the NOA. I was in similar situation where I had to return for an emergency, but weight my situation - money and time already spent. I immediately filed and waited out for the NOA to arrive. Went straight to Philly to get my parole - parole was meant to be for a month but the lady gave me 6 months to return due to my circumstances. I hope you reach the right decision. Good luck.

[newacct 688]

If you file AOS with the G-1145 for electronic notification, you can get the case number by SMS and/or email much earlier than the paper NOA. With that number you can go apply for the emergency AP.

[Unidentified 2,930]

Hi all, my fiance entered the US and we got married on a K-1 visa, but now an emergency has come up for which he absolutely must go home (China) within the next few days. We have not yet filed AOS. I have read all about the I-131, but my understanding is that this is not an option for us as he cannot wait months to go back for this emergency. Therefore, we are planning to just start the CR-1 process as soon as he has arrived back in China and go through this whole lovely process all over again. Does anyone have experience with a similar situation? Tips? Will our CR-1 case be delayed due to our having already done K-1?

Thanks for sharing your thoughts and experiences!

If possible I recommend filing for Emergency Advance Parole. You would have to hurry and get married and file for AOS NOW include the G-1145 so you can get SMS/email notification with the case number.

Your fiance will need to bring the case number (I received mine after 4 days of sending in our application), proof of the emergency, 2 passport photos and $360. Even if you applied for Advance Parole with the AOS he would probably still have to pay as I doubt they have put it into their system yet.

He should go to the local office (no info pass needed) and ask for Emergency Advance Parole and if granted he will receive it then and there. Good luck!

Edited July 1, 2016 by Maria&Seve