Emergency exit if the US because of COVID - can I get back to the US

[Ana L. 0]

Hi everyone, 

 

I hope everyone is staying safe. I entered the US in March with a K1 Visa to marry my fiance. Because of COVID and then the riots and looting we were not able to get a marriage license until June 9th and my passport was tamped to be married by June 18th. Everything was set for us to marry but then I got news that a family member in Mexico was terminally ill with COVID and I left the US to be with her. We have our marriage license but never made it to the the courthouse. Is there a chance to revalidate my visa? It expires August 18th. 

 

Thank you in advance. 

[retheem 553]

If you never got married to begin with, you are out of luck and you will need to do a spousal visa. Sorry pal

Edited June 22, 2020 by retheem

[Just Paul 4,591]

23 minutes ago, Ana L. said:

Is there a chance to revalidate my visa? It expires August 18th

Yes - but only if you can get a consulate appointment and into the US by August 18rh.   If you can't get that done then you would have to redo the K1 or spousal process

[Just Paul 4,591]

5 minutes ago, retheem said:

you will have to do a spousal visa.

If the license wasn't executed and filed then they are not married.

[Ana L. 0]

1 minute ago, Paul & Mary said:

If the license wasn't executed and filed then they are not married.

Thank you so much! Any idea how to get that kind of appointment at the consulate? THANK YOU SO MUCH! 

[Just Paul 4,591]

4 minutes ago, Ana L. said:

Thank you so much! Any idea how to get that kind of appointment at the consulate? THANK YOU SO MUCH! 

I don't have my notes handy for CDJ but as I recall you need to contact the IV unit, do another DS-160 and fee and bring new Letter of Intent to Marry letters from both of you,  I don't know how practical it is going to be with the consulate being closed.

 

Here is a reference for Thailand. - look at the very last paragraph.  https://www.siam-legal.com/us-visa/reissuance-of-a-k-1-visa-for-thailand/

[Ana L. 0]

11 minutes ago, Paul & Mary said:

I don't have my notes handy for CDJ but as I recall you need to contact the IV unit, do another DS-160 and fee and bring new Letter of Intent to Marry letters from both of you,  I don't know how practical it is going to be with the consulate being closed.

 

Here is a reference for Thailand. - look at the very last paragraph.  https://www.siam-legal.com/us-visa/reissuance-of-a-k-1-visa-for-thailand/

Thank you so much! You have no idea how stressed we've been with all going on! I so appreciate your help! 

[JFH 12,189]

If you have been in contact with someone with a confirmed COVID-19 diagnosis, be prepared for health screening at the border if you get an appointment soon.

[jan22 2,898]

3 hours ago, Paul & Mary said:

Yes - but only if you can get a consulate appointment and into the US by August 18rh.   If you can't get that done then you would have to redo the K1 or spousal process

This is not correct.  Possibility of re-issuance is not based on the expiration date of the visa.  Once the K-1 is used, it is based on the I-94 date, i.e., 90 days from the date of entry.  The visa would have to be re-issued, used to enter the US, and the marriage take place all within the original 90 days.  Since that date (June 18th) has passed, there is no possibility for a new K-1. 

 

Sorry, but only two options now:  1) Fiancee can file a new K-1 petition, or 2) they can get married and file for a CR-1.

Edited June 23, 2020 by jan22

[Just Paul 4,591]

34 minutes ago, jan22 said:

This is not correct.  Possibility of re-issuance is not based on the expiration date of the visa.  Once the K-1 is used, it is based on the I-94 date, i.e., 90 days from the date of entry.  The visa would have to be re-issued, used to enter the US, and the marriage take place all within the original 90 days.  Since that date (June 18th) has passed, there is no possibility for a new K-1. 

 

Sorry, but only two options now:  1) Fiancee can file a new K-1 petition or 2) they can get married and file for a CR-1.

True the VISA expires the moment it is used.   However there are two options open to the OP:  

 

First for trips to Mexico, Canada or surrounding islands - as described in https://www.ecfr.gov/cgi-bin/text-idx?SID=2685381f45c213838c7819875584ebe8&mc=true&node=se22.1.41_1112&rgn=div8  There is a big risk using this as especially at a land crossing as the officers are not always up to date on this.  It is refereded to as AUTOMATIC REVALIDATION by CBP.  

 

Second is consulate revalidation (of the petition) where a consulate can re-issue (a new foil) upon receiving a new DS-160 and MRV if the previous VISA would have not expired.  (And I suggest providing updated copies of the Letter of Intent to Marry and preferably I-134 and anything else was needed at the interview).

https://fam.state.gov/fam/09FAM/09FAM050207.html#M502_7_3_B  see d5  

In pop TV there was an example of the on 90 day Fiance wh ere the guy from Turkey leaves and then comes back the day the visa expires and marries.

 

Hopefully the OP can do option 2 depending on the getting ahold of the consulate. . .  Even in the best of times Ciudad Juarez is a mess.  So yes it is possible but may not be practical  in today's condition.

 

 

Edited June 23, 2020 by Paul & Mary

[jan22 2,898]

21 minutes ago, Paul & Mary said:

True the VISA expires the moment it is used.   However there are two options open to the OP:  

 

First for trips to Mexico, Canada or surrounding islands - as described in https://www.ecfr.gov/cgi-bin/text-idx?SID=2685381f45c213838c7819875584ebe8&mc=true&node=se22.1.41_1112&rgn=div8  There is a big risk using this as especially at a land crossing as the officers are not always up to date on this.  It is refereded to as AUTOMATIC REVALIDATION by CBP.  

 

Second is consulate revalidation (of the petition) where a consulate can re-issue (a new foil) upon receiving a new DS-160 and MRV if the previous VISA would have not expired.  (And I suggest providing updated copies of the Letter of Intent to Marry and preferably I-134 and anything else was needed at the interview).

https://www.ecfr.gov/cgi-bin/text-idx?SID=2685381f45c213838c7819875584ebe8&mc=true&node=se22.1.41_1112&rgn=div8  see (d)5    In pop TV there was an example of the on 90 day Fiance where the guy from Turkey leaves and then comes back the day the visa expires and marries.

 

Hopefully the OP can do option 2 depending on the getting ahold of the consulate. . .  Even in the best of times Ciudad Juarez is a mess.  So yes it is possible but may not be practical  in today's condition.

 

 

No, it is not possible. 

 

Please google and read 9 FAM 502.7-3 (C)(7)(e).  Your option two is only an option IF the visa was never used to enter the US.  Once that one entry on the visa has been used, you have 90 days to get married.  Period.  If you leave the US prior to marriage, you can try to get the visa re-issued, but you need to be able to enter the US and get married still within the original 90 days.  There is no way to turn the K-1 visa into essentially a two-entry visa with two different 90 day periods.

 

And, your option one is also not an option, since the 90-day entry on the I-94 has expired without a marriage taking place.

Edited June 23, 2020 by jan22

[jan22 2,898]

17 minutes ago, jan22 said:

No, it is not possible. 

 

Please google and read 9 FAM 502.7-3 (C)(7)(e).  Your option two is only an option IF the visa was never used to enter the US.  Once that one entry on the visa has been used, you have 90 days to get married.  Period.  If you leave the US prior to marriage, you can try to get the visa re-issued, but you need to be able to enter the US and get married still within the original 90 days.  There is no way to turn the K-1 visa into essentially a two-entry visa with two different 90 day periods.

 

And, your option one is also not an option, since the 90-day entry on the I-94 has expired without a marriage taking place.  (See 41.112 (d)(2)(iv) in your citation, that automatic extension re-entry needs to be within the original period of authorized stay).

Sorry, I tried to edit to add the final sentence and it ended up like this!

Edited June 23, 2020 by jan22

[payxibka 10,044]

4 hours ago, Paul & Mary said:

Yes - but only if you can get a consulate appointment and into the US by August 18rh.   If you can't get that done then you would have to redo the K1 or spousal process

No, OP is SOL.  I94 has expired nothing can be done to save this.

[Just Paul 4,591]

@jan22 and @payxibka are correct - if your I-94 is expired then there is no other option then to get a new I-129F or married and an I-130.  So sorry! Reading off the cell phone got me again

 

[HRQX 4,145]

4 hours ago, jan22 said:

Sorry, but only two options now:  1) Fiancee can file a new K-1 petition, or 2) they can get married and file for a CR-1.

Thus @Lucky Cat's comparison is apt for this thread: