returning home while still on k-1 visa

[Me 2 3]

My fiancee needs to return home (Russia) because her father has fallen ill and she needs to assist her mother. Mother is not in very good health and unable to do all. Fiancee has been here (usa) with me for a month on K-1 visa which will expire in Jan. What do we do for her to be able to leave and return at a later date (unknown)?

bp

[payxibka 10,044]

My fiancee needs to return home (Russia) because her father has fallen ill and she needs to assist her mother. Mother is not in very good health and unable to do all. Fiancee has been here (usa) with me for a month on K-1 visa which will expire in Jan. What do we do for her to be able to leave and return at a later date (unknown)?

bp

Her visa expired upon usage (one time entry) her authorized stay expires in January (I-94)

The unknown will be an important criteria...

Marry.. file AOS (I-485) immediately (including advance parole I-131)... after receipt of I-485 make an infopass appointment at your local office and request emergency advance parole... If given, she can travel and return (I would not reccomend a stay out of more than 6 mos.)

Otherwise she leaves and you begin again... either for a second K-1 (assumes no marriage) or a spousal visa (assuming a marriage)..

Edited November 4, 2008 by payxibka

[Chica Yeyé 41]

payxibka is exactly right. those are your 2 options since K-1 is a one-entry only visa/

1, marry, apply of AOS and Advanced Parole.

2. She leaves, you begin again.

[cdn_in_wa 1]

My fiancee needs to return home (Russia) because her father has fallen ill and she needs to assist her mother. Mother is not in very good health and unable to do all. Fiancee has been here (usa) with me for a month on K-1 visa which will expire in Jan. What do we do for her to be able to leave and return at a later date (unknown)?

bp

Her visa expired upon usage (one time entry) her authorized stay expires in January (I-94)

The unknown will be an important criteria...

Marry.. file AOS (I-485) immediately (including advance parole I-131)... after receipt of I-485 make an infopass appointment at your local office and request emergency advance parole... If given, she can travel and return (I would not reccomend a stay out of more than 6 mos.)

Otherwise she leaves and you begin again... either for a second K-1 (assumes no marriage) or a spousal visa (assuming a marriage)..

This is possible if her father is extremely ill. You will need a note from the doctor or something proving the illness is severe.

I think this is the best route for you to try, though. Once you have the NOAs, you can go to the local office and hope they will give you emergency AP.

I got mine on the spot. I took a letter from the doctor and proof of relationship (in my case it was my brother). I did have to go out of the USCIS building and get photos in order to get the AP produced. So I would recommend investing in a set of photos before you go to the infopass, so you are prepared should they decide to approve the AP.

[Mononoke28 134]

Without Advance Parole, she can go to Russia but won't be able to come back to the US.

Diana

[Chica Yeyé 41]

Still he hasto apply for AOS before anything. Without I-845 receipt, there is no Infopass.

[Me 2 3]

From what i have found about these forms, as suggested, i-485 & i-131 we have no time for these. Marina will be leaving Sunday 16th for Russia. I have her booked for a return flight in Feb. (hopefully). What can i do NOW that will help with her return as far as any future documents are concerned, if anything. Something that i can give her to take back to the Embassy in Moscow that may help us. Photos of us together here in my town? Forms i can download and should sign. Anything to avoid cost of sending packages to her later in the mail and that can help with the return visa? When she arrived here she brought the packet that she took to the Embassy for her intial interview. She will take this back,.. but what else would be good to have aside from the 2 forms mentioned above? Will it be possible for her to make the return flight that is booked in Feb.?

bp

[payxibka 10,044]

From what i have found about these forms, as suggested, i-485 & i-131 we have no time for these. Marina will be leaving Sunday 16th for Russia. I have her booked for a return flight in Feb. (hopefully). What can i do NOW that will help with her return as far as any future documents are concerned, if anything. Something that i can give her to take back to the Embassy in Moscow that may help us. Photos of us together here in my town? Forms i can download and should sign. Anything to avoid cost of sending packages to her later in the mail and that can help with the return visa? When she arrived here she brought the packet that she took to the Embassy for her intial interview. She will take this back,.. but what else would be good to have aside from the 2 forms mentioned above? Will it be possible for her to make the return flight that is booked in Feb.?

bp

The only other possibility would have been to get the Embassy to re-validate the K-1 for a second entry... However this secong entry, if approved, would have to occur before the original 90 day clock expired that began upon her first entry... Based on you facts and inability to secure AP before she departs... you are SOL.... without AP before she leaves, there is no chance of her coming back anytime soon....and will need to start the nearly one year prcess over ......

If you want, you need to talking to Moscow for help... but do not get your hopes up.

Edited November 10, 2008 by payxibka

[*JG* 2]

My fiancee needs to return home (Russia) because her father has fallen ill and she needs to assist her mother. Mother is not in very good health and unable to do all. Fiancee has been here (usa) with me for a month on K-1 visa which will expire in Jan. What do we do for her to be able to leave and return at a later date (unknown)?

bp

Her visa expired upon usage (one time entry) her authorized stay expires in January (I-94)

The unknown will be an important criteria...

Marry.. file AOS (I-485) immediately (including advance parole I-131)... after receipt of I-485 make an infopass appointment at your local office and request emergency advance parole... If given, she can travel and return (I would not reccomend a stay out of more than 6 mos.)

Otherwise she leaves and you begin again... either for a second K-1 (assumes no marriage) or a spousal visa (assuming a marriage)..

Yes. That's it exactly.

I've seen a few people do this before and it's been a real nightmare to fix after the fact. Please prepare before to avoid a lot of problems later.

[Me 2 3]

How are you expected to be back at your home (A.S.A.P.) because of an emergency when you have to fill out documents, mail documents and wait for a decision and the documents to return to you? The emergency would no longer be an emergency by this time! This is ridiculous and impossible. People do have unexpected reasons to return home. We've already jumped thru all the hoops to get where we are today, Approved, so why is it required to do again because of a family emergency that surfaced Nov. 1st. Surely there is a more reasonable way. Why can i not just fill out the forms, do all that is necessary on my end and mail them to her to take to her Embassy for approval so she can return in Feb.? Why make such a simple & understandable thing so difficult during an unpleasant time?

[payxibka 10,044]

How are you expected to be back at your home (A.S.A.P.) because of an emergency when you have to fill out documents, mail documents and wait for a decision and the documents to return to you? The emergency would no longer be an emergency by this time! This is ridiculous and impossible. People do have unexpected reasons to return home. We've already jumped thru all the hoops to get where we are today, Approved, so why is it required to do again because of a family emergency that surfaced Nov. 1st. Surely there is a more reasonable way. Why can i not just fill out the forms, do all that is necessary on my end and mail them to her to take to her Embassy for approval so she can return in Feb.? Why make such a simple & understandable thing so difficult during an unpleasant time?

I think you are missing the process for emergency AP... Yes, the marriage MUST have occured and the AOS documents (including the interim benefits) NEED to be filed and receipted, but you can get an expedited decision on the I-131. I instead of the 90 days, it could be 2-3 weeks. Unfortunately you are not positioned for that.