K1 visa for the second time the same person.

[Shazada 3]

I went to america on K1 VISA and before getting married I came back to my country because we thought we may not be ready this time. 10 days after we both decided yes we are ready and we want to marry one another because we do really love one another and cannot be a part anymore. Is there any chance to me to ask for renew my K1 visa since we still not passed the 90 days of my first entry ?

My K1 visa is already expired but I have a valid B1/B2 visa which I do not want to use it for married. The B1/B2 visa I have is valid still.

Does she need to apply again for me for the second K1 visa ?

Does waiver is reqired for her if she has to apply again for the second K1 VISA?

Is there anyone can help please ?

[TL2016 208]

Contact your local embassy / consulate and ask if your K-1 visa can be re-validated as long as you two did not get married. This most likely be your only chance and if that doesn't work out then you'll probably have to go through the whole process again.

Your B1/B2 visa was very likely "Cancelled without prejudice" when you received your K-1 visa. So using that isn't an option, and entering the US on a tourist visa with the intent to stay and adjust status is fraud anyway.

Edited September 9, 2016 by TL2016

[Imani 105]

You don't have to get married on a K1 Visa. Once you do get married however, it is best you stay and file... should you leave after filing or before filing you may be prevented from entering due to the opened case.... You have to check if your visa was cancelled though.. they usually stamp it across the visa.

Edited September 9, 2016 by Nipperswife

[Shazada 3]

You don't have to get married on a K1 Visa. Once you do get married however, it is best you stay and file... should you leave after filing or before filing you may be prevented from entering due to the opened case.... You have to check if your visa was cancelled though.. they usually stamp it across the visa.

Thanks for your comment, No we did not get married.

[Shazada 3]

Contact your local embassy / consulate and ask if your K-1 visa can be re-validated as long as you two did not get married. This most likely be your only chance and if that doesn't work out then you'll probably have to go through the whole process again.

Your B1/B2 visa was very likely "Cancelled without prejudice" when you received your K-1 visa. So using that isn't an option, and entering the US on a tourist visa with the intent to stay and adjust status is fraud anyway.

Thanks for your time but I got the B2/B1 visa while I was about to get the K1 and they never canceled even I was not sure why.

[MeAlone 158]

Thanks for your time but I got the B2/B1 visa while I was about to get the K1 and they never canceled even I was not sure why.

It doesn't matter the tourist visa is not cancelled, if you travel, they have you on the computer as a K1 visa too and it's very possible they don't let you in.

Try your local embassy, maybe they do extent your visa for the 2nd entrance, very sometimes they do. If they don't, the only one option is to go to do the K1 visa again or to marry abroad and to do the marriage visa. Your tourist visa it will be always not good as you showed the intention to immigrate applying for the fiance visa.

Good luck!

Tasha

[Shazada 3]

It doesn't matter the tourist visa is not cancelled, if you travel, they have you on the computer as a K1 visa too and it's very possible they don't let you in.

Try your local embassy, maybe they do extent your visa for the 2nd entrance, very sometimes they do. If they don't, the only one option is to go to do the K1 visa again or to marry abroad and to do the marriage visa. Your tourist visa it will be always not good as you showed the intention to immigrate applying for the fiance visa.

Good luck!

Tasha

Thanks TASHA,

[ddtenor2 80]

I am the U.S. citizen. My (now) husband entered the U.S. on a K-1 visa but had to leave for a family emergency before we married. I contacted the consulate in Rio de Janeiro, and they were willing to reissue his K-1 visa as long as he returned to the U.S within the time time allotted by his original I-94. That was 90 days from the date of his original entry. That ended up not being practical, and I needed to apply for a second K-1 for him when he was finally able to return. That also required an IMBRA waiver,and I am attaching a copy of the letter I sent along with the second I-129F.

If you are able to get your original K-1 visa issued and you do return, you will still be required to marry before the original I-94 expires. USCIS does not allow for an additional 90-day period to marry.

Good luck!!

I-129F Multiple Filing Waiver Letter .pdf

[Shazada 3]

I am the U.S. citizen. My (now) husband entered the U.S. on a K-1 visa but had to leave for a family emergency before we married. I contacted the consulate in Rio de Janeiro, and they were willing to reissue his K-1 visa as long as he returned to the U.S within the time time allotted by his original I-94. That was 90 days from the date of his original entry. That ended up not being practical, and I needed to apply for a second K-1 for him when he was finally able to return. That also required an IMBRA waiver,and I am attaching a copy of the letter I sent along with the second I-129F.

If you are able to get your original K-1 visa issued and you do return, you will still be required to marry before the original I-94 expires. USCIS does not allow for an additional 90-day period to marry.

Good luck!!

I-129F Multiple Filing Waiver Letter .p

Thanks so very much for your comment, I am just wander if they asked your Fiance to prove id by paper or document that he had a family emergency ?

[MeAlone 158]

Thanks so very much for your comment, I am just wander if they asked your Fiance to prove id by paper or document that he had a family emergency ?

Usually it's better to present the prove even if they don't ask you, it saves you any additional delays or questions for K1 and in AOS interview

Tasha

[Shazada 3]

Usually it's better to present the prove even if they don't ask you, it saves you any additional delays or questions for K1 and in AOS interview

Tasha

Thanks again, the problem my family had a problem and had to help to solve it cause I am the oldest child so no any papers I can have to show them to prove ..

Tasha

[MeAlone 158]

Thanks again, the problem my family had a problem and had to help to solve it cause I am the oldest child so no any papers I can have to show them to prove ..

Tasha

ask your family to sign the letter explaining your situation, it will be OK

Tasha

[TBoneTX 43,058]

If the K-1 entrant has to leave within the 90 days and if return during that period is desired, it's highly recommended that the consulate be notified of the situation beforehand or as soon as possible thereafter, to give the COs a chance to react.

[ddtenor2 80]

Thanks so very much for your comment, I am just wander if they asked your Fiance to prove id by paper or document that he had a family emergency ?

No, the consulate did not ask for any documentation, just my fiancee's passport. Here is the content of their email reply:

Dear Mr. XXXXXXX,

Please send us back the passport of your fiancée and we will proceed with the visa reissuance. Please note that the whole process (Reenter in the United States, Marriage and the conclusion of the adjustment of status) will have to be completed within 90 days of the date of the first entry in the United States, Which occurred in January 17^th 2015.

Regards

Immigrant Visa Unit

United States Consulate General

Rio de Janeiro - RJ –Brazil

By the way, I think the CO was incorrect in stating that the conclusion of the adjustment of status had to occur within 90 days of the first entry into the U.S. I believe only re-entry and marriage would have needed to occur in the original time frame.

Good luck!!!

[Shazada 3]

No, the consulate did not ask for any documentation, just my fiancee's passport. Here is the content of their email reply:

Dear Mr. XXXXXXX,

Please send us back the passport of your fiancée and we will proceed with the visa reissuance. Please note that the whole process (Reenter in the United States, Marriage and the conclusion of the adjustment of status) will have to be completed within 90 days of the date of the first entry in the United States, Which occurred in January 17^th 2015.

Regards

Immigrant Visa Unit

United States Consulate General

Rio de Janeiro - RJ –Brazil

By the way, I think the CO was incorrect in stating that the conclusion of the adjustment of status had to occur within 90 days of the first entry into the U.S. I believe only re-entry and marriage would have needed to occur in the original time frame.

Good luck!!!

Thanks again for all your help. I do really appreciate it