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kimmygeee

Coming back after leaving before the 90 day issued visa?

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So my fiance had to leave one month after being here for personal reasons.... we were just wondering if there is any way for him to come back with that visa? I feel like I already know the answer but we've also seen that some sites say that it is possible to come back within the 90 day period?

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http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-23.html

You Can Use Your K-1 Fiance Visa Only Once

A fiancé visa is good for only one entry, so you can’t go out and come back on it. If an emergency comes up before your marriage and you have to leave, try to make time to apply for a travel document (“Advance Parole”) at your local USCIS office, using Form I-131 (available for free download on the USCIS website). If you leave the U.S. without a travel document, the consulate may be able to revalidate your visa back in your home country, but it will take a hard look at your situation first. You could end up having to start over with a new fiancé visa petition.

http://ukraine.usembassy.gov/iv-faq.html#q7

7. If my fiancée entered the U.S. on a K visa, but had to leave before we were married, can my fiancé(e) receive a new K visa?
A. K visas are issued valid for a single entry within a 6-month period. If a beneficiary has returned abroad prior to the marriage, the consular officer may issue a new K visa provided that the period of validity of the new visa does not exceed the 90th day after the date of initial admission to the US and provided also that the petitioner and beneficiary still intend and are free to marry as evidenced by a written request from a petitioner. After the 90th day, unless other arrangements have been made with USCIS prior to your fiancé(e)'s departure, you will need to start the K visa process again.

Edited by aaron2020

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So my fiance had to leave one month after being here for personal reasons.... we were just wondering if there is any way for him to come back with that visa? I feel like I already know the answer but we've also seen that some sites say that it is possible to come back within the 90 day period?

As long as you're still within the original 90 days, you can ask for the consulate to re-issue the visa. I'm not sure how to do this or how likely it is they'll give it to you, but you can try.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Yes it would be before the 90 day period :/ we will check.. I just thought possibly someone here passed through something similar. Thanks again

It's probably possible for you, I think you'll just have to act fast. What day did he arrive in the US? When did he leave? If the I-94 is still valid, they can probably re-issue the K1 without going through USCIS all over again first. I'm not sure if he will need to prove that the reason he left is "emergency" enough. That's a question for the consulate. But it is possible.

Here's an example of someone who had the visa reissued, and they're asking about problems at the airport. So it IS possible to reissue the visa. You just still need to be married within the same original 90 day timeframe. No additional days added.

http://www.visajourney.com/forums/topic/243574-k1-visa-reissued-will-there-be-problem-at-the-airport-us-immigration-customs/

Here's another person who needed to leave for a family medical emergency:

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

Not sure how they ended up.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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