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Michael_88

Submitting new K-1visa petition??

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Hey Visa Journeyer's!!

So I had my K-Visa interview in Montreal on May 13th and my visa was issued on June 5th 2015. The issue is that I had originally did my medical back in January and didn't realise that the day I have my medical coincides with date of POE! So opposed to me getting 6 months to leave for the U.S. after my visa was issued I basically have a little over a month to leave Canada . Anyhow I contacted the US Consulate in Montreal and requested if I could do another medical to extend the validity of my visa but they said that wasn't possible. I would love to leave next month but I have certain work/family obligations to deal with before I make the big move. I see my fiancé about every other month so it could be a lot worse. What should I do at this point? If I opt submit a new k-1 application will the first one affect my second application? Would I just explain what happened at my 2nd interview? I'm trying my best to try and get out of here for July but I just want to know my options and how my choice of staying will affect my case if I resubmit my application. I can't cry over spilt milk at this point in terms of the fees etc. I'll do what I have to do if worse comes to worst. I just want know what to expect if I do go for a round two. If I stay I plan to resubmit everything the day after my original K-1 visa expires. Answers would be great thanks!

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Yes, you could file again. It doesn't impact your eligibility to receive another K-1, but you will most likely need to explain why you did not use the first one. The USC petitioner will also need to include a waiver with the second I-129F. See the form instructions about that.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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I can't imagine starting the process all over again. I had a somewhat similar situation and had to leave my employer in the lurch. He was pretty pissed, but eventually got over it when he realized, as we all do, here, that the US gov calls the shots in our immigration process. Just go, and figure out some way to compromise on/postpone your family and work issues. (You can come back after you get your EAD/AP, work remotely, etc).

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I'm tempted to just go because the process is outrageously long and costly. I was going to use the "6 month window" to save some money up while I'm here in Canada as I won't be working until I get EAD/AP. Also my fiancé was supposed to get a place in the midst of all of that before I was to enter. She lives with her family at the moment where there is no space for me. I have family in New York as well, maybe I can crash with them for a while. Again my issue is I don't know how I feel about waiting for EAD while staying by my relatives it looks sort of bad and my budget is very low at the moment. I'm so sad/confused at this point. If I could've extended my visa I would've done so but that's simply not even an option.

I can't imagine starting the process all over again. I had a somewhat similar situation and had to leave my employer in the lurch. He was pretty pissed, but eventually got over it when he realized, as we all do, here, that the US gov calls the shots in our immigration process. Just go, and figure out some way to compromise on/postpone your family and work issues. (You can come back after you get your EAD/AP, work remotely, etc).

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Yours is a cautionary tale...a good example for others. If you asked 10 people on this forum how long before the K-1 expires, 9 would probably say six months...end of story (myself included). Of course, as you've found out the hard way, that's not always the case. I had to go back and look at mine. Sure enough, six months from the date of my medical. I immigrated fairly quickly after getting the visa, so it wasn't a concern, but I remember looking at it and thinking it was a weird date to expire. Now it makes a lot more sense.

It's also important to note that the medical is only valid for one year, and must be valid when USCIS processes your residency application. So as soon as the medical is done the countdown is on. With AOS taking almost a year (sometimes more) these days, people really should try to plan their medical/interview within a few weeks of their desired date to travel stateside. From there it's a race to get married asap and start the AOS process, or risk their medical expiring before the process is done. Almost 6 months have gone by for you, so even if you do decide to bump up your timetable instead of reapplying, you'll likely still be shelling out for a new medical sometime down the road anyway.

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Yours is a cautionary tale...a good example for others. If you asked 10 people on this forum how long before the K-1 expires, 9 would probably say six months...end of story (myself included). Of course, as you've found out the hard way, that's not always the case. I had to go back and look at mine. Sure enough, six months from the date of my medical. I immigrated fairly quickly after getting the visa, so it wasn't a concern, but I remember looking at it and thinking it was a weird date to expire. Now it makes a lot more sense.

It's also important to note that the medical is only valid for one year, and must be valid when USCIS processes your residency application. So as soon as the medical is done the countdown is on. With AOS taking almost a year (sometimes more) these days, people really should try to plan their medical/interview within a few weeks of their desired date to travel stateside. From there it's a race to get married asap and start the AOS process, or risk their medical expiring before the process is done. Almost 6 months have gone by for you, so even if you do decide to bump up your timetable instead of reapplying, you'll likely still be shelling out for a new medical sometime down the road anyway.

Yes, I don't think a lot of people know that the medical dictates when the visa expires. I remember when I was waiting for the NOA2 (when processing times at TSC was 200+ days) people were discussing how soon to do the medical so they could speed things up before the interview... I wonder how many of them learned the hard way about the medical and expiration date.






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