Wife had to return before Adjustment of Status

[JimVaPhuong 4,863]

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

Yes, that's correct. I mentioned in my first post that this would only have been an option if they hadn't already married. katiemanny admonished me for suggesting that there were circumstances where a K1 could be reissued after it had already been used to enter the US. I quoted the Foreign Affairs Manual in response to that post. In other words, I posted to educate katiemanny, and not to suggest that this was an option for the OP. I made it clear in my first post that this wasn't an option for them.

[katiemanny 64]

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.

Then you should have say that a new k1 visa may be issued along with a new application processing fee, not reactivate. Once the visa has been used, it cannot be reactivated that's what I meant to say.

Edited May 13, 2011 by katiemanny

[Maleman 5]

This is a shame, but nevertheless a reality. There have been many posts, and many scenarios encountered regarding this subject matter. Even after you had been issued an AP, as previously quoted in another post, “If you leave too long they might deny your entry unless you have a damn good reason even though you have your AP. On the AP, it clearly states that CBP has discretion to let you in or not.” Obviously, in your case you seem to have a serious situation. Unfortunately, US immigration policies are neither always fair nor convenient. However, in dealing with this circumstance the current post, and prior post, clearly define your options. I have was always had the opinion that the K-1 visa should have some avenue to expedite such emergencies. You and your wife have successfully processed a portion of the K-1 path. Thus, no matter the future path, I have faith that you will succeed again. May God Bless you in any of your options.

[Harpa Timsah 13,258]

Then you should have say that a new k1 visa may be issued along with a new application processing fee, not reactivate. Once the visa has been used, it cannot be reactivated that's what I meant to say.

Why do you continue to argue when you were mistaken - Jim clearly demonstrated what he was talking about from a reliable source and you continue to argue. I would think it better to admit a mistake with humility than to beat a point to death when you have been proven mistaken. The fee is not the whole petition fee etc, and the turnaround time is days, that sounds like reactivation to me.