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Question. My fiance on a K1 has a terminally ill mother and she is distraught and wants to go visit her asap. If we go file for marriage this week, would she be able to return to the US or would she be banned from coming as she wouldnt have the AOS completed. I'm assuming if she left on a K1, even if we were legally married she would not be able to return to the US. Any help would be greatly appreciated.

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If she leaves while on a K1 Visa, married or unmarried.  She will not be able to come back into the country.

 

If she leaves after marrying, she will be required to cancel her current Visa or AOS, and re-apply as a Spouse.  Basically you'll be starting all over.

 

There is one option you may have.  Marry, file for AOS with Advance Parole, try to get your Advanced Parole expedited due to your circumstance, then travel with your advanced parole document.


K1 Visa Process:

USCIS I-129F File Date:  January 4th, 2017

USCIS I-129F Receive Date:  January 5th, 2017

USCIS I-129F NOA1 Date:  January 11th, 2017

USCIS I-129F NOA2 Date:  April 25th, 2017

DOS NVC Receive:  May 12th, 2017

DOS NVC Case Number Issued:  May 12th, 2017

DOS NVC Leave Date:  May 18th, 2017

DOS Bogota Embassy Receive Date:  May 19th, 2017

DOS Bogota Embassy Sent K1 Packet 3/4 via Email:  June 12th, 2017

DOS Bogota Embassy Interview Date:  July 5th, 2017 (APPROVED!)

DOS Bogota VISA Received In-Hand: July 14th, 2017

Point of Entry into the United States: August 15th, 2017 (Newark)

Marriage:  October 19th, 2017

 

AOS Process:

USCIS I-485 (AOS), I-765 (EAD), & I-131 (AP) File Date:  November 6th, 2017

USCIS I-485 (AOS), I-765 (EAD), & I-131 (AP) Receive Date:  November 7th, 2017

USCIS I-485 (AOS), I-765 (EAD), & I-131 (AP) Text Receipt Notification Date: November 15th, 2017

USCIS I-485 (AOS), I-765 (EAD), & I-131 (AP) NOA1 Notice Date: November 15th, 2017

USCIS I-485 (AOS) & I-765 (EAD) Biometrics Appointment: December 7th, 2017

USCIS I-765 (EAD) & I-131 (AP) Approval Date: January 17th, 2018

USCIS I-765 (EAD) & I-131 (AP) Combo Card Receive Date: January 26th, 2018

USCIS I-485 (AOS) Interview Date Scheduled for: February 14th, 2018 (Recommended For Approval!)

USCIS I-485 (AOS) Approval Date: February 15th, 2018

USCIS I-485 (AOS) Green Card Received: February 24th, 2018

 

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31 minutes ago, SkruDe said:

There is one option you may have.  Marry, file for AOS with Advance Parole, try to get your Advanced Parole expedited due to your circumstance, then travel with your advanced parole document.

^^ this

It's really the only option that won't lead to you having to start all over. 


K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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50 minutes ago, durden2128 said:

Question. My fiance on a K1 has a terminally ill mother and she is distraught and wants to go visit her asap. If we go file for marriage this week, would she be able to return to the US or would she be banned from coming as she wouldnt have the AOS completed. I'm assuming if she left on a K1, even if we were legally married she would not be able to return to the US. Any help would be greatly appreciated.

 

If she leaves now before receiving her GC or her EAD/AP she will NOT be let back in. You will have to start over with a spousal visa and she will have to wait in her country for 12 - 14 months until she gets her visa to come back to the US.

 

It is a tough situation. There are similar cases in the past we have seen. All had to wait it out after their spouse left.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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"She may be able to get the visa re-issued if you DON'T get married before she leaves "" Can you please explain this further in detail. I have never heard this and know nothing about this and am EXTREMELY intrigued but It sounds too good to be true.

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What @JFH provided was an option where you and your wife not get married, she leaves to her country, then she applies for reissurance of the K1 since you did not get married on the current K1.

 

There IS a risk to this, though. There is no guarantee that she will be reissued the current K1 visa. If that is the case, you will have to file for a brand new one.

 

 


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

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18 hours ago, durden2128 said:

"She may be able to get the visa re-issued if you DON'T get married before she leaves "" Can you please explain this further in detail. I have never heard this and know nothing about this and am EXTREMELY intrigued but It sounds too good to be true.

Click on the link I provided. A very active member on this forum did exactly that - she had to return to her home country BEFORE getting married and she explained how she did it. You should read the whole thread and the information provided by her. 

Edited by JFH

 

 

 

 

 

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Another question. If I applied for a AOS fee waiver, would that negatively affect us later down the road when interviewing in person ? I ask because thats a reason why we have not applied for AOS yet as it's going to cost me an arm and a leg to fly my fiance back to Russia.

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55 minutes ago, durden2128 said:

Another question. If I applied for a AOS fee waiver, would that negatively affect us later down the road when interviewing in person ? I ask because thats a reason why we have not applied for AOS yet as it's going to cost me an arm and a leg to fly my fiance back to Russia.

There is no AOS fee waiver for adjustment on a family-based petition.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

?/?/?: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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My fiancee left 2 weeks after entering the U.S. on his K-1 visa because of a family medical emergency.  I contacted the consulate in Rio de Janero, and they were willing to reissue his visa provided he returned to the U.S. and we married before the expiration date of his original K-1 visa.  He wasn't able to do that, so we needed to begin the entire process for a new K-1 visa.

 

I would suggest contacting the embassy/consulate that issued the K-1 visa and ask if they would be willing to reissue the original visa.

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I had the same thing happens to my fiance/wife while waiting for AOS. Her father died. 

 

We went to the local Immigration Office and asked for emergency Advance Parole. We used her father death certificate as evidence and they granted a Advance Parole the same day.  Perhaps you can do the same if you show some documentation of her family member terminally ill status. 

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1 hour ago, ShekouTraveler said:

I had the same thing happens to my fiance/wife while waiting for AOS. Her father died. 

 

We went to the local Immigration Office and asked for emergency Advance Parole. We used her father death certificate as evidence and they granted a Advance Parole the same day.  Perhaps you can do the same if you show some documentation of her family member terminally ill status. 

This only applies if you have already married and started the AOS procedure. OP is not married yet and by all accounts the matter is so urgent that they don't even have time to get married, start the AOS and request emergency AP. The fiancée wants to travel immediately. 


 

 

 

 

 

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