Anyway to reissue a K1 after returning? Child medical

[Perry/Elena 0]

Elena was granted her K1 in mid September. She came here immediately.

We had plans to wait until near the 90 days to be sure life together for life was right for both of us.

20 days before her Visa was to expire. We all went to WDW, her 5 yo daughter was drinking water all the time, her skin was feeling funny.

When we got back home after our 7 day vacation, we took her to the clinic.

She was diagnosed with type 1 diabetes, and immediately hospitalized.

After getting out of the hospital, Elena was stressed, I was stressed, life would never be the same...

Her visa was about to expire... our plans for our wedding all messed up. She returned home within the 90 days.

Now we are miserable...

Is there ANYWAY, to have a visa reissued? Are there any real people out there?

I'm thinking about writing the embassy and telling our story with the hospital bills and praying.

Any ideas?

Perry and Elena.

Edited January 21, 2010 by Perry/Elena

[TracyTN 237]

I'm afraid not - at least not in the circumstance you describe. The visa was null and void the moment she entered the US on it - her status was then derived from the I 94 in her passport.

You'll either have to start over again with another K1 or marry and get a spousal visa.

ETA I'm not sure if this answer qualifies me as a 'real person' or not (?!) but I'm afraid that's the answer.

Edited January 21, 2010 by TracyTN

[Ladylethal 12]

Short answer is no.

You can file for the K1 again, with the same steps and waiting time. You can get married in her country and file for a CR-1 as well. But you can't reissue that already approved petition, she left without ever getting married, that visa and the petition that originated it is are no longer valid.

[MRStee 19]

I hope things work out for you.

[Perry/Elena 0]

So not even worth a try?

[Anh map 2,098]

Contacting the embassy to ask is certainly worth doing. A "no" answer won't create a problem if you must petition again.

There have been stories here on VJ about someone returning to their home country for an emergency and then getting a K1 reissued. Those aren't your exact circumstances, but why not ask?

Best of luck.

[Nik+Heather 121]

I haven't heard of too many cases where the visa was reissued, but all of them have criteria that you don't meet:

1. There was an emergency at HOME (ie, not one in the US, as you describe), which compelled them to leave to take care of it

2. There was still time left on their I-94

I seem to remember that they don't really extend your 90 days to get married either, so too much time may have passed.

[Bobby+Umit 161]

Elena was granted her K1 in mid September. She came here immediately.

We had plans to wait until near the 90 days to be sure life together for life was right for both of us.

20 days before her Visa was to expire. We all went to WDW, her 5 yo daughter was drinking water all the time, her skin was feeling funny.

When we got back home after our 7 day vacation, we took her to the clinic.

She was diagnosed with type 1 diabetes, and immediately hospitalized.

After getting out of the hospital, Elena was stressed, I was stressed, life would never be the same...

Her visa was about to expire... our plans for our wedding all messed up. She returned home within the 90 days.

Now we are miserable...

Is there ANYWAY, to have a visa reissued? Are there any real people out there?

I'm thinking about writing the embassy and telling our story with the hospital bills and praying.

Any ideas?

Perry and Elena.

First - sorry about your troubles.

Unfortunately, no - as others have mentioned.

The onus of the K-1 was that you two had the intent to marry (within the 90 days), not use the visa to "test the waters" so to speak.

Your story, sad as it is, will not sway them most likely.

I would suggest, perhaps, for you get married in her country, if you have decided being together is still right for you, then file for the CR-1, as suggested above.

That way, you do not have to worry about the IMBRA rules of the K-1 (waiver for filing 2 or more K-1's in a certain timeframe), and she will be able to have the GC upon her arrival.

Since you did a lot of the legwork for immigration with the K-1, the CR-1 should be no problem to get.

____________________________________________

I know there has been a discussion on this board about using the K-1 90 days in the US as a "try out" period - so I found this FAQ on the USCIS site about the situation:

(For reference - USCIS Nonimmigrant FAQ

The U.S. citizen and fiancé(e) must have decided to marry, not simply wish to have the opportunity to spend time together to decide whether to marry.

So not even worth a try?

You can always try

[Otto 83]

So not even worth a try?

It is possible to have the K-1 Visa revalidated if the Embassy/Consulate sees reason to do so (it is under their authority to do so, or not) and it'd certainly be worth a try, but I would not be terribly hopeful (unfortunately).

Edited January 21, 2010 by Otto und Karin

[Perry/Elena 0]

It is possible to have the K-1 Visa revalidated if the Embassy/Consulate sees reason to do so (it is under their authority to do so, or not) and it'd certainly be worth a try, but I would not be terribly hopeful (unfortunately).

Thank-you for this.... I realize this may be a long shot, but if they have the power to do it...

We have to try, maybe we will get someone with a family member with child diabetes and they know how shoking it is...

it is still in the 6 month window of to travel on the first one... maybe that will help a little too.

[Bobby+Umit 161]

It is possible to have the K-1 Visa revalidated if the Embassy/Consulate sees reason to do so (it is under their authority to do so, or not) and it'd certainly be worth a try, but I would not be terribly hopeful (unfortunately).

Concur - quick search for most of the embassy sites state this:

What if I cannot travel during the validity period of the immigrant visa?

Under these circumstances, you should return the unused visa to the Immigrant Visa Unit with a letter explaining why you were unable to travel. Depending on the reasons, it may be possible to re-issue the visa upon payment of new processing fees and submission of new forms and documents. Requests for re-issuance are evaluated on their individual merits – there is no guarantee that a visa will be re-issued.

Not one mentions if you can do it after you travel and come back from the US. (that I have seen so far)

[john_and_marlene 162]

It is possible to have the K-1 Visa revalidated if the Embassy/Consulate sees reason to do so (it is under their authority to do so, or not) and it'd certainly be worth a try, but I would not be terribly hopeful (unfortunately).

For a K1 revalidation, it is only within the authority of the consulate if the revalidation occurs within 90 days of the original entry. On the rare occassion that they do revalidate a K1, the term of the authorized stay on the new entry is shortened to 90 days after the first entry.

[Perry/Elena 0]

For a K1 revalidation, it is only within the authority of the consulate if the revalidation occurs within 90 days of the original entry. On the rare occassion that they do revalidate a K1, the term of the authorized stay on the new entry is shortened to 90 days after the first entry.

Ouch.... If this is correct.

Have no problem with the timeframe being shortened... but magical days are rather silly...

Guess she should have just over stayed the 90 days and got married later....

[baron555 934]

So not even worth a try?

I don't think so. Even though your situation is heart-rending, it isn't life threatening, etc.

Just do it all over again or go there and get married and file for a CR-1.

[Bobby+Umit 161]

Ouch.... If this is correct.

Have no problem with the timeframe being shortened... but magical days are rather silly...

Guess she should have just over stayed the 90 days and got married later....

That would of been a predicament - she could not AOS, since she entered on a K-1, and didn't marry in the 90 days.

In retrospect, you should of just got married by going to the clerk of courts, to satisfy the requirement of the 90 day rule and go from there.

I am still looking through the FAM to see if there is something you could use, but most it points to it's at the discretion of the embassy.