Biggest F*&C!K* UP EVER in history of VISA JOURNEY. HELP.

[JonasMichaels 0]

WOW. Did we screw up - BIG TIME. Please, no harassment...we already want to hang ourselves - just help, if possible!

Finally Phuong got the pink in HCMC. She got here to the U.S., and as soon as she touched down, her mom got deathly ill. In a panic, I sent her back to VN without checking the rules about that... now, they won't let her back to the U.S.

Someone tell me that our stupid not reading or thinking of rules can be fixed - or are we screwed?? I can't believe we did this... is there any way to explain we were just hyper, excited, confused and didn't realize she couldn't come right back to me? (we didn't marry yet - she was only in the states a few days!!!! and we are still within the 3 month period...HELP!!!!!!!!!!)

HELP. I think we may have ruined our lives.

Jonas

[daboyz 36]

WOW. Did we screw up - BIG TIME. Please, no harassment...we already want to hang ourselves - just help, if possible!

Finally Phuong got the pink in HCMC. She got here to the U.S., and as soon as she touched down, her mom got deathly ill. In a panic, I sent her back to VN without checking the rules about that... now, they won't let her back to the U.S.

Someone tell me that our stupid not reading or thinking of rules can be fixed - or are we screwed?? I can't believe we did this... is there any way to explain we were just hyper, excited, confused and didn't realize she couldn't come right back to me? (we didn't marry yet - she was only in the states a few days!!!! and we are still within the 3 month period...HELP!!!!!!!!!!)

HELP. I think we may have ruined our lives.

Jonas

Someone else can chime in, but I think you're screwed. I'm pretty sure K-1 is a single entry visa, and you didn't file for advance parole. I think you have to start over.

[scandal 951]

First of all, calm down.

Second, you have voided your K1. It's a one entry visa. If you need to leave the country for an emergency such as this, you are supposed to try to get an expedited AP for the purpose BEFORE leaving.

Will you be able to re-enter now? Most likely not. You can try to petition but from my understanding it won't do much good.

Meaning, you'll need to file a new K1 all over again. The current snafu won't prejudice a future filing. It's easy to see you made a reasonable decision to send her home given the family emergency. You'll probably have another 6 months or so apart, but your lives are not over by any means.

Believe me, we see much sadder stories of forcible separation than this on VJ.

Good luck!

[Krikit 1,163]

Contact the Embassy, explain what happened, and see if they will reissue the visa. Contact your Congressperson and see if there is anything that can be done from their end. I would try both those approaches before resigning myself to reapplying. Good luck.

[payxibka 10,044]

you need to go get in contact with HCMC and plead your case... the consulate has the ability to re-validate the visa for another entry under certain circumstances... but it is totally at there discretion and they do not have to do this..... if they do this, the original 90 day clock from the original entry will be what is used to for the marriage deadline....

First of all, calm down.

Second, you have voided your K1. It's a one entry visa. If you need to leave the country for an emergency such as this, you are supposed to try to get an expedited AP for the purpose BEFORE leaving.

Will you be able to re-enter now? Most likely not. You can try to petition but from my understanding it won't do much good.

Meaning, you'll need to file a new K1 all over again. The current snafu won't prejudice a future filing. It's easy to see you made a reasonable decision to send her home given the family emergency. You'll probably have another 6 months or so apart, but your lives are not over by any means.

Believe me, we see much sadder stories of forcible separation than this on VJ.

Good luck!

please, there is a possible work around that he needs to exhaust first... no need to doomsday him yet

[Huong and Phung 0]

Wow, this is bad. I'm so sorry. Hope there is a way to do things. GOOD LUCK JonasMichaels!

[ThaitoUSA 15]

I second Krikit and payxibka. Contact the embassy and explain the situation. If it turns out that they won't revalidate it, do as uscandual has suggested and petition for another K-1 visa. Your lives are certainly not over! I can empathize with your disappointment, but by no means is this a worst case scenario. If it's any consulation, my fiancée and myself have been living apart for over three years. You're looking at just a matter of months.

[Otto 83]

Now would be a good time (good as any) to update your timeline This would be useful to others so they may give you advice.

As stated by several - get in touch with one of your senators (skip the representatives on this one) get them up to speed on what has happened and the timeline.

You'll be better off if you've got entry stamps/I-94, exit arrangements (plane itinerary etc) and any evidence you can get on the mother's illness (hospital, doctors etc). This will give them ammunition to plead your case.

What was the timeline?

• When was the visa issued?
• When did she enter the US?
• When did she leave?

[Anh map 2,098]

As much detail and info as possible about the mother's illness and get a real live person at HCMC to make your case.

This should be a situation where common sense would prevail.

Best of luck.

[Gary and Alla 3,694]

As much detail and info as possible about the mother's illness and get a real live person at HCMC to make your case.

This should be a situation where common sense would prevail.

Best of luck.

I hope your posting is in good faith. Seems impossible one could go through the process and not realize the K-1 is a single entry visa.

At any rate, in addition to comtacting the consultae as suggested, we had been told by the local office that they could issue emergency APs for situations like this. It was something I checked on when Alla arrived as her mother is not in the best of health and a similar thing could have happened to us. I was told that in such a situation to come in, apply for an AP and GO!!!!!!! If necessary they would send the AP to the appropriate consulate for her to pick up. However it assumes you have copies or the original of her I-94 and documentation of the emergency. No sure it would or could work, but an infopass is free and why not check it out as you pursue other options?

As much detail and info as possible about the mother's illness and get a real live person at HCMC to make your case.

This should be a situation where common sense would prevail.

Best of luck.

I hope your posting is in good faith. Seems impossible one could go through the process and not realize the K-1 is a single entry visa.

At any rate, in addition to comtacting the consultae as suggested, we had been told by the local office that they could issue emergency APs for situations like this. It was something I checked on when Alla arrived as her mother is not in the best of health and a similar thing could have happened to us. I was told that in such a situation to come in, apply for an AP and GO!!!!!!! If necessary they would send the AP to the appropriate consulate for her to pick up. However it assumes you have copies or the original of her I-94 and documentation of the emergency. No sure it would or could work, but an infopass is free and why not check it out as you pursue other options?

[Krikit 1,163]

The AP pertains to adjusting status. An AP isn't issued until the AOS has been submitted and received. Since the beneficiary and petitioner did not marry prior to her departure, an AOS wouldn't be applicable in this case. I believe that the jurisdiction for the visa is still in the hands of the Consulate..... not USCIS. These are just my thoughts, however, but I have not yet heard of an AP being granted under other circumstances.

[Susita 175]

I am in agreement with most. Contact the embassy and explain what happened. If there is any proof your fiancee has of her mother's illness this would definetely be required. I hope that they have compassion for your situation & I totally understand why you didn't read the rules - no matter what family is #1 so would it have mattered anyway?

Good luck, I wish you the best and I'm sure you guys will figure out a way to work it out

Also, I'm sorry about your mother-in-law.

[payxibka 10,044]

At any rate, in addition to comtacting the consultae as suggested, we had been told by the local office that they could issue emergency APs for situations like this. It was something I checked on when Alla arrived as her mother is not in the best of health and a similar thing could have happened to us. I was told that in such a situation to come in, apply for an AP and GO!!!!!!! If necessary they would send the AP to the appropriate consulate for her to pick up. However it assumes you have copies or the original of her I-94 and documentation of the emergency. No sure it would or could work, but an infopass is free and why not check it out as you pursue other options?

Please check the criteria for the issuance of AP. AP is an interim benefit between the filing of the I-485 and issuance of greencard... It would not have been available to the OP.

Edited June 2, 2009 by payxibka

[john_and_marlene 162]

The consulate can revalidate the K-1 with the following conditions:

1. You have not yet married.

2. It has been less than 90 days since initial entry.

3. The 90 days to get married is counted from the first entry (it does not start again with the new entry)

4. The new I-94 will only reflect the balance of the original 90 days.

Revalidation is at the discretion of the consulate and is not guaranteed. If there is enough time left, pursue this immediately--the clock is still ticking.

[betazed 0]

Perhaps a copy of the death certificate would help her case as well. I would like to think the US Consulate in HCM would be sympathetic towards an event like that.