Anyway to reissue a K1 after returning? Child medical

[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.

The black and white of cold government rule is something we are all aware of and all the more reason to protect our loved ones and the little ones that NEED you to make decisions for them from it. Had you married on day 89 and filed the AOS the "cold government rule" would be just fine by you. Now that you made a number of really ...um...unwise decisions, you hope for people, people that do not know you or the child and have no responsibility to the child or the mother, to bend the rules (break the rules). Please tell me this wasn't your plan if something went wrong. I am cutting your fiancee a little slack here also, I haven't heard her take on this, but I can assure you Alla would never have left Ukraine without a plan in place for medical emergencies for the children, education for the children, insurance for the children, her AND her mother left behind in Ukraine. I mean who is responsible here?

I can remember clearly just a few weeks ago, handing Alla a note as I went into surgery with the location of my will, insurance information, banking and investment information, all the immigration information for her and the children and instructions which of my brothers to contact "in case something happened" (and having cleared it and arranged it with my brother the evening before) and feeling relieved that if "something happened" at least Alla and the children would be cared for and have what they need to survive. And I never ever gave the children any indication it was anything but routine and "see ya tomorrow" (though they are old enough to know better I suppose) What I am supposed to do? Cry and whine? Freak? Yeah, that would do a lot of good and make them feel safe.

Fathers don't "freak" Sorry. Father's CAN'T freak. Fathers have to be the ones that children come to exactly because they know their father won't "freak". Good grief.

[sachinky 464]

What I don't understand is why having diabetes would cause the mother and the child to leave the U.S.?

To me that is unfathomable. Firstly, diabetes isn't some life-threatening disease. Secondly, Ukraine isn't exactly known for it's medical expertise.

What was preventing you from getting married and filing for AOS with a I485 and I-130 even if you did end up getting married outside the 90 day window?

[VanessaTony 3,567]

What I don't understand is why having diabetes would cause the mother and the child to leave the U.S.?

To me that is unfathomable. Firstly, diabetes isn't some life-threatening disease. Secondly, Ukraine isn't exactly known for it's medical expertise.

What was preventing you from getting married and filing for AOS with a I485 and I-130 even if you did end up getting married outside the 90 day window?

Not possible. The rules of K1 are get married to the person who petitioned within 90 days or leave. If you stay and marry someone else, you still will be removed. If you stay and marry AFTER 90 days you will still be removed.

Sure they could have got married but she would STILL have had to have gone home while he filed CR-1.

[Saska+Tim 7]

Agree with Gary 100%.

So irresponsible of you! That woman leave everything to be with you, and you aren't ready for commitment? Whay you file for I-129f than?

On her place, I will be done with you. If you freak out because the child got diabetes type 1 (I live with it last 12 years) what will be your reaction if something more serius happen?

[Kathryn41 3,205]

Not possible. The rules of K1 are get married to the person who petitioned within 90 days or leave. If you stay and marry someone else, you still will be removed. If you stay and marry AFTER 90 days you will still be removed.

Sure they could have got married but she would STILL have had to have gone home while he filed CR-1.

Actually, this information is incorrect.

The rules of the K-1 are to get married to the person who petitioned you within 90 days. You cannot adjust status based on a marriage to anyone other than your petitioner. If you don't get married you are out of status and when you are out of status you are supposed to leave. It doesn't say that you can't get married after the 90 days though. You can get married, as was mentioned earlier in this thread, and it is legal. You will be out of status and that is technically at risk for deportation but you are allowed to get married to your original petitioner and apply to adjust status. You no longer qualify to adjust status based upon the K-1 because that opportunity expired with the I-94. The petitioner has to submit a new petition - the I-130 - for his spouse and the AOS is adjudicated based upon the I-130 not the I-129f. If you stay and get married after the 90 days expires you will not be removed. Your status is once again legal when you file for the AOS and will remain so until there is a decision made upon the application. There is no reason or benefit to apply for a CR-1.

To the OP - as you already know - you made some less than wise decisions in the spur and anxiety of the moment. It is unlikely you will be able to get the K-1 re-validated. It was used and the opportunity provided by it was not taken advantage of while the opportunity existed. It was allowed to expire without being used. You will need to re-apply for another K-1 and K-2. Certainly provide the explanation of why the first K-1 wasn't used and now that you have both had the time to look calmly at the circumstances you realize you didn't need to give up on the K-1 after all but at the time you thought returning to the Ukraine was in the best interests of all concerned.

A diagnosis of type 1 diabetes is challenging and a shock but it doesn't have to be life threatening. It is life altering - I know, I have lived with type 1 diabetes the last 17 years - but there has never been a better time in the history of this world to get a diagnosis of type 1 diabetes. There are many different treatment options available that ensure a long and happy life for the individual. One of the things you will probably want to do now along with reapplying for another K-1 is to read up on type 1 diabetes; attend education classes offered by local hospitals, join the American Diabetes Association, find and talk to other parents of children with diabetes. They will help provide you and your fiancee with a good support group once she does return to the US.

Good luck to you all.

Edited January 22, 2010 by Kathryn41

[sachinky 464]

Yeah. As Kathyrn pointed out--it is possible. Do your research first, eh, V&T?

Instead of AOS based on a K-1 marriage to the original USC petitioner, the AOS is now done as an immediate relative (sort of like AOS from a tourist visa with a slight overstay). BOTH the I-130 and I-485 must be submitted if wedded outside the 90 days time limit. Submitting only the I-485 WILL cause it to be denied.

Edited January 22, 2010 by sachinky

[sachinky 464]

It is, in fact, best to think of a K1 as a single entry tourist visa given for the express purpose of entering the U.S. and marrying the USC petitioner within 90 days. Without the AOS, the foreign beneficiary has no rights so do not put that off.

[Gary and Alla 3,694]

Not possible. The rules of K1 are get married to the person who petitioned within 90 days or leave. If you stay and marry someone else, you still will be removed. If you stay and marry AFTER 90 days you will still be removed.

Sure they could have got married but she would STILL have had to have gone home while he filed CR-1.

Not true. If they are married (to the original petitioner) outside the 90 days, the beneficiary can still stay and file an I-130 along with the I-485. Once she leaves the US without marrying it is "game over"

[SuperDuper! 230]

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.

I was hoping that this would have been the outcome as well. Take 2 hrs out of the day and get hitched at the courthouse.

Consulate/USCIS is heartless when it comes to "tough luck" stories.

You can K1 again, 'cause IMBRA really isn't a problem for 2nd try, so ignore if someone said it is.

It's up to you if getting married overseas is an issue for you or not.

You could get a lawyer to plead to the Consulate your request for extended K1, but it would be a futile battle I am certain.

You will have to refile for a new visa, bottom line. Small error, yet major mistake by letting K1 90 days slip by you.

Good luck!

[payxibka 10,044]

I was hoping that this would have been the outcome as well. Take 2 hrs out of the day and get hitched at the courthouse.

Consulate/USCIS is heartless when it comes to "tough luck" stories.

You can K1 again, 'cause IMBRA really isn't a problem for 2nd try, so ignore if someone said it is.

It's up to you if getting married overseas is an issue for you or not.

You could get a lawyer to plead to the Consulate your request for extended K1, but it would be a futile battle I am certain.

You will have to refile for a new visa, bottom line. Small error, yet major mistake by letting K1 90 days slip by you.

Good luck!

Getting "hitched" and her leaving still would not improve the OP's situation as he would still be facing a new petition/visa... The solution was for the OP's fiancee to have stayed (regardless of marriage or not) as her status could be "repaired" from inside the USA if they married outside the 90 days.

Edited January 22, 2010 by payxibka

[SuperDuper! 230]

Getting "hitched" and her leaving still would not improve the OP's situation as he would still be facing a new petition/visa... The solution was for the OP's fiancee to have stayed (regardless of marriage or not) as her status could be "repaired" from inside the USA if they married outside the 90 days.

Go back and read the thread. We were hoping that in retrospect, the couple went to the courthouse BEFORE the 90 days expired.

[toma1 10]

If the visa is reissued, buy a lottery ticket on the same day, because you will never have a luckier one...

[payxibka 10,044]

Go back and read the thread. We were hoping that in retrospect, the couple went to the courthouse BEFORE the 90 days expired.

Why? what difference would it make?

[toma1 10]

Why? what difference would it make?

I suppose they mean that a marriage would have met the terms of the K-visa and then they could have adjusted status and applied for AP outside the country which would have a greater probability of success.

[payxibka 10,044]

I suppose they mean that a marriage would have met the terms of the K-visa and then they could have adjusted status and applied for AP outside the country which would have a greater probability of success.

AP needs be approved BEFORE departure... so that would not be a solution here either....

The moment she left without AP or status adjustment she relinquished her K-1 status... therefore, no ability to fix this as there is/was no longer any status to adjust from since it was gone the moment she stepped out of the country

Edited January 22, 2010 by payxibka