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cornflower

issue new K1 visa -- emergency trip out of US

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Filed: Country: United Kingdom
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Hi,

My fiancee came to the US on a fiancee visa but had to leave the country on an emergency. We weren't married when she left. I have heard that a foreign consulate (e.g London) can issue a second visa with the same 90-day deadline as the first one, without going through the long process required to get the first one. Does anybody know if this is true?

Thanks!

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Filed: Country: Spain
Timeline
Hi,

My fiancee came to the US on a fiancee visa but had to leave the country on an emergency. We weren't married when she left. I have heard that a foreign consulate (e.g London) can issue a second visa with the same 90-day deadline as the first one, without going through the long process required to get the first one. Does anybody know if this is true?

Thanks!

Its true...the 90 day clock is running still

You can find the reference in the Foreign Affairs manual


I finally got rid of the never ending money drain. I called the plumber, and got the problem fixed. I wish her the best.

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9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a six-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 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://foia.state.gov/masterdocs/09fam/0941081N.pdf


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An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

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Filed: Other Timeline
9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a six-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 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://foia.state.gov/masterdocs/09fam/0941081N.pdf

This should apply to all posts around the world, not just the UK post correct?


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Filed: Timeline
Wow, thanks for the reference and information! I did a search on this provision, and it seems that the consulate may give us a hard time but they do still have the option (even post-9/11) to issue another visa. Thanks again!

Don't overlook this caveat after reissuance of the K-1 visa

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.

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9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a six-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 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://foia.state.gov/masterdocs/09fam/0941081N.pdf

This should apply to all posts around the world, not just the UK post correct?

Yes.....It is from the FAM, not conusulate specific. However I imagine it would be still up to the individual consulate/conof to make the determination that one is eligible for reissuance.


You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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