Coming back after leaving before the 90 day issued visa?

[kimmygeee 7]

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?

[aaron2020 11,651]

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 August 17, 2015 by aaron2020

[Pennycat 880]

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.

[kimmygeee 7]

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

[Pennycat 880]

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.