She had to go home early.

[Rim 0]

I tried to write this out in paragraph form but it didn't flow very well.

The facts:

1. She came to America on a K-1 visa but due to a family emergency had to return home.

2. Her visa hasn't expired but will expire very soon.

My assumptions:

1. She can't return to America on the same K-1 visa.

My questions:

1. Do I need to file any forms with immigration to inform them that she will not be staying in America?

2. Are we allowed to apply for another K-1 visa?

Any suggestions beyond my questions are also welcome.

Thanks

[TimsDaisy 0]

I tried to write this out in paragraph form but it didn't flow very well.

The facts:

1. She came to America on a K-1 visa but due to a family emergency had to return home.

2. Her visa hasn't expired but will expire very soon.

My assumptions:

1. She can't return to America on the same K-1 visa.

My questions:

1. Do I need to file any forms with immigration to inform them that she will not be staying in America?

2. Are we allowed to apply for another K-1 visa?

Any suggestions beyond my questions are also welcome.

Thanks

Call the Embassy/State Department and a qualified immigration attorney.

[Kez/JWolf 6]

Did you get married???

How long until the 90 days are up?

Could she return now if she was able?

Kez

[Rim 0]

Did you get married???

How long until the 90 days are up?

Could she return now if she was able?

Kez

We didn't get married.

No she can't come back before the 90 days are up, she is taking care of her father and the 90 days is up this week.

My immediate goal is to make certain that her K-1 visa status is ended in a way that doesn't cause problems in the future.

Edited July 16, 2007 by Rim

[Dan J 277]

Did you get married???

How long until the 90 days are up?

Could she return now if she was able?

Kez

No she can't come back before the 90 days are up, she is taking care of her father and the 90 days is up this week.

My immediate goal is to make certain that her K-1 visa status is ended in a way that doesn't cause problems in the future.

Provided you haven't been married yet, and the visa is not outside its original 6 months expiration, you may be able to revalidated the original visa at the embassy or consulate where the visa was granted.

[Jasman0717 9]

You don't have time to marry and do an emergency advanced parole? Otherwise you will be doing the petition all over again. Good luck

Edited July 17, 2007 by jasman0717

[john_and_marlene 162]

Provided you haven't been married yet, and the visa is not outside its original 6 months expiration, you may be able to revalidated the original visa at the embassy or consulate where the visa was granted.

This is not true. A K1 visa can be revalidated if they didn't get married yet, but the revalidation and marriage must occur within the 90 days from the initial entry to the US.

[Kez/JWolf 6]

Provided you haven't been married yet, and the visa is not outside its original 6 months expiration, you may be able to revalidated the original visa at the embassy or consulate where the visa was granted.

This is not true. A K1 visa can be revalidated if they didn't get married yet, but the revalidation and marriage must occur within the 90 days from the initial entry to the US.

Agreed.... if the 90 days has expired and she has left the US then the K1 can not be revalidated.... you will have to file for another K1....

Kez

[pushbrk 14,507]

Provided you haven't been married yet, and the visa is not outside its original 6 months expiration, you may be able to revalidated the original visa at the embassy or consulate where the visa was granted.

This is not true. A K1 visa can be revalidated if they didn't get married yet, but the revalidation and marriage must occur within the 90 days from the initial entry to the US.

Agreed.... if the 90 days has expired and she has left the US then the K1 can not be revalidated.... you will have to file for another K1....

Kez

This is correct. You will also need to include a waiver request to satisfy IMBRA. Just write a letter explaining why you are filing again and asking for a waiver and include it with your new petition when you are ready to file. There are some examples here in similar recent thread. Check out the IMBRA forum.

[Rim 0]

Provided you haven't been married yet, and the visa is not outside its original 6 months expiration, you may be able to revalidated the original visa at the embassy or consulate where the visa was granted.

This is not true. A K1 visa can be revalidated if they didn't get married yet, but the revalidation and marriage must occur within the 90 days from the initial entry to the US.

Agreed.... if the 90 days has expired and she has left the US then the K1 can not be revalidated.... you will have to file for another K1....

Kez

This is correct. You will also need to include a waiver request to satisfy IMBRA. Just write a letter explaining why you are filing again and asking for a waiver and include it with your new petition when you are ready to file. There are some examples here in similar recent thread. Check out the IMBRA forum.

My original petition was after IMBRA so I should be covered there.

The 90 days is up on Friday July 20, she called the embassy and they asked her to bring her visa, a letter from me and a copy of my passport before July 20 and they would decide if they will re-validate her visa. If that doesn't work then we will file another K-1.

Thanks for the help.

[john_and_marlene 162]

Provided you haven't been married yet, and the visa is not outside its original 6 months expiration, you may be able to revalidated the original visa at the embassy or consulate where the visa was granted.

This is not true. A K1 visa can be revalidated if they didn't get married yet, but the revalidation and marriage must occur within the 90 days from the initial entry to the US.

Agreed.... if the 90 days has expired and she has left the US then the K1 can not be revalidated.... you will have to file for another K1....

Kez

This is correct. You will also need to include a waiver request to satisfy IMBRA. Just write a letter explaining why you are filing again and asking for a waiver and include it with your new petition when you are ready to file. There are some examples here in similar recent thread. Check out the IMBRA forum.

My original petition was after IMBRA so I should be covered there.

The 90 days is up on Friday July 20, she called the embassy and they asked her to bring her visa, a letter from me and a copy of my passport before July 20 and they would decide if they will re-validate her visa. If that doesn't work then we will file another K-1.

Thanks for the help.

Even if they revalidate it, she will have to come back to the US and get married before Jul 20th. The revalidation won't be good beyond that date. If she doesn't plan on coming back before then, they won't revalidate it.

Wheter or not your original petition was after IMBRA, your next one will be. You will need to request a waiver this time as it will be your second petition within 2 years.

Edited July 17, 2007 by john_and_marlene

[TracyTN 237]

john and marlene is correct.

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

[Rim 0]

john and marlene is correct.

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

I've put together the forms for another K-1 filing, but I don't see a "waiver" form that would apply to a second K-1 application within 2 years. Would someone please point me to the correct form?

Thank you.

[pushbrk 14,507]

john and marlene is correct.

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

I've put together the forms for another K-1 filing, but I don't see a "waiver" form that would apply to a second K-1 application within 2 years. Would someone please point me to the correct form?

Thank you.

There isn't a form. Write a letter explaining why you are filing a second fiance petition and ask that they waive the limitation.

[Rim 0]

john and marlene is correct.

"IMBRA imposes limitations on the number of petitions a petitioner for a K nonimmigrant visa for an alien fiancé(e) (K-1) may file or have approved without seeking a waiver of the application of those limitations. If the petitioner has filed two or more K-1 visa petitions at any time in the past, or previously had a K-1 visa petition approved within two years prior to the filing of the current petition, the petitioner must request a waiver. These limitations do not apply to petitioners for a K nonimmigrant visa for an alien spouse (K-3)."

I've put together the forms for another K-1 filing, but I don't see a "waiver" form that would apply to a second K-1 application within 2 years. Would someone please point me to the correct form?

Thank you.

There isn't a form. Write a letter explaining why you are filing a second fiance petition and ask that they waive the limitation.

Is it correct to include the letter with the application for the new visa?