Jump to content
studioguitarist

Fiancee had to return home for emergency - future of no visa required for Malaysia?

9 posts in this topic

Recommended Posts

My fiancee was here on her K1 visa but sadly, she had to return to Malaysia before we could get married for some critical medical family issues that required her immediate attention. She had to leave without getting AP (advanced parole) that would allow her return. I suppose our only option now is to completely start the K1 visa process all over again with a new I-129. At least that's the way I read it.

I know that a while back when Obama visited Malaysia, there was talk of dropping the requirement for Malaysia citizens to get a travel visa to enter the USA. I have not heard much on that lately and was wondering if anyone had any news on the topic. I think they were estimating about 18 months until the policy might kick in. Also, I am wondering if the visa requirements are lifted and a travel visa is no longer required for Malaysian citizens, would she be able to come here to visit while we await processing of our second K1 petition?

~Thanks

Edited by studioguitarist

Share this post


Link to post
Share on other sites

Sounds like you are in store for another K1 visa petition process filing. Be sure to contact USCIS and tell them of the circumstances of the current K1 abandonment.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

If they don't decide to give you another, contact USCIS in writing, documenting the circumstances, and all of the pertinent case numbers, send this letter to the service center that processed your original petition, return receipt/delivery confirmation requested.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

Share this post


Link to post
Share on other sites

If she hasn't stayed the full 90 days, the embassy may choose to reissue her K-1 visa (may come with re-intake of documents and a new medical exam) for the remaining number of days left. You need to contact the embassy to see if this is possible.


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

Share this post


Link to post
Share on other sites

If she hasn't stayed the full 90 days, the embassy may choose to reissue her K-1 visa (may come with re-intake of documents and a new medical exam) for the remaining number of days left. You need to contact the embassy to see if this is possible.

This

Unlikely a predominately Muslim country would be allowed into the VWP. Apart from all the other factors.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

I wanted to update the forum on our process of applying for our second K1 visa (see earlier in thread regarding family medical emergency resulting in not being able to marry within 90 days and get advance parole for my fiancee to return home temporarily). I wish I could update my timeline, but since we are starting over, I wasn't sure how to do that. I suppose I could just start a new timeline for a second K1, but that might confuse folks. Nevertheless, we were shocked and surprised that the California Service Center (CSC) approved our second I-129f application approximately six weeks after the lockbox receipt number was issued. We were both expecting another long wait for I-129f approval since we were basically starting over. I suppose the extenuating circumstances of having had a K1 visa and then making the decision to lose it so she could return home to help arrange things (critical medical situation with brother and mother), and our thorough documentation of the medical situations resulted in the CSC giving quick approval, for which we are very grateful. The paperwork is on its way to the embassy in KL now, so I expect we will have the second K1 within a few weeks.

It was about nine months to get the first K1, and we were willing to wait another nine if that was what it would take to get another. I'm glad things are moving quickly the second time around, and it was certainly worth going through this again so that she could take care of her critical family needs.

Share this post


Link to post
Share on other sites

*** Thread moved from K-1 Process forum to the K-1 Case Progress subforum. ***

[Moderator hat off]

That's great news. Thanks for returning with the update.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×