got K1 visa, now need K3

[then_what 0]

Hi all,

I filed for a K1 visa for my fiance and he got it, now he is in US. He needs to go back home for an emergency case in 10 days.

He can't wait for the Advance Parole. We know that if he leaves now, he can't re-enter the US again.

My question is, if we get married now and he leaves the US, then I'll file a "spous" visa for him & the K3. Can he come back with a

K3 visa then? or will they cause problems for him?

What do you all think?

Please advise

Thank alot

-Optimistic

[aussiewench 9]

How long has your fiance been in the US?

[lucyrich 20]

Yes, there's no rule that says you can only go through the process once. If I were you, I'd make every effort to avoid going through the process again, but if you've already made it through once, your chances of being approved as a spouse on the second go around are excellent, because we know you've already made it through the various possible grounds of inadmissibility.

Your situation may raise the obvious question "why did you do that?" As long as you have a brief explanation that doesn't point toward visa fraud or a sham relationship (and on the face of it, having to go home for an emergency doesn't begin to suggest either of those), then you should be OK.

[john_and_marlene 162]

If it's a true emergency and they go back before you get married, the consulate has the option to recertify the K-1 for reentry, but the 90 days to marry is still counted from the first entry.