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seanski

Travel/US readmittance restrictions for K1 visa holder

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Filed: Timeline

My fiancee has been in the US on a 90-day K1 visa since May 25th. We have not yet married. She needs to return for a family emergency. Her father is in the hospital in critical condition. Can she return to the Philippines for a period of time and be readmitted to the US with her visa and passport?

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Filed: Country:
Timeline

No, the K-1 is a single entry Visa. If she leaves the US before marrying, filing for AOS and being approved for AP (Advance Parole) then she will need a new Visa to re-enter.

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Since your fiance is only here in US since May 25th, the 90 days limit is not exceeded yet. Call up the US Embassy in Philippines to ask if they would reissue the K1 visa based on "9 FAM 41.81 N6.3 Reissuance of K-1 visa", whereby your fiance has to re-enter US and get married within the 90 days limit starting on her FIRST ORIGINAL arrival date May 25th.

If the US Embassy in Philippines does reissue the K1 visa, she has to re-do all the medical (because the medical forms are in the package submitted at POE), police clearance check, I-134 forms, proof of family emergency.. etc and the K1 visa interview again at the US Embassy, which is not easy within the limited timeframe.

=> All these and re-entering US, marriage must be completed by May 25th + 90 days which is roughly August 22 2011.

Otherwise, she will need to restart I-129F / K1 visa from scratch.

Good Luck.


Done with K1, AOS and ROC

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