Re-entering to US after visa K1 without mariage?

[Sher&Alex 0]

Hello everybody,

I got visa K1 in july 2009 and got US the 17 July. I came back to my country 10 August and I hear I cannot to re-enter in the US now? That is true? My fiance and I didn't apply for marriage yet. I guess it's not possible after mariage until get the Greencard?

Thank you for your help

[Carol and Bruno 0]

Hello everybody,

I got visa K1 in july 2009 and got US the 17 July. I came back to my country 10 August and I hear I cannot to re-enter in the US now? That is true? My fiance and I didn't apply for marriage yet. I guess it's not possible after mariage until get the Greencard?

Thank you for your help

You entered with the K-1, did not get married, then went back to your country and want to reenter again? Is that correct? If so, you will have to start the process all over again for a K-1 or if you fiance goes to your country and it's possible for the two of you to marry, then you can file the CR-1.

[Kinito_2k3 5]

Hello everybody,

I got visa K1 in july 2009 and got US the 17 July. I came back to my country 10 August and I hear I cannot to re-enter in the US now? That is true? My fiance and I didn't apply for marriage yet. I guess it's not possible after mariage until get the Greencard?

Thank you for your help

Indeed you cannot re-enter the USA on your K1 visa once you've used it. As soon as you enter the US land on a K1, the Visa expires immediately and is replaced by the I-94 that you had in your passport. When you left, your carrier took the I-94 out of the passport Since your K1 is a single entry visa, you cannot re-enter the US using it. You should have remained in the country until issuance of your Green Card or issuance of your advance parole document.

The only choice that I see now for you to go back to the US, marry and adjust in the legal path is to refile an I-129F and go through the whole process again

Hope this helps!

[Stephen + Elisha 92]

Hello everybody,

I got visa K1 in july 2009 and got US the 17 July. I came back to my country 10 August and I hear I cannot to re-enter in the US now? That is true? My fiance and I didn't apply for marriage yet. I guess it's not possible after mariage until get the Greencard?

Thank you for your help

The K-1 is a single-entry visa. If you leave before marrying AND applying for adjustment of status AND receiving your green card or advance parole, you cannot enter again on the K-1.

You can apply to the consulate that issued your K-1 visa (Paris, I'm assuming?) to revalidate it. In certain circumstances (usually bona fide emergencies) they will do this, though they are under no obligation to do so. To have a chance at this, you will have to show that there was a compelling reason for you to depart the US before marrying and applying for AOS. Further, the revalidation does not reset the clock—the visa will only be good for the remainder of the 90 day period that began when you first entered (17 July).

If this doesn't work, you will have to start over with a new I-129F or marry outside the US and file an I-130 for CR-1 status.

Edited August 11, 2009 by Stephen + Elisha

[thepizzadude 26]

Hello everybody,

I got visa K1 in july 2009 and got US the 17 July. I came back to my country 10 August and I hear I cannot to re-enter in the US now? That is true? My fiance and I didn't apply for marriage yet. I guess it's not possible after mariage until get the Greencard?

Thank you for your help

If you are saying you entered on a K1 visa a left before you got married then the answer is NO you will not be able to enter the US on that visa again.

You must get married within 90 days of entry and then file Adjustment of Status and Advanced Parole which allows you to travel after you receive the AP which is generally 60-90 days after you file AOS.

[Anh map 2,098]

K1 is a single use visa. It was invalidated when you entered the US in July.

You will have to start the process again. At this point, it may make more sense for you to marry in France and apply for the CR1 visa.

Someone else can give input regarding the likelihood of you being able to enter the US under the visa waiver guidelines as you have clearly demonstrated immigrant intent.

[baron555 934]

Hello everybody,

I got visa K1 in july 2009 and got US the 17 July. I came back to my country 10 August and I hear I cannot to re-enter in the US now? That is true? My fiance and I didn't apply for marriage yet. I guess it's not possible after mariage until get the Greencard?

Thank you for your help

Yes you two really did not know the requirements of the K-1 visa. Now you have to stay in your country and do it all over again.

Didn't you know the requirements of the K-1?

[Penguin_ie 6,000]

If you mean enter the USA for other purposes (as a tourist etc), you cannot use the VWP now that you have a US visa in your past. However, you can aply for a B2 tourist visa.

[Sher&Alex 0]

aie aie aie... thank you for your answers. How do you know about the possibility to revalidate the K1? Did you already have or to know a similare experience like this?

My fiancee and I are collapsed... Whe have a little boy who is just 2 months ago ... I had a problem of bank, my credit card has been hacked in US and it was complicated to handle this situation from the US. I just got today the police record in France. I came back in emergency cause I was afraid to lose the money I saved hard to get Us and take of the baby... What drame

Hello everybody,

I got visa K1 in july 2009 and got US the 17 July. I came back to my country 10 August and I hear I cannot to re-enter in the US now? That is true? My fiance and I didn't apply for marriage yet. I guess it's not possible after mariage until get the Greencard?

Thank you for your help

The K-1 is a single-entry visa. If you leave before marrying AND applying for adjustment of status AND receiving your green card or advance parole, you cannot enter again on the K-1.

You can apply to the consulate that issued your K-1 visa (Paris, I'm assuming?) to revalidate it. In certain circumstances (usually bona fide emergencies) they will do this, though they are under no obligation to do so. To have a chance at this, you will have to show that there was a compelling reason for you to depart the US before marrying and applying for AOS. Further, the revalidation does not reset the clock—the visa will only be good for the remainder of the 90 day period that began when you first entered (17 July).

If this doesn't work, you will have to start over with a new I-129F or marry outside the US and file an I-130 for CR-1 status.

[Stephen + Elisha 92]

aie aie aie... thank you for your answers. How do you know about the possibility to revalidate the K1? Did you already have or to know a similare experience like this?

My fiancee and I are collapsed... Whe have a little boy who is just 2 months ago ... I had a problem of bank, my credit card has been hacked in US and it was complicated to handle this situation from the US. I just got today the police record in France. I came back in emergency cause I was afraid to lose the money I saved hard to get Us and take of the baby... What drame

Check the last item on the FAQ at http://www.visajourney.com/faq/k1k2visa-enter.html and this recent thread: http://www.visajourney.com/forums/index.php?showtopic=200111

Contact your consulate, and be prepared to have your US citizen fiance contact his congressman and/or senators for assistance.

Good luck!

[Nik+Heather 122]

You can apply to the consulate that issued your K-1 visa (Paris, I'm assuming?) to revalidate it. In certain circumstances (usually bona fide emergencies) they will do this, though they are under no obligation to do so. To have a chance at this, you will have to show that there was a compelling reason for you to depart the US before marrying and applying for AOS. Further, the revalidation does not reset the clock—the visa will only be good for the remainder of the 90 day period that began when you first entered (17 July).

If this doesn't work, you will have to start over with a new I-129F or marry outside the US and file an I-130 for CR-1 status.

This agrees with what I have read. Though I have not read on VJ from anyone who was successful. Definitely get in contact with the Paris embassy ASAP!! The user GingerCat is likely going to have a similar issue, but she needs to take care of court appearances, so somewhat different circumstances.

aie aie aie... thank you for your answers. How do you know about the possibility to revalidate the K1? Did you already have or to know a similare experience like this?

My fiancee and I are collapsed... Whe have a little boy who is just 2 months ago ... I had a problem of bank, my credit card has been hacked in US and it was complicated to handle this situation from the US. I just got today the police record in France. I came back in emergency cause I was afraid to lose the money I saved hard to get Us and take of the baby... What drame

I am not sure how well that will hold up, but if there is any way to show that you were required somehow to appear in person rather than being able to effectively protect your interests by phone, it will probably go a long way. Unfortunately your child is not going to be much help -- they are notoriously unsympathetic to that sort of situation.

I hope things work out! It would be a real bummer to have to start again.

[SCFsnoopy 0]

If you mean enter the USA for other purposes (as a tourist etc), you cannot use the VWP now that you have a US visa in your past. However, you can aply for a B2 tourist visa.

I'm really not sure that statement is correct... I used the VWP two months after being in the US for over a year on a J-1...

[Anh map 2,098]

If you mean enter the USA for other purposes (as a tourist etc), you cannot use the VWP now that you have a US visa in your past. However, you can aply for a B2 tourist visa.

I'm really not sure that statement is correct... I used the VWP two months after being in the US for over a year on a J-1...

The difference is the intent. Entering on a visitor visa or through visa waiver program with immigrant intent is a violation. The OP was issued a K1 visa already. They clearly would have immigrant intent when entering the US.

[Sher&Alex 0]

thank you so uch for this information!

aie aie aie... thank you for your answers. How do you know about the possibility to revalidate the K1? Did you already have or to know a similare experience like this?

My fiancee and I are collapsed... Whe have a little boy who is just 2 months ago ... I had a problem of bank, my credit card has been hacked in US and it was complicated to handle this situation from the US. I just got today the police record in France. I came back in emergency cause I was afraid to lose the money I saved hard to get Us and take of the baby... What drame

Check the last item on the FAQ at http://www.visajourney.com/faq/k1k2visa-enter.html and this recent thread: http://www.visajourney.com/forums/index.php?showtopic=200111

Contact your consulate, and be prepared to have your US citizen fiance contact his congressman and/or senators for assistance.

Good luck!

[Twisted K 2]

tough situation. i hope it works out for u