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Shazada

K1 visa for the second time the same person.

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Filed: Timeline

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 ?



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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 by TL2016

K-1 Visa Timeline for T&L

 

08/03/15: Sent I-129F
07/15/16: Visa Issued

 

AOS Timeline for T&L

 

02/23/17: Sent AOS Package
10/20/17: I-485 Approved without interview after 236 days

 

ROC Timeline for T&L

08/15/2019: Sent ROC Package

08/17/2019: Delivered

08/21/2019: NOA-1 Text

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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 by Nipperswife

B1/B2 Visa since 2012 > traveled 2013, 2014, 2015, 2016 > Marriage > AOS

AOS Sent July 20th > PD > July 26th 2016

EAD approved in (87 days)

Received EAD Combo Card (101 days)

Interview May 30th 2017 (308 days) 

Case Approved May 30th 2017 (308 days)

Greencard received June 7th 2017 (316 days)

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Filed: Timeline

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.

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Filed: Timeline

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.

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Timeline

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

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Filed: Timeline

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,

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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

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Filed: Timeline

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!!

attachicon.gifI-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 ?

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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

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Filed: Timeline

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

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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

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Filed: Citizen (apr) Country: Ecuador
Timeline

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.


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(!).

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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 17th 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!!!

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Filed: Timeline

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 17th 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

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