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Mannose

Fiance visa

By Mannose in K-1 Fiance(e) Visa Process & Procedures

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Mannose Newbie

Mannose   0

Posted
Filed: Country: Libya
 Timeline
Posted

Helloo every body

I need your help

I'm US citizen, i applied for K1 visa to my fiance, she got it and she came here to usa. We got married, and for family issue she left before i file the change of status application. Now she is stuck back home. what should i do? is it true that the only way is to file i-130 all over?

When i check with the USCIS, i have been told that she entered the usa on U visa, which is totally wrong, it looks like the officer on the airport entered the data wrong, can i use this glitch?

Please reply me ASAP

lost_at_sea Experienced

lost_at_sea   995

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted (edited)

Now she is stuck back home. what should i do? is it true that the only way is to file i-130 all over?

Yes, generally.

Leaving the US before waiting for your AP is abandonment of AOS. You would have to start over with an I-130.

When i check with the USCIS, i have been told that she entered the usa on U visa, which is totally wrong, it looks like the officer on the airport entered the data wrong, can i use this glitch?

Please reply me ASAP

To be honest - she should probably contact her local embassy. They will be able to advise on the status of her K1 and whether there is in fact a loophole you can use here. Also, if she had to leave for very serious reasons that can be proven, there may be some way around it. I honestly don't know. Exploiting a mistake in the system seems somewhat dodgy and I don't know what a U visa is.

Edit: Also, this is the info about emergency parole which someone in your situation possibly should have done. I don't know if there is any remit to this *after* leaving the US: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCRD&vgnextchannel=4c790a5659083210VgnVCM100000082ca60aRCRD

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London
7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production
27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed
26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

bt1 Collaborator

bt1   42

Posted
Filed: AOS (apr) Country: Serbia
 Timeline
Posted

Helloo every body

I need your help

I'm US citizen, i applied for K1 visa to my fiance, she got it and she came here to usa. We got married, and for family issue she left before i file the change of status application. Now she is stuck back home. what should i do? is it true that the only way is to file i-130 all over?

When i check with the USCIS, i have been told that she entered the usa on U visa, which is totally wrong, it looks like the officer on the airport entered the data wrong, can i use this glitch?

Please reply me ASAP

Yes, you will need a spousal visa now. You should have applied for an advanced parole before she left: if it was an emergency,, they approve these in a couple of days and that would have allowed her to come back. As is, you will need to apply for the spousal visa.

lost_at_sea Experienced

lost_at_sea   995

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Also, maybe complete your timeline? You didn't bother after NOA1 and the data helps everyone. You must have got married some time ago, but I cannot tell.

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London
7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production
27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed
26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

Helloo every body

I need your help

I'm US citizen, i applied for K1 visa to my fiance, she got it and she came here to usa. We got married, and for family issue she left before i file the change of status application. Now she is stuck back home. what should i do? is it true that the only way is to file i-130 all over?

When i check with the USCIS, i have been told that she entered the usa on U visa, which is totally wrong, it looks like the officer on the airport entered the data wrong, can i use this glitch?

Please reply me ASAP

You need to file for the CR-1 visa for her and wait it out. No other way for her to return unless she has a valid visa, which presently she does not.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

 
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