Help-Fiance had to returm Home

[Lance716 0]

My Fiance Visa was approved and my Russian Fiance arrived on Feb 23rd. Before we had a chance to get married she had a family emergency and had to return to Russia immediately..

What options do I have now?? Please help....

[Otto 83]

Russian Fiance arrived on Feb 23rd.

There may be the possibility of her visa being reaffirmed/revalidated by the Embassy/Consulate. It is at their discretion of course but is possible (documentation of the emergency would be pretty important I would think).

** Topic may be better suited in "US Embassy/Consulate Discussion" (rather than K-1); moving thread there.

[Neonred 3,446]

Start another K-1. Should be easy now that you have copies of all the paperwork.

Edited March 25, 2010 by Neonred

[sachinky 464]

Try and get the consulate to revalidate the visa.

If not, another K-1 is your only option.

Or you could get married and then file for a CR-1.

Sidenote to future K-1 entrees: Another relevant example as to why you should always get married ASAP and file for AOS upon your entry into the U.S. You can always request an emergency AP. You never know what can crop up.

[Bernie C 24]

There was a similar case recently where the beneficairy was able to get the visa reaffirmed/revalidated (not sure which term was used).

The poster was merrytooth and was from Singapore. She just recently reentered to US successfully. I'd definatley investgate this option before starting over again.

Not sure there is sufficient detail in her posts to gather the pertinent informationas to how the process worked but maybe you could PM her to request some info.

below is a path to the post where she discussed some of this.

http://www.visajourney.com/forums/index.php?app=forums&module=forums&section=findpost&pid=3737737

Best Wishes.

[Lance716 0]

Thanks everyone for your input!! I will look into revalidation...

[john_and_marlene 162]

Will your fiancee be able to resolve her family emergency, return to the U.S. and get married before May 24?

If so, she can ask the consulate to revalidate the K-1 for another entry. However, you will not get an new 90 day period to get married. You will have 90 days from the original entry and the new I-94 will reflect the balance of that original 90 days. She will need to request the revalidation in time to travel back to the U.S. before May 24.

Edited March 25, 2010 by john_and_marlene

[FrancElsie 6]

Try and get the consulate to revalidate the visa.

If not, another K-1 is your only option.

Or you could get married and then file for a CR-1.

Sidenote to future K-1 entrees: Another relevant example as to why you should always get married ASAP and file for AOS upon your entry into the U.S. You can always request an emergency AP. You never know what can crop up.

I don't agree with your sidenote. Many people on VJ met by internet and only have known their fiance(e) for a short period of time. I went through this process several years ago and married in my SO's country. I wish that I had lived with her for several months BEFORE marrying her so that I could see what type of woman she was...she was looking for a meal ticket and a VISA to the USA. Thankfully, I cancelled everything shortly before her interview in Bogota, Colombia. But, that brought up other issues of getting a long-distance divorce, etc. What a nightmare!

Additionally, the way I read the posting...the fiancee already left the USA and returned to Russia. The way I read the guides, the K-1 visa is a ONE-TIME entry for 90 days. There was no mention of an "emergency" exception. I think the only option for this person is starting over again. He will not like hearing that but...

Regards,

Franc

[TBoneTX 43,069]

I don't agree with your sidenote.

Your opinion is your opinion, and it's off-topic. The chief thing is to know whom you're marrying before you marry.

I think the only option for this person is starting over again.

What "you think" is not necessarily correct. Please refer to ALL of the previous posters' replies, and please avoid injecting incorrect "thinking" into a known, viable avenue that the OP can pursue. Edited March 26, 2010 by TBoneTX

[FrancElsie 6]

Your opinion is your opinion, and it's off-topic. The chief thing is to know whom you're marrying before you marry.What "you think" is not necessarily correct. Please refer to ALL of the previous posters' replies, and please avoid injecting incorrect "thinking" into a known, viable avenue that the OP can pursue.

Kind Sir T-BoneTX,

Yes, you are correct..."my opinion is my opinion." And that is what a good percentage of the posters on this forum are giving free of charge. That is the entire point of VisaJourney...sharing information and giving opinions/advice.

As to your second point about what "I think," I do not respond to a posting unless I have researched the answer to a certain extent. I did read and refer to ALL previous posters replies...and those were opinions/advice as well. The response to the poster's question was researched at the U.S. Department of State website...please read below, and I quote:

"Can a K-1 Visa Holder Leave the United States?

The K-1 visa allows a fiancé(e) to enter the United States one time only. If you leave the United States after entering on a K-1 visa, you may not re-enter on the same visa."

Thank you and Sincerest Best Wishes,

Franc

[az110965 252]

Play nicely TBone and Franc!!!

Alan

[JimVaPhuong 4,863]

I don't agree with your sidenote. Many people on VJ met by internet and only have known their fiance(e) for a short period of time. I went through this process several years ago and married in my SO's country. I wish that I had lived with her for several months BEFORE marrying her so that I could see what type of woman she was...she was looking for a meal ticket and a VISA to the USA. Thankfully, I cancelled everything shortly before her interview in Bogota, Colombia. But, that brought up other issues of getting a long-distance divorce, etc. What a nightmare!

Additionally, the way I read the posting...the fiancee already left the USA and returned to Russia. The way I read the guides, the K-1 visa is a ONE-TIME entry for 90 days. There was no mention of an "emergency" exception. I think the only option for this person is starting over again. He will not like hearing that but...

Regards,

Franc

I agree with TBoneTX. Your post implies that the USC should be using the 90 day period to live with their fiancee and get to know them better before deciding to go ahead with the marriage. USCIS makes it very clear that this is NOT the purpose of the 90 day period.

From the USCIS "How Do I..." guide for K1 visas:

http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Resources-3rd%20level/How%20Do%20I%20Guides/A2en.pdf

What if we are engaged but have not yet decided to

marry?

The fiancé(e) visa is a temporary visa that simply permits your

fiancé(e) to enter the United States so that the two of you can

marry in the United States within the 90 days permitted from the

date of entry. It is not a way for you to bring a person here so you

can get to know one another, or spend more time together to decide

whether or not you want to marry.

You should be absolutely committed to the marriage before you even file the I-129F. This is the primary reason that the I-129F requires "original statements from you and your fiancé(e)whom you plan to marry within 90 days of his or her admission".

Also, neither the guides from USCIS nor the guides here on VJ could possibly cover every aspect of immigration law, procedure, or policy. There is simply too much information spread across too many documents, including the INA, CFR, and FAM. The guides cover the basic requirements and procedures as they apply to the majority of people, and tend not to cover the exceptions. Consulates DO have the authority to re-validate a used K1 for another entry, provided the original I-94 has not expired yet. Whether or not they will do so it entirely at their discretion. Most will require a very compelling reason to do so, such as a family emergency.

[sachinky 464]

Thanks, Jim for covering everything my "sidenote" was referring to.

[DanielParul 50]

I don't agree with your sidenote. Many people on VJ met by internet and only have known their fiance(e) for a short period of time. I went through this process several years ago and married in my SO's country. I wish that I had lived with her for several months BEFORE marrying her so that I could see what type of woman she was...she was looking for a meal ticket and a VISA to the USA. Thankfully, I cancelled everything shortly before her interview in Bogota, Colombia. But, that brought up other issues of getting a long-distance divorce, etc. What a nightmare!

Additionally, the way I read the posting...the fiancee already left the USA and returned to Russia. The way I read the guides, the K-1 visa is a ONE-TIME entry for 90 days. There was no mention of an "emergency" exception. I think the only option for this person is starting over again. He will not like hearing that but...

Regards,

Franc

I agree with Sachinky. K1 is not to see if you want to live with the person and maybe marry them after the trial period. It is a visa for people who have decided to get married and want to do it in the US.

To the OP, you have some good advice here. Let us know how it goes.

[TBoneTX 43,069]

neither the guides from USCIS nor the guides here on VJ could possibly cover every aspect of immigration law, procedure, or policy. There is simply too much information spread across too many documents, including the INA, CFR, and FAM. The guides cover the basic requirements and procedures as they apply to the majority of people, and tend not to cover the exceptions. Consulates DO have the authority to re-validate a used K1 for another entry, provided the original I-94 has not expired yet. Whether or not they will do so it entirely at their discretion. Most will require a very compelling reason to do so, such as a family emergency.

Si, man. Because of the reality that some posters here will rely on opinion or information "researched (only) to a certain extent" as gospel, and suffer the consequences of ill-advised action, your words above are a good reminder for everyone, si man. Edited March 28, 2010 by TBoneTX