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Question. My fiance on a K1 has a terminally ill mother and she is distraught and wants to go visit her asap. If we go file for marriage this week, would she be able to return to the US or would she be banned from coming as she wouldnt have the AOS completed. I'm assuming if she left on a K1, even if we were legally married she would not be able to return to the US. Any help would be greatly appreciated.

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If she leaves while on a K1 Visa, married or unmarried.  She will not be able to come back into the country.

 

If she leaves after marrying, she will be required to cancel her current Visa or AOS, and re-apply as a Spouse.  Basically you'll be starting all over.

 

There is one option you may have.  Marry, file for AOS with Advance Parole, try to get your Advanced Parole expedited due to your circumstance, then travel with your advanced parole document.

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31 minutes ago, SkruDe said:

There is one option you may have.  Marry, file for AOS with Advance Parole, try to get your Advanced Parole expedited due to your circumstance, then travel with your advanced parole document.

^^ this

It's really the only option that won't lead to you having to start all over. 

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50 minutes ago, durden2128 said:

Question. My fiance on a K1 has a terminally ill mother and she is distraught and wants to go visit her asap. If we go file for marriage this week, would she be able to return to the US or would she be banned from coming as she wouldnt have the AOS completed. I'm assuming if she left on a K1, even if we were legally married she would not be able to return to the US. Any help would be greatly appreciated.

 

If she leaves now before receiving her GC or her EAD/AP she will NOT be let back in. You will have to start over with a spousal visa and she will have to wait in her country for 12 - 14 months until she gets her visa to come back to the US.

 

It is a tough situation. There are similar cases in the past we have seen. All had to wait it out after their spouse left.

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"She may be able to get the visa re-issued if you DON'T get married before she leaves "" Can you please explain this further in detail. I have never heard this and know nothing about this and am EXTREMELY intrigued but It sounds too good to be true.

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What @JFH provided was an option where you and your wife not get married, she leaves to her country, then she applies for reissurance of the K1 since you did not get married on the current K1.

 

There IS a risk to this, though. There is no guarantee that she will be reissued the current K1 visa. If that is the case, you will have to file for a brand new one.

 

 

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18 hours ago, durden2128 said:

"She may be able to get the visa re-issued if you DON'T get married before she leaves "" Can you please explain this further in detail. I have never heard this and know nothing about this and am EXTREMELY intrigued but It sounds too good to be true.

Click on the link I provided. A very active member on this forum did exactly that - she had to return to her home country BEFORE getting married and she explained how she did it. You should read the whole thread and the information provided by her. 

Edited by JFH

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Another question. If I applied for a AOS fee waiver, would that negatively affect us later down the road when interviewing in person ? I ask because thats a reason why we have not applied for AOS yet as it's going to cost me an arm and a leg to fly my fiance back to Russia.

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55 minutes ago, durden2128 said:

Another question. If I applied for a AOS fee waiver, would that negatively affect us later down the road when interviewing in person ? I ask because thats a reason why we have not applied for AOS yet as it's going to cost me an arm and a leg to fly my fiance back to Russia.

There is no AOS fee waiver for adjustment on a family-based petition.

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My fiancee left 2 weeks after entering the U.S. on his K-1 visa because of a family medical emergency.  I contacted the consulate in Rio de Janero, and they were willing to reissue his visa provided he returned to the U.S. and we married before the expiration date of his original K-1 visa.  He wasn't able to do that, so we needed to begin the entire process for a new K-1 visa.

 

I would suggest contacting the embassy/consulate that issued the K-1 visa and ask if they would be willing to reissue the original visa.

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I had the same thing happens to my fiance/wife while waiting for AOS. Her father died. 

 

We went to the local Immigration Office and asked for emergency Advance Parole. We used her father death certificate as evidence and they granted a Advance Parole the same day.  Perhaps you can do the same if you show some documentation of her family member terminally ill status. 

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1 hour ago, ShekouTraveler said:

I had the same thing happens to my fiance/wife while waiting for AOS. Her father died. 

 

We went to the local Immigration Office and asked for emergency Advance Parole. We used her father death certificate as evidence and they granted a Advance Parole the same day.  Perhaps you can do the same if you show some documentation of her family member terminally ill status. 

This only applies if you have already married and started the AOS procedure. OP is not married yet and by all accounts the matter is so urgent that they don't even have time to get married, start the AOS and request emergency AP. The fiancée wants to travel immediately. 

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