Please read!!! need your advice!!!

[Olya2007 0]

Hi my dear fellows VJ's! I have the following situation now;

My fiancé then came on K-1 visa. We got married and submitted documents for AOS. Everything was done in a timely matter.

Then suddenly in one week after we got notice from INS that they got our doc's -we've got a situation that required him to come back to Ukraine. It was a combination of events that we just could not do it differently at that time. We could not wait even one day. So we bought tickets for him and he left.

Now everything is back to normal, and of course we want and need to be together.

I realize what it means to drop the status; I understand that it would be extremely difficult. Just don't know where to start, and if it ever resolvable???????

Anyone who had some experience, or heard about simular situation-please advice!!!

Anyone who thinks I need to hire lawyer-please advise me on names!

Thanks in advance and looking forward for your replies!

[Dias Melhores 0]

I think you will need to start the K1 process over. Did you think about emergency AP before he left? I think some of the other members used it to leave the US before receiving the actual AP...

[rebeccajo 14]

You have to go back to square one and file K3 or CR1 to reunite.

[Kathryn41 3,205]

I think you will need to start the K1 process over. Did you think about emergency AP before he left? I think some of the other members used it to leave the US before receiving the actual AP...

actually, K-1 is only valid if you are unmarried. They got married in the short time he was here, so they have to start the process over again with a K-3 or a CR-1 visa. It sounds from the OP's post that there wasn't time to loose even waiting to get an emergency AP appointment. It is too bad, but unfortunately these are the rules of USCIS.

Edited June 9, 2008 by Kathryn41

[Olya2007 0]

to Dias Melhores- we can't do K-1, we are already married, we could not think of emergency AP, because it was real emergency, time was counted by hours, not even days

to rebeccajo-I also had in mind K3 route, but my paralegal who prepared our doc's for K-1 (she is very experienced and strong specialist), told me that it is practically no way for him to get to US, she told that the only possibility may be if we divorced, and then I go to Ukraine to get marry him again.... That sounds completely devastating to me..

Even if we start with K3 route, what will be with his adjustment of status process? Would be our K3 process harder and look like it has red flags, or it might be quicker since he was already approved recently??

should I hire really good immigration lawyer??

Thanks for replies, still looking forward to hear if anyone had a simular situation?

[LaL 418]

to Dias Melhores- we can't do K-1, we are already married, we could not think of emergency AP, because it was real emergency, time was counted by hours, not even days

to rebeccajo-I also had in mind K3 route, but my paralegal who prepared our doc's for K-1 (she is very experienced and strong specialist), told me that it is practically no way for him to get to US, she told that the only possibility may be if we divorced, and then I go to Ukraine to get marry him again.... That sounds completely devastating to me..

Even if we start with K3 route, what will be with his adjustment of status process? Would be our K3 process harder and look like it has red flags, or it might be quicker since he was already approved recently??

should I hire really good immigration lawyer??

Thanks for replies, still looking forward to hear if anyone had a simular situation?

Sounds like you also need a different paralegal! She cannot be that experienced if she told you that.

You can absolutely file a K3 or CR1 based on your marriage here. Check out the guides for those.

[JaEnglishGirl 34]

You can most definitely file a K3 and bring him back.

I can see nothing at all that would raise a red flag.

On the converse, no the process won't be any easier.

He MAY not have to have the medical again though, depending on when he had his K1 medical.

[pushbrk 12,110]

You can most definitely file a K3 and bring him back.

I can see nothing at all that would raise a red flag.

On the converse, no the process won't be any easier.

He MAY not have to have the medical again though, depending on when he had his K1 medical.

I'm going to join others in confirming that either the CR1 or K3 spouse visa process is fully available to you. Your paralegal was just plain mistaken.

Unfortunately, that's both the good and bad news.

[second stage 14]

My fiancé then came on K-1 visa. We got married and submitted documents for AOS. Everything was done in a timely matter.

Then suddenly in one week after we got notice from INS that they got our doc's -we've got a situation that required him to come back to Ukraine.

I could be wrong about this but can't you file for AP now and then send him the AP approval notice and he can try to use that to enter the country...I don't know if immigration checks if you have AP while you depart the country..can someone correct me on this?

[Earmuffs 1]

I would try that route....

[LaL 418]

My fiancé then came on K-1 visa. We got married and submitted documents for AOS. Everything was done in a timely matter.

Then suddenly in one week after we got notice from INS that they got our doc's -we've got a situation that required him to come back to Ukraine.

I could be wrong about this but can't you file for AP now and then send him the AP approval notice and he can try to use that to enter the country...I don't know if immigration checks if you have AP while you depart the country..can someone correct me on this?

No, the I-131 would have to be approved prior to leaving.

[Sylvia_n_Joseph 3]

Applying for a new visa would mean the whole wait all over again. So they are looking at 6 months or more for a visa ? Could they ask for a hardship waiver ?

[Dakine 26]

Check and see if you can file the I-131 now and have him pick it up at his embassy later.

Seen something like that but not sure what the circumstances were!

Don't need a AP to leave the US. Just to return!~

[Olya2007 0]

Thanks a lot , people, for responding!!!!

I understand now that K3 process is still available option, but many of you are right, it's horrible to imagine the length and the same process all over again :-((,

Thing about AP sent to him sounds very good. But how to find out if it's the option?? I have got his biometrics appt, after he left, so it was never done, if it matters

Just don't know should I ask lawyer about it, or INS?

About hardship waiver , is it something that can shorten the wait should we go K3 route?

[Cassie 8]

Check and see if you can file the I-131 now and have him pick it up at his embassy later.

Seen something like that but not sure what the circumstances were!

Don't need a AP to leave the US. Just to return!~

You can't leave the country before you file AP, while you are waiting for AP, after AP is approved and you don't have the papers yet. You have to have AP in hand before leaving. End of story. That's the rules.

It sucks, but they are going to have to start all over again.