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Left the country on a K1

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Hello,

 

For the last year me and my fiancée had been applying for a K1 VISA. Once we finally got it and I could visit and get married something happen. I had to come back to my country due to personal and family reasons. The thing is we did not get married before I left, and it is a 1-entry only VISA. 

 

Is there anything we can do at this point? Do we have to apply again and wait for the entire process? I'm part of the 31 countries that can enter through an ESTA VISA. What would be the best option? Is there any way I can refresh my VISA so that I'm allowed a second entry so we can finally get married?

 

Thank you for your time.

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20 minutes ago, Rookiee said:

Hello,

 

For the last year me and my fiancée had been applying for a K1 VISA. Once we finally got it and I could visit and get married something happen. I had to come back to my country due to personal and family reasons. The thing is we did not get married before I left, and it is a 1-entry only VISA. 

 

Is there anything we can do at this point? Do we have to apply again and wait for the entire process? I'm part of the 31 countries that can enter through an ESTA VISA. What would be the best option? Is there any way I can refresh my VISA so that I'm allowed a second entry so we can finally get married?

 

Thank you for your time.

If you are still within the 90 day period following your entry on the K1 visa, the Consulate has some discretion to reissue the visa to allow you to return to the US and marry .. but I think that all needs to take place .. including the marriage... before the end of the original 90 day window. 

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ESTA etc is irrelevant, if you are still within your existing 90 days you could contact the Consulate to see if they will re-validate the K1.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Like you said, it's for a singular entry only. Since you used that entry, the K1 is voided. The trajectory to exit the country legally would've would've been to marry, file adjustment of status and then for advance parole (or just wait for your green card) to have permission to leave the country. Since you left before you can even apply for advance parole (due to your family situation), you have no option to reenter. You could contact the consulate (in your home country) to see if K1 can be essentially reinstated, but you need to be within the 90 day window and I'm not clear on the specifics of this and they might examine the situation with scrutiny. 

 

In terms of reapplying for the K1, the ~general~ rule is that your petitioner (fiancé) can only apply for another K1 visa two years after approval of the first one you got. There is a waiver you can request to get around this.

 

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

 

As for ESTA if you end up having to go that route, there's no rule against marrying on the ESTA to my knowledge -- more info here: https://www.soundimmigration.com/i-came-to-the-u-s-on-esta-can-i-adjust-status/


Marriage: 2018-12-28 [in Portugal]

I-130 Sent: 2019-02-24

I-130 NOA1: 2019-03-07

I-130 Approved: 2019-05-31

NVC Received: 2019-06-19 (but no case # yet) 

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If it is still within the 90 days, you can contact the Consulate. Unfortunately by the time we contacted them it was around day 94? Just a few days too late. But they are able to reissue at their discretion but I’m sure it has to be a very compelling reason. 


07-17-2009 I-129F sent

07-22-2009 NOA1 date

07-24-2009 check cleared

07-30-2009 NOA1 received via snail mail

10-14-2009 NOA2 (we were around #187 on Igor's List)

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4 minutes ago, PeruvyandGringa said:

If it is still within the 90 days, you can contact the Consulate. Unfortunately by the time we contacted them it was around day 94? Just a few days too late.

Accounting for travel and US marriage time adds days. https://fam.state.gov/fam/09FAM/09FAM050207.html

Quote

Issuance of subsequent K-1 Visa: If a K-1 visa, valid for a single entry and a six-month period, has already been used for admission into the United States and the alien fiancé(e) returns abroad prior to the marriage, you may issue a new K visa, provided that the period of validity does not exceed the 90th day after the date of initial admission of the alien on the original K visa to the United States, and provided that the petitioner and beneficiary still intend and are free to marry. The alien’s return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status. To issue this subsequent visa the applicant must pay a new MRV fee and provide a new DS-160. Using the information in the original petition and the new DS-160 create a new case in NIV, and adjust the validity date to fall within the original 90-day time period. Post should not produce a new additional packet for the K-1 visa holder to present to CBP at the Port of Entry.

 

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