K1 expired, invalid (not used), Re-issuing

[kellee 6]

Hey guys,

 

my K1 was approved this summer after the interview. Per the 6-months rule, I was supposed to enter the US until mid-Dec (which means: by now).

 

As life sometimes unfortunately throws obstacles in the way, my father contacted me during summer and told me about some health and financial issues he's having. Nothing "emergency"-like, but potentially chronic health issues.

 

I am his only child, my parents divorced, he has no partner, so essentially he has no one to take care of him but me.

 

I wanted to wait and see if his health issues cleared up or at least would be manageable enough for me to leave without guilty conscience, or even to see if I would have to organize a few things here before I leave so far away. That dragged out till fall because of blood tests etc.

 

Thankfully, there's a light at the end of the tunnel and it seems manageable.

 

But due to all of that, I didn't (wasn't able to) to quit my job on time (have a lengthy cancellation period of a few months) and now I'm still here even though I was supposed to enter the US already per date of the issued visum.

 

My fiance and I contacted the embassy because I already read on here that in some circumstances, re-issuing the visum is possible. But so far, I've only read about cases where the fiancee either a) already entered the US and then left again before marrying within 90 days or b) emergency cases of relatives.

 

None of that applies to me. I didn't even "use" the visum so to speak, didn't enter the US, and my father's case wasn't an absolute "emergency", yet serious enough for me to wait things out because as I said, potentially he has no one else to take care of him but me.

 

So we contacted the embassy about re-ssuing. They cordially replied that re-issuing is possible in general - I am supposed to send in all my documents with a letter explaining why I couldn't use the (now) invalid visum and then they will decide based on that.

 

So do you guys think there is any hope of me getting the visum re-issued based on your experiences from other cases here or is a re-application likely? I do have some emails from my dad about those health issues as "proof", should I attach them? They're not in English, though.

 

Thanks for any replies as to how to proceed in this case.

Edited December 14, 2017 by kellee

[rhein 451]

Really??? Just walk away from your job and get on a plane. Sheesh.

[gregcrs2 1,777]

If I'm understanding you correctly, at first you could not emigrate due to your father's illness and then you could not emigrate because your job requires a lengthy notice for you to leave your job?  If that is the case, then you should have just quit your job.  Since you would be emigrating to the USA, you should not be caring about a lengthy notice with your employer in your home country.  For that reason, I think you may have a difficult time getting the visa re-issued.  It makes it appear as though you put your job ahead of your future spouse.  You can try to get the visa re-issued and maybe they will do it or maybe not.  Suggest your bring some kind of statement from doctors/hospitals for your father's treatment.  I don't think emails from your dad about his health issues will be much help.  

[NikLR 13,220]

I agree.  Deuces to the job! 

[kris&me 572]

Sounds like the guy who couldn't collect his 8 million lottery wins for 7 weeks because he couldn't get a day off his dishwashing job

you should have just walked away 

why were you worried about the job there?

you were coming here to live and the job there did not affect employment in the US

that part of your reason will not be a good one to send to get a new date on K1 visa

 

and yes, we did see a girl who had her K1 visa reissued 

she came to the US,  was suddenly scared of this move,  went home and then rethought the whole thing

she made a plea to embassy and a new medical and was issued a new visa and is here

[Going through 5,668]

2 hours ago, kellee said:

Thanks for any replies as to how to proceed in this case.

Quit your job.  Like, literally walk out of the office.  Fly to the US.   Easy-peasy.

I'm curious what you do for a living that requires a few months notice to quit employment?

[kellee 6]

I know things work differently in the US and other countries, but here you can't just quit your job on a whim and walk out. I work in the public service / government sector and simply not showing up anymore before the cancellation period is over can have expensive contract breaking fees as a consequence. And yes, in my country, a few months cancellation notice is not uncommon at all. It's actually the norm - workers' protection laws and all that.

 

And why I didn't quit my job earlier: in the worst case, had my dad needed longer financial help or my support with his health issues, I would have been forced to stay here longer anyway, but THEN in that case without a job. So I waited things out - maybe too long, but I can't change the situation now.

 

But thanks for your replies. I'll just try my luck and see how it turns out. The reason with my dad was the primary reason, the job quitting reason and the subsequent difficulties with that were just a consequence of that.

Edited December 14, 2017 by kellee

[NikLR 13,220]

Well it depends on if the contract breaking fees are more expensive than refiling for the K1. 

[usmsbow 795]

1 hour ago, kellee said:

I know things work differently in the US and other countries, but here you can't just quit your job on a whim and walk out. I work in the public service / government sector and simply not showing up anymore before the cancellation period is over can have expensive contract breaking fees as a consequence. And yes, in my country, a few months cancellation notice is not uncommon at all. It's actually the norm - workers' protection laws and all that.

 

 

Workers protection laws usually make it harder for the employer to let an employee go, and don't require the employee him/herself to give such a big advance notice. They're protecting the worker, not the employer. That would defeat the whole purpose of the law. And expensive contract breaking fees with the government? That also sounds odd (except if you're a consultant or contractor). 
 

Anyway, I'm pretty sure the embassy will approve your request. 

[wtrav 34]

Why don't you talk to your direct manager and ask if they can dismiss you now as per mutual agreement?

[RO_AH 1,614]

You will have to find out. I don't think they will re-issue your visa. At that point you will have a couple choices, re-file for a K-1 or get married where you are and file a CR-1. After failing to leave on time for this K-1 I think going for a CR-1 would be a better option as they may not have faith that you will complete it a second time around.Also a CR-1 is a better choice in case something happens and you need to return home to help your father. With a K-1 you will not be able to leave for several months without abandoning the process and starting over a 3rd time.

[NoProblem 69]

The OP already mentioned she kept the job just in case her fathers health condition goes down further.  

 

Although the embassy said they will consider your case for reissue, make sure (do research) they legally can.  For my fiance they said they can and then later apologized since actually they could not.  I had to refile for K-1 for my fiance.

[kellee 6]

1 hour ago, usmsbow said:

 

Workers protection laws usually make it harder for the employer to let an employee go, and don't require the employee him/herself to give such a big advance notice. They're protecting the worker, not the employer. That would defeat the whole purpose of the law. And expensive contract breaking fees with the government? That also sounds odd (except if you're a consultant or contractor). 
 

 

Yes, whether you believe it or not:

 

"These legal provisions apply only by default where there is no collective agreement. The length of notice periods laid down in collective agreements ranges from one week (before the weekend) for newly hired workers (in construction in general and, in some regions, in the metal and private transport industries) to six months before the end of a quarter (in the public service sector)."

https://www.eurofound.europa.eu/observatories/emcc/erm/legislation/germany-notice-period-to-employees

 

(that notice period also applies vice versa, means, for the employee).

 

If you'd like to know more and have some time to spare: https://www.bmi.bund.de/SharedDocs/downloads/EN/publikationen/2014/federal-public-service.pdf?__blob=publicationFile

 

Talking to my manager is useless because we're short on staff already anyways.

 

By contract breaking fees I mean "penalty for breach of contract". If I simply terminated my contract and wouldn't show up anymore, in theory the employer could sue me or take me to court (if it happens in practice is another question, but I don't want to risk it. What if I visit my family here and have an outstanding court order and legal troubles because of that etc.)

 

 

Edited December 14, 2017 by kellee

[Meg&Andrew 297]

I know my husband couldn't just quit his job and get on a plane. In Saudi if you leave like that (without notice),  or with an debts (he had to pay off all credits and credit cards) they can bar you from ever entering the country once again. His entire family lives in Saudi, so he has to be able to go back if needed. We did not want to risk him being banned from ever getting to enter again.  Sometimes it's not always as black and white as just being able to get on a plane and leave. 

[VetsWife328 7]

Frankfurt is a great Consulate!

i has to have my Visa put on Ice too in 2008.

You will need updated  Affadavit of Support, updated letters of Intent from both of you and explanation why you didn’t use the first issued visa.

i had no problem at all.

First Visa issued May 2007, entry to USA January 2009.

You WILL have another interview as well!