Anyway to reissue a K1 after returning? Child medical

[pushbrk 12,157]

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.

Foreigners marrying in Ukraine or any FSU country is extremely difficult. You could look into it but your best bet is to just start over. An explanation will be required for why you are petitioning again and frankly I would expect additional scrutiny of your relationship bona fides.

Absolutely nothing prevented the two of them from staying in the USA and your simple legal marriage to fulfil the terms of the visa. The health problem did not require leaving the USA. It will appear that the truth is the relationship had not progressed to the point where the marriage and being together was the priority it was stated to be in your letters of intent. If things are different now, you may need to convince the Consular Officer of that. Fortunately Kiev is a pretty easy Consulate.

When you begin again, proceed with the understanding that the K1 is for a fiancee, not a girlfriend or dating visa.

[Perry/Elena 0]

Absolutely nothing prevented the two of them from staying in the USA and your simple legal marriage to fulfil the terms of the visa. The health problem did not require leaving the USA. It will appear that the truth is the relationship had not progressed to the point where the marriage and being together was the priority it was stated to be in your letters of intent. If things are different now, you may need to convince the Consular Officer of that. Fortunately Kiev is a pretty easy Consulate.

The truth is... When life throws you one of these curve balls... it is very difficult to be under pressure to make additional life commitments under a timeline... hindsight is always 20/20. We did have every intent to marry in Vegas during the dates her daughter was in the hospital... I'm not perfect... I freaked a little... damn me for that?... should I have done things differently? Hell yes...

I guess... I think the best thing to do ... is send my letter now... if it gets shot down... at least I can include that the next time we go through this Visa hell again...

If by some act of human nature versus the black and white of cold government rule... she does get a new visa, we can immediately wed and thank the Lord for watching over us.

As to the relationship bona fides.... we had been together 4 times for over 1 week each time before filling, and once more while it was being acted on.

Edited January 21, 2010 by Perry/Elena

[payxibka 10,044]

The truth is... When life throws you one of these curve balls... it is very difficult to be under pressure to make additional life commitments under a timeline... hindsight is always 20/20. We did have every intent to marry in Vegas during the dates her daughter was in the hospital... I'm not perfect... I freaked a little... damn me for that?... should I have done things differently? Hell yes...

I guess... I think the best thing to do ... is send my letter now... if it gets shot down... at least I can include that the next time we go through this Visa hell again...

If by some act of human nature versus the black and white of cold government rule... she does get a new visa, we can immediately wed and thank the Lord for watching over us.

As to the relationship bona fides.... we had been together 4 times for over 1 week each time before filling, and once more while it was being acted on.

hope for the best, but expect the worst... since you are well past the 90 days of the original I-94, the consulate's hands are tied.

[pushbrk 12,157]

As to the relationship bona fides.... we had been together 4 times for over 1 week each time before filling, and once more while it was being acted on.

The above is good evidence but do be prepared for extra scrutiny the second time around.

[john_and_marlene 162]

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.

It would not have been a bad predicament. If they had not married within the 90 days, it only means that they could not adjust status based on the K1. Instead, they would have to petition with an I-130 accompanying the I-485. They would then be adjusting status based on a legal entry and an immediate relative petition.

[pushbrk 12,157]

It would not have been a bad predicament. If they had not married within the 90 days, it only means that they could not adjust status based on the K1. Instead, they would have to petition with an I-130 accompanying the I-485. They would then be adjusting status based on a legal entry and an immediate relative petition.

Correct. I'm not sure why this is overlooked so often. Marrying after the 90 days is treated like any other legal entry with an overstay, provided the K1 holder marries the original petitioner.

[TracyTN 237]

You can try, but I guess I don't see how the beneficiary's child getting diabetes would be a reason she would HAVE to leave the US. I could see it if the Ukraine were perhaps one of the few places she could receive treatment, but beyond that, I'd be very surprised if they re-validated for this reason.

Nothing ventured, nothing gained I guess - but if they don't go for it, then you will have lost more time waiting on that where you could have just started again.

[john_and_marlene 162]

Sending a letter and waiting for the bad news is not going to get your fiancee here--it will only add to the time it is going to take to get her here. Regardless of how compelling your reasons might be, the consulate is bound by law and does not have discretion regarding some requests--this is one of those times that they do not have discretion.

It's not some cold-hearted government worker that will cause this letter to be rejected, but the immigration law. They have no power to help you in this circumstance.

The fasted way for you to be reunited and marry will be to immediately submit a new K1 petition.

[Bobby+Umit 161]

It would not have been a bad predicament. If they had not married within the 90 days, it only means that they could not adjust status based on the K1. Instead, they would have to petition with an I-130 accompanying the I-485. They would then be adjusting status based on a legal entry and an immediate relative petition.

Yes, your correct - I was thinking more of cost when I wrote that.

[sachinky 464]

You could try but I don't see it going anywhere.

Your options are to file another K-1 or go through a CR-1 if you have made up your mind about marriage.

[Gary and Alla 3,694]

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.

Well, OK she did what she did and you did what you did. So here is some advice for future VJers and for you.

Do not delay getting married. Delay, if you are not sure, filing the petition. Decisions have consequences. Deciding to wait to get married puts all her benefits on hold until you do get married. A lot can happen in 90 days, especially wuth a child involved. We had two children involved and were married within 8 days of Alla's arrival and Alla thought THAT was too long. You cannot take women and children half way 'round the world and basically leave them hanging in a place where they are otherwise helpless, for 90 days while you make up your mind to do something you should have decided before you filed the petition. It is preposterous. What happens if you are killed in a car accident before the 90 days? What American man would not protect his American wife for a 90 day period? I mean who are the adults here? The risk is simply far too great to avoid what? An uncontested divorce if it doesn't work out? It is silly.

Why did she go back? By returning before she was married and before she filed for AOS she surrenders her status, she has no status to protect and I do not think there is any way you can proceed with this except file a new petition. There is, in fact, in the law no way to do this. I am not sure what rules someone would be willing to bend or break, I doubt any. Unless you marry her, she is no more than a visitor to the USA with a single entry visa.

If she went back for insurance purposes, most insurance companies allow an open enrollment waiving pre-existing conditions upon a marriage. mine did.

As far as diabetes, well, not to be flippant (because it is a serios disease)t, but I have diabetes and live a very normal and active life and I am an old fart! I can also tell you from living in Ukraine that diabetes treatment there is horrible, nearly non-existant, minimum insulin availabilty. Alla even mentions she thinks the health care system here is designed to sell insulin as my recommended diet is pretty "normal". In Ukraine you get by with minimal insulin and eating buckwheat or something equally as repulsive. I had a horrible time to control my diabetes there, just horrible, and hospital and medical care is relatively so poor, it was one of my biggest concerns. She would get far better diabetes treatment here. OMG Ukraine is the LAST place I would run to if I had a medical problem! Well, maybe 2nd to last...Turkey has worse hospitals than Ukraine.

I would say not to waste a lot of time, get a new petition in the mail tomorrow. Include a waiver explaning what happened. The circumstances will not prevent you from getting another visa.

[Gary and Alla 3,694]

The truth is... When life throws you one of these curve balls... it is very difficult to be under pressure to make additional life commitments under a timeline... hindsight is always 20/20. We did have every intent to marry in Vegas during the dates her daughter was in the hospital... I'm not perfect... I freaked a little... damn me for that?... should I have done things differently? Hell yes...

I guess... I think the best thing to do ... is send my letter now... if it gets shot down... at least I can include that the next time we go through this Visa hell again...

If by some act of human nature versus the black and white of cold government rule... she does get a new visa, we can immediately wed and thank the Lord for watching over us.

As to the relationship bona fides.... we had been together 4 times for over 1 week each time before filling, and once more while it was being acted on.

Ok, now I am going to try and be civil, and something may sound worse than it is intended. And this is for the benefit of other readers as you are beyond that point...plus you hit me whre it hurts and a place where I react and something I hold very important...children. There was nothing about his problem requiring hindsight, nothing. This was entirely predictable, or something like it. Hell, I had a heart attack on Dec. 3rd and found myself with my chest cracked open the next morning so they could save my life...it can happen to you also and there won't be any warning, I assure you. Why would an adult risk going 90 days (long enough to have a heart attack AND recover from quadruple bypass surgey) with no protection for their wife and child?

You and your fiancee are adults, there is a small child depending on you to make good decisions and you let her down. The you shot yourself in the other foot by taking her back to Ukraine for what? Certainly not for medical care. Children deserve better and should be put above your (and your fiancee's) selfish concerns at all times. These decisions should have been discussed and settled before hand, before filing the peittion. Children get sick, children develop problems, it is one of the undeniable truth's of life and they do it whenever it is least convenient (or so it would seem) . The best you can hope for is they grow and get educated and start a life of their own...then you can die, until then your job isn't done so you better not die. If you get to play with THEIR kids, then that is gravy

You two adults go and fall in love and decide to move around the world dragging an innocent child along that depends on you. The plan shoudl have considered her, should have included getting married ASAP, filinf AOS ASAP and getting your wife and child on insurance ASAP, plus getting her in school, getting them set uo with doctors, denstists, SS card, yada, yada, blah, blah. Instead you make a 90 visit of it and what? THEN you would get married and do all that stuff? Sorry buddy, we are so blessed as to have 4 children between us and there is no way I would put them at risk for one moment of the next 3-4 months. You gambled with your fiancee and her child's benefits under the visa and lost. It is not something to gamble with, it is not a game, you are not dating, she is not the girl from the other side of town. When will people understand that this process is so much more involved than just getting a visa? She is not a souvenier and neither is the child. Everyone acts like the NOA2 is the achievement of a lifetime, it isn't even the beginning of the beginning. It isn't even challenging until your new wife and her children arrive.

I will step down now, having said my peace and wish you luck in filing a new petition and wish the child luck in her future. Diabetes can be treated, it is a nuisance, it is a pain in the @ss, and it is something you always have to be cognizant of, but it is not a death sentence, heck I don't even need glasses and I am an old fart (my heart attack is probably related though)

[Gary and Alla 3,694]

Foreigners marrying in Ukraine or any FSU country is extremely difficult. You could look into it but your best bet is to just start over. An explanation will be required for why you are petitioning again and frankly I would expect additional scrutiny of your relationship bona fides.

Absolutely nothing prevented the two of them from staying in the USA and your simple legal marriage to fulfil the terms of the visa. The health problem did not require leaving the USA. It will appear that the truth is the relationship had not progressed to the point where the marriage and being together was the priority it was stated to be in your letters of intent. If things are different now, you may need to convince the Consular Officer of that. Fortunately Kiev is a pretty easy Consulate.

When you begin again, proceed with the understanding that the K1 is for a fiancee, not a girlfriend or dating visa.

Pushbrk, this is true, Ukraine has some serious residency requirements to get married. Ukraine is also thoroughly and pervasively corrupt. One would imagine that $100 or less would qualify anyone under all the requirements for a marriage license.

[sachinky 464]

Agree with everything Gary said.

Not to rub salt into your wounds, but this is exactly the sort of reason why one should be prepared to marry ASAP. A lot of things can happen in 90 days, as you unfortunately found out. The K-1 isn't a test drive visa, no matter who tries to tell you that, it is for your fiancee. Meaning you have already made the decision to get married and are fully committed to it, and have been since you got engaged/filed the petition/signed the intent to marry form. All the "making sure this is right for us" and "testing things out" should have been sorted out before the petition was filed, IMO.

Again, sorry this happened to you.

Edited January 21, 2010 by sachinky

[Gary and Alla 3,694]

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.

Thank God my parents were able to make decisions about their children when they found out I had diabetes. This is BS, Perry, you need to lighten up on this. It is a decision any adult should be able to make about medical problem of their children and something that should have been considered before filing the petition. "Gee, Honey, we are going to have a child with us, what about medical care for the child?" While I am crying a river for you, you need to ask the consulate to re-validate the visa (I highly doubt it after she was here for 70 days plus and you didn't get married but asking is free, so why not?) and then get out your checkbook and write another check for $455, send it in with another petition.

here is the consulate direct line in Kiev. They open for the day in 7 hours. Call them.

Consulate direct line in Kiev 011-38-044-490-44-45

Immigrant visa section direct line 011-38-044-490-44-22