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RobP

Wife had to return before Adjustment of Status

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I need some help. My fiancee had to go back to Costa Rica (family medical emergency) before we could get her early parole. We got married, now I have a wife in Costa Rica and am looking at going through paperwork and waiting all over again. Is there any way to speed this up and keep from having to pay the same fees all over again?

thanks

Rob

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I pretty much had the same situation and we are doing the CR1 now. No short cuts I'm affraid. Back to the waiting game it is!


10-16-2010 Married

03-17-2011 I-130 sent

03-19-2011 I-130 received

03-23-2011 NOA1

03-25-2011 Touch

06-16-2011 NOA2

07-18-2011 NVC Received

07-19-2011 Emailed DS 3032

07-29-2011 Emailed DS 3032 AGAIN-still no response

08-03-2011 AOS Bill Generated

08-03-2011 AOS Bill Paid

08-03-2011 Emailed DS 3032 Yet Again!!!

08-05-2011 Mailed AOS packet

08-08-2011 AOS packet delivered

08-08-2011 DS 3232 accepted

08-09-2011 IV Bill Generated/Paid

08-10-2011 IV marked PAID

08-10-2011 IV packet Mailed

08-11-2011 IV packet delivered

08-16-2011 AOS package processed

08-22-2011 IV packet processed

08-22-2011 SIF/Case Closed

08-25-2011 Interview date received

10-13-2011 Interview-APPROVED

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I need some help. My fiancee had to go back to Costa Rica (family medical emergency) before we could get her early parole. We got married, now I have a wife in Costa Rica and am looking at going through paperwork and waiting all over again. Is there any way to speed this up and keep from having to pay the same fees all over again?

thanks

Rob

You're now looking at the CR-1 visa -- here's the guide for you: http://www.visajourney.com/content/i130guide1

Depending how soon you submit the petition, your're looking between 8-12 months until wife is back in the US.

No, you can't speed up the process (unless you're military and about to be deployed overseas). Fees are mandatory for processing, otherwise your package will be returned to you.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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I need some help. My fiancee had to go back to Costa Rica (family medical emergency) before we could get her early parole. We got married, now I have a wife in Costa Rica and am looking at going through paperwork and waiting all over again. Is there any way to speed this up and keep from having to pay the same fees all over again?

thanks

Rob

If you hadn't married then there might have been a chance of getting the K1 reactivated at the consulate, but she's no longer eligible to enter with a K1, and there is no other approved petition that can be used as a basis for issuing a new visa. I'm afraid you need to start over with a new petition.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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If you hadn't married then there might have been a chance of getting the K1 reactivated at the consulate, but she's no longer eligible to enter with a K1, and there is no other approved petition that can be used as a basis for issuing a new visa. I'm afraid you need to start over with a new petition.

K1 is one way ticket to the US door, once entered the US the visa becomes null, nice try :bonk:


AOS TIMELINE

AOS package mailed on 12/16/08

AOS package delivered on 12/19/08

Check cashed on 12/26/08

NOA1 received on 12/30/08

Biometrics on 01/20/09

AOS interview on 04/30/09

EAD Card production ordered on 03/17/09

EAD Card received on 03/21/09

AOS interview APPROVED on 04/30/09

Card production ordered on 05/27/09

Welcome letter received on 06/05/09

Card production ordered again on 06/15/09

Permanent Resident Card received on 07/09/09

I-751 ROC TIMELINE

I-751 package mailed on 02/28/2011

I-751 package delivered on 03/02/2011

Check payment cashed on 03/04/2011

NOA1 received on 03/08/2011

Biometrics appointment on 04/05/2011

Card production ordered on 05/06/2011

I-751 Petition Approved on 05/06/2011

Approval letter received on 05/12/2011

Green Card finally received on 07/29/2011

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K1 is one way ticket to the US door, once entered the US the visa becomes null, nice try :bonk:

I don't know you but I know that Jim is VERY knowledgeable and if he said it's possible I believe him. I can't think of a single instance that he's been wrong and he would never post something without knowing for sure and researching it first.

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K1 is one way ticket to the US door, once entered the US the visa becomes null, nice try :bonk:

Incorrect. There have been instances of the K1 being reinstated by the consulate in the scenario Jim describes.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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** Quoted post containing TOS violations were removed - Vanessa's response (not a TOS violation and containing some good information) returned to forum.

Bob's point might have been mean given the circumstances but his point is her status should have been important to her and as there was nothing she could do to help then should should have at least waited to get her AP (she could have made an infopass and got an emergency AP) and now she's spending money and time that she wouldn't have needed to. And while you can't change the past at least others reading are aware that emergency AP is possible.

A CR-1 it is for you both now. On the up-side, when it is approved she will enter with an immediate GC and this means she can leave and work right away. You will be paying the CR-1 fees (it's a different process to the K1) and there will be no need to AOS (so saving the $1070 again at least) and you could always TRY and expedite but if it's just that you miss her and nothing in particular that she needs to be back for or away from urgently then I doubt it would be approved. By all means look into it (here's a link: https://rapidvisa.com/rapidvisa_blog/post/2011/01/04/Is-it-possible-to-expedite-my-K-1-K-3-or-CR1-Visa-Petition.aspx ). I don't think it would hurt anything to try.

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CR-1 visa path now, alas but -

is possible to GET an expedite - you'll have to ask for it in a cover letter submitted with the I-130, and write 'EXPEDITE CR-1 visa' in big red letters on the outside of the envelope so the mail room will route it to the proper office, quickly.

If ya get it, ya get it, and if not - well , ya tried.

Since the boy went back with her, you'll be filing TWO I-130s on them, with more stuff on TWO folksen at NVC, later.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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** Just to clear the air in here. Some things were said - nerves struck and words exchanged. At least some of these words were in violation of our Terms of Service. The result is, they've been removed. Let's put them behind us and file them in the 'it was a misunderstanding' bin. There is an immigration issue at hand and a distressed member as a result.

OP:

As a result of posts being removed - folks might not know that your wife had to return to her mother's side, just before she passed. Am sure we all feel for your family's loss. (F)

Having said that - am sure we can all also feel for the loss of time/effort/money invested in the K-1. Especially since (based on what I've read), it looks like your wife had only been in the US for what? 3 weeks or so now? Did her son come with her to the US and go back to Costa Rica too?

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K1 is one way ticket to the US door, once entered the US the visa becomes null, nice try :bonk:

Section 41.81 N6.3 of Chapter 9, Foreign Affairs Manual:

If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa, provided the alien fiancé(e) pays a new application processing fee, and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.

http://www.state.gov/documents/organization/87391.pdf

So, as long as the original 90 day window has not expired then the consular officer can issue a new K1 visa.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Section 41.81 N6.3 of Chapter 9, Foreign Affairs Manual:

If a K-1 visa, valid for a single entry and a 6-month period, has already been used for admission into the United States and the alien fiancé(e) has returned abroad prior to the marriage, the consular officer may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa, provided the alien fiancé(e) pays a new application processing fee, and provided also that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.

http://www.state.gov/documents/organization/87391.pdf

So, as long as the original 90 day window has not expired then the consular officer can issue a new K1 visa.

Jim as I read your "quote" it says as long as they have NOT gotten married. OP says in his first statement that they are married now and his "wife" has returned to Costa Rica. That seem to me that she can not return on a K-1 at this point.

LS


08.15.2005 Mailed I-129F USPS

01.11.2006 P.O.E Seattle. Welcome to the U.S.A.

02.10.2006 Married

AOS Journey

03.27.2006 I-485 Mailed

08.21.2006 Green Card Arrivesl

11.19.2006 Emma is born

Removing Conditions

07.07.2008 I-751 Mailed

04.30.2009 Date of Decision: Approved

05.14.2010 Lilly is born

Citizenship: The Final Chapter

10.26.2010 N-400 Mailed

11.02.2010 NOA

11.05.2010 Biometrics Letter

11.10.2010 Biometrics Completed (walk-in)

04.13.2011 Interview

04.13.2011 Oath

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