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Ana L.

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

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Filed: K-1 Visa Country: Mexico
Timeline

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. 


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Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
Posted (edited)

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 by retheem

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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


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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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.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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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/


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: K-1 Visa Country: Mexico
Timeline
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! 


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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.


 

 

 

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Filed: Timeline
Posted (edited)
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 by jan22

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Posted (edited)
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 by Paul & Mary

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Filed: Timeline
Posted (edited)
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 by jan22

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Filed: AOS (apr) Country: Philippines
Timeline
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.


YMMV

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@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 :(

 


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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