What are options now?

[Diaz.S 1]

Hi! My fiance came to the US with her 16 yr old son. After 21 days, they returned to Colombia. The only option for her to come back is to start over again? Does the interviewer takes that into account if she applies for a tourist visa? 

[Mrsjackson 300]

You need to start over again. Absolutely will be taken into account if she applies for a tourist visa. 

[Just Paul 4,591]

She can try for a tourist visa but it might be hard so soon after getting a K1.

[HRQX 4,145]

19 minutes ago, Diaz.S said:

My fiance came to the US with her 16 yr old son. After 21 days, they returned to Colombia. 

Why did they leave? No guarantee, but if still within the 90 days she can submit a new DS-160 to try for a subsequent K-1; https://fam.state.gov/fam/09FAM/09FAM050207.htmlhttps://fam.state.gov/fam/09FAM/09FAM050207.html:

Quote

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.

 

Edited July 30, 2019 by HRQX

[Diaz.S 1]

3 minutes ago, Paul & Mary said:

She can try for a tourist visa but it might be hard so soon after getting a K1.

I did not mention how long ago she got the K1. 

4 minutes ago, HRQX said:

Why did they leave? No guarantee, but if still within the 90 days can submit a new DS-160 to try for a subsequent K-1; https://fam.state.gov/fam/09FAM/09FAM050207.htmlhttps://fam.state.gov/fam/09FAM/09FAM050207.html:

 

We did not get married during the time she was here. 

[HRQX 4,145]

10 minutes ago, Diaz.S said:

We did not get married during the time she was here. 

I'll quote the full section for clarification:

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.

 

[Going through 5,668]

How many days within the US from date of entry to date of leaving?  And how long ago did she leave?  I would look into getting it reissued as HRQX outlined above, if the intent is to still marry.

Edited July 30, 2019 by Going through

[Diaz.S 1]

7 minutes ago, Going through said:

How many days within the US from date of entry to date of leaving?  And how long ago did she leave?  I would look into getting it reissued as HRQX outlined above, if the intent is to still marry.

She only stayed in the USA for 21 days, as I stated in the original post. It has been 7 months since she went back to Colombia. 

[Just Paul 4,591]

Just now, Diaz.S said:

She only stayed in the USA for 21 days, as I stated in the original post. It has been 7 months since she went back to Colombia. 

too long - you have to start over

[Diaz.S 1]

Just now, Paul & Mary said:

too long - you have to start over

Yeah, I figured we would. But do you think she would be automatically denied if she tried to get a tourist visa. She really is not intending to overstay 🤣

[Just Paul 4,591]

2 minutes ago, Diaz.S said:

Yeah, I figured we would. But do you think she would be automatically denied if she tried to get a tourist visa. She really is not intending to overstay 🤣

She has to show strong ties to Columbia and have a child there is not considered a strong tie.

 

$160 to find out.

[Crazy Cat 39,187]

8 minutes ago, Diaz.S said:

Yeah, I figured we would. But do you think she would be automatically denied if she tried to get a tourist visa. She really is not intending to overstay 🤣

Previous immigrant intent.....I don't think she will be coming back to the US for some time.....a few years, imo.

Edited July 30, 2019 by missileman

[Diaz.S 1]

1 minute ago, missileman said:

Previous immigrant intent.....I don't think she will be coming back to the US for some time.....a few years, imo.

Wait a minute! Are you exaggerating? Why would she be denied if we just do everything over again? She had a good reasons to return so soon. 

[Boiler 43,396]

Has she previously had a B?

[Diaz.S 1]

1 minute ago, Boiler said:

Has she previously had a B?

No. Just a K1