Entering on K1, and leaving before getting married

[SweetSimplicity 1]

Hi everyone,

I have a question.

My canadian fiancee entered on her k1, but she needs to leave asap due to an emergency situation.

We didn't get married yet (we could if that would help...but she still needs to be back in Canada asap).

What should we do?...We still love each other very much and want to get married, but she needs to be with her family right now..

Thanks.

Zee

p.s we read about 'automatic revalidation...' where you can leave for 30 days or in 90 days I believe, but I don't know if that's bullet proof..

[davenella 21]

Hi everyone,

I have a question.

My canadian fiancee entered on her k1, but she needs to leave asap due to an emergency situation.

We didn't get married yet (we could if that would help...but she still needs to be back in Canada asap).

What should we do?...We still love each other very much and want to get married, but she needs to be with her family right now..

Thanks.

Zee

p.s we read about 'automatic revalidation...' where you can leave for 30 days or in 90 days I believe, but I don't know if that's bullet proof..

If she leaves the country without getting married then her visa is automatically cancelled and you should apply for another k1 or cr-1 visa.

Get married first.

Good luck!

[volkditty 23]

Hi everyone,

I have a question.

My canadian fiancee entered on her k1, but she needs to leave asap due to an emergency situation.

We didn't get married yet (we could if that would help...but she still needs to be back in Canada asap).

What should we do?...We still love each other very much and want to get married, but she needs to be with her family right now..

Thanks.

Zee

p.s we read about 'automatic revalidation...' where you can leave for 30 days or in 90 days I believe, but I don't know if that's bullet proof..

Someone else just had a similar issue, but I can't find that post right now. I believe the conensus was that if she contacts the consulate which issued the visa and explains that she has to leave for an unforseen family emergency and fully intends to return to the States and get married, then they can reissue the visa at their discretion without having to restart the whole process. It's definitely not guarenteed or automatic, but she should contact them as soon as possible.

[slowlyman 118]

Getting married first won;t help without an AP. She won;t have any documentation to get back into the country. She used the K-1 to enter, it is now done and the I94 takes over and will expire in 90 days. Sounds like phone calls are in order here.

Edited December 31, 2013 by slowlyman

[volkditty 23]

Ah, found the other thread. It had been moved to a different forum...

http://www.visajourney.com/forums/topic/472344-medical-emergency-on-k1/

[ChicagoSarah 127]

Someone else just had a similar issue, but I can't find that post right now. I believe the conensus was that if she contacts the consulate which issued the visa and explains that she has to leave for an unforseen family emergency and fully intends to return to the States and get married, then they can reissue the visa at their discretion without having to restart the whole process. It's definitely not guarenteed or automatic, but she should contact them as soon as possible.

I couldn't find it, either! It's around somewhere, though....

But yes, there is a caveat somewhere about returning before using the K1. If your fiance would be able to re-enter the country and get married within 90 days from her original POE, look into having the visa re-issued. If she can't re-enter and marry within 90 days from the original POE, you will have to submit an entirely new visa application and start from scratch anyway.

I'd contact the embassy ASAP and inquire. As with everything, no guarantees on anything, but it's worth the inquiry!

[SweetSimplicity 1]

Seriously, this website is amazing. Thank you guys.

Someone else just had a similar issue, but I can't find that post right now. I believe the conensus was that if she contacts the consulate which issued the visa and explains that she has to leave for an unforseen family emergency and fully intends to return to the States and get married, then they can reissue the visa at their discretion without having to restart the whole process. It's definitely not guarenteed or automatic, but she should contact them as soon as possible.

Ok, so definitely will contact them before she leaves. I'll read the other thread you posted as well, thank you so much for your help, means the world to us.

I couldn't find it, either! It's around somewhere, though....

But yes, there is a caveat somewhere about returning before using the K1. If your fiance would be able to re-enter the country and get married within 90 days from her original POE, look into having the visa re-issued. If she can't re-enter and marry within 90 days from the original POE, you will have to submit an entirely new visa application and start from scratch anyway.

I'd contact the embassy ASAP and inquire. As with everything, no guarantees on anything, but it's worth the inquiry!

The embassy or the consulate in which she did her interview? Thanks a million for your help..

[volkditty 23]

Best of luck, and best wishes towards whatever family emergency she has to deal with.

[SweetSimplicity 1]

thank you so much ...^^

Ok, so I read the other thread entirely, and I guess it boils down to two options, maybe you guys can tell me what you think is best:

1) get married, apply for Ajustment of status + advanced parole...but she would still have to leave before the AP is issued (I read online it takes 60-90 days)...and I don't know if that' o.k...

2) We don't get married, she leaves, then asks the consulate (or is it the embassy?) if they can reissue the visa BEFORE the 90 days.

Problem is, I don't know if she can be back in 90 days, it's a pretty serious situation and we don't know how long it will take. could be 1 week could be 3 months, I don't want to pressure her to come back,her family means everything to her..

Edited December 31, 2013 by SweetSimplicity

[slowlyman 118]

You can request an expedited AP, but probably would still not be quick enough for you.

This is an old thread, but they mention getting an Infopass appointment and getting the AP same day.

http://www.visajourney.com/forums/topic/48490-if-you-need-expedited-advance-parole/

[slowlyman 118]

From the USCIS website:

Criteria for Expedited Processing of an Application

USCIS will expedite an application, including an application for a travel document, Form I-131, in certain situations, which may include:

• Severe financial loss to company or individual
• Extreme emergent situation
• Humanitarian situation
• Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
• Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government.)
• USCIS error
• Compelling interest of USCIS

You may maket an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283 or by submitting a written request and supporting documentation with your application.

Emergency Advance Parole Documents

If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:

• A completed and signed Form I-131, Application for Travel Document
• The correct I-131 filing fee
• Evidence to support the emergency request (e.g. medical documentation, death certificate)
• Two passport-style photos.

[volkditty 23]

thank you so much ...^^

Ok, so I read the other thread entirely, and I guess it boils down to two options, maybe you guys can tell me what you think is best:

1) get married, apply for Ajustment of status + advanced parole...but she would still have to leave before the AP is issued (I read online it takes 60-90 days)...and I don't know if that' o.k...

2) We don't get married, she leaves, then asks the consulate (or is it the embassy?) if they can reissue the visa BEFORE the 90 days.

Problem is, I don't know if she can be back in 90 days, it's a pretty serious situation and we don't know how long it will take. could be 1 week could be 3 months, I don't want to pressure her to come back,her family means everything to her..

Digging around a little more, here's this thread about Advance Parole...looks like it usually takes a few months, like you said, but under certain circumstances it can be expedited. I don't know if your fiancee's particular issue falls under those circumstances, but it can't hurt to ask. Still, getting married, applying for AOS, scheduling an InfoPass appointment to try to expedite AP...that's still going to take some time.

I'd recommend calling the embassy that processed her K1, explaining the situation, and seeing if they're able to extend or reissue the visa. If they can't/won't, then you should look at getting the expedited AP, and if that won't work...you might have to cut your losses and start the K1 process from scratch.

But first and most important, call the embassy and get someone who knows what they're talking about.

[ChicagoSarah 127]

What slowlyman said. I'd get married, then apply for expedited AP. If she doesn't have time for that, then your best option is to just start the process all over again. If you get married and she leaves before AP, that won't do you any good and she still won't be able to re-enter.

I'd say send a quick e-mail off to the issuing embassy, try and schedule an infopass appointment, and really read up on expedited AP. None of us know the tight timeline she needs to be on to get back home, so you may not be able to really pursue any of these options.

GOOD LUCK!

[slowlyman 118]

And evern more reading, were just full of it today

Emergency Advance Parole

USCIS field offices are authorized to accept requests for emergency Advance Parole for the most urgent circumstances. The agency reviews these requests on a case-by-case basis, and the USCIS field office director has discretion to grant or deny them. Requests should include an explanation and evidence of the emergency. An Immigration Services Officer has the discretion to request that a currently pending Advance Parole application be expedited rather than issuing an emergency Advance Parole document.

In most cases, InfoPass appointments are used to request emergency Advance Parole and Form I-131 can be processed the same day if the individual submits the completed form, appropriate fee, and supporting documentation. The Ombudsman understands that avoidable emergency requests, or those due to applicant delay may be denied. Emergency Advance Parole requests granted at the field office may be granted for a specific period of time, and will have no effect on Advance Parole requests already pending with a service center.

Advance Parole does not guarantee entry into the United States as foreign nationals are subject to inspection at ports of entry by Customs and Border Protection (CBP). For more information, visit the Advanced Parole section on CBP.gov.

[ChicagoSarah 127]

All of that being said, I don't think you can apply for expedited/emergency AP until you're married and have SUBMITTED AOS/AP/EAD. And judging by the perceived urgency of your situation, I'm not sure you have time for all of that.

I'd definitely inquire wherever you can, but not sure that you can show up at InfoPass and submit your AP at the same time you request emergency and/or expedited processing. But I really have no idea.....just wanted to throw that out there.