Anyway to reissue a K1 after returning? Child medical

[baron555 934]

And, you don't have to answer here but to yourself:

What was the conclusion of the experiment? Will you two be able to live forever with each other?

K-1s are not supposed to be an experimental visa; that was supposed to be all worked out prior to filing.

[TracyTN 237]

Guys, the OP and his fiancee did a regrettable thing - but I don't see the sense in berating them about it. I think we've made the point that they cannot get the K1 reissued, and that we all feel that perhaps they overreacted with her going back to the Ukraine in this situation - but its water under the bridge at this point.

[SuperDuper! 230]

Why? what difference would it make?

Dude, on a K1 visa, if you get married within 90 days, you are golden.

-=Your Interpretation May Vary=-

[Bobby+Umit 161]

Dude, on a K1 visa, if you get married within 90 days, you are golden.

-=Your Interpretation May Vary=-

That is - until you file for the AOS - get the AP, EAD, then your "golden".

(or in this case, an emergency AP)

-----

About the IMBRA:

He would need to file a waiver for the petition because he previously had a K-1 visa petition approved within two years prior to the filing of the current petition.

(and if he had 2 other K-1 petitions approved prior (at least one we know of), if applicable)

[payxibka 10,044]

Dude, on a K1 visa, if you get married within 90 days, you are golden.

-=Your Interpretation May Vary=-

All thing being the same, the marriage event would change NOTHING in the OP's situation.... except that he would now be married with his wife stuck across the pond (instead of his fiancee) and using a K-1 again is out of the question...

The marriage event alone does NOT make him GOLDEN as you indicate...

Edited January 22, 2010 by payxibka

[pushbrk 12,157]

All thing being the same, the marriage event would change NOTHING in the OP's situation.... except that he would now be married with his wife stuck across the pond (instead of his fiancee) and using a K-1 again is out of the question...

The marriage event alone does NOT make him GOLDEN as you indicate...

It would have been fortunate in that they could now take the CR1/2 route instead of K1/2 but you are exactly correct. The marriage itself would have changed nothing with regard to her ability to return to the USA. Marriage, followed by filing AOS and obtaining AP is what it would have taken to be "golden".

Not sure why the discussion about hopes in retrospect, as they have nothing to do with the realities here.

[payxibka 10,044]

It would have been fortunate in that they could now take the CR1/2 route instead of K1/2 but you are exactly correct. The marriage itself would have changed nothing with regard to her ability to return to the USA. Marriage, followed by filing AOS and obtaining AP is what it would have taken to be "golden".

Not sure why the discussion about hopes in retrospect, as they have nothing to do with the realities here.

CR1/2 is still possible but the OP will be needing to pre-plan by gathering some needed documents from the US first and then invest about 3 weeks or so in Ukraine to get all the paperwork approvals needed there before a marriage at a ZAGS office can occur....

[pushbrk 12,157]

CR1/2 is still possible but the OP will be needing to pre-plan by gathering some needed documents from the US first and then invest about 3 weeks or so in Ukraine to get all the paperwork approvals needed there before a marriage at a ZAGS office can occur....

Certainly an option under those circumstances but arranging a three week visit is done at significant expense and inconvenience compared to filing another K1, which can be done now. I was referring to a filing choice alone, something to do NOW, something that would have resulted from marrying in the US, you know, the context of the current somewhat off-topic discussion, since they didn't marry.

[sachinky 464]

File for another K-1.

[Brad and Vika 129]

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.

Although I can't really work up a good fit of anger over the OP's decision (each to their own - at least until I hear the detail), I absolutely agree that the paperwork completion for SSN, insurance of all kinds, etc. kicks into overdrive soon after you get hitched. It is really important here to gets these things done early, but as was pointed out ad naseum, you need to be married first. We all spent WAY too much time pushing that paper, to guard against problems like the OP's.

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"

True also - she could stay during the processing/adjudication, and considering the circumstances I think it would have been fine in the end. Water under the bridge, no? Now the burden the OP has is convincing her family that he is serious, and strong enough to care for the two of them. This is huge. Best of luck!

[Darnell 8,478]

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).

Perry - I suggest to try this route, until the Embassy says no.

Good Luck !