What is the right thing to do?

[Woxter 0]

Hi. is there anyone can help me about my problem.. My fiancee got his K1 visa and finally we got married in US. But after we got married he left the country because of some personal issues ( i know sounds stupid).But now since we fixed those problems. I would like to know if he can just go back here with his 4 months visa and continue the paper works or do we have to file a new kind of visa? I will appreciate for any kind of help.God Bless

[pushbrk 13,635]

Hi. is there anyone can help me about my problem.. My fiancee got his K1 visa and finally we got married in US. But after we got married he left the country because of some personal issues ( i know sounds stupid).But now since we fixed those problems. I would like to know if he can just go back here with his 4 months visa and continue the paper works or do we have to file a new kind of visa? I will appreciate for any kind of help.God Bless

To what "4 months visa" do you refer?

[Woxter 0]

Hi. is there anyone can help me about my problem.. My fiancee got his K1 visa and finally we got married in US. But after we got married he left the country because of some personal issues ( i know sounds stupid).But now since we fixed those problems. I would like to know if he can just go back here with his 4 months visa and continue the paper works or do we have to file a new kind of visa? I will appreciate for any kind of help.God Bless

To what "4 months visa" do you refer?

A tourist visa...

[bszoom42 0]

Nevermind my initial response... I misread the question - sorry.

Now that I have ready the question properly - I don't think you can use the Tourist Visa because he does not have intent to return back to his country.

Edited August 14, 2007 by bszoom42

[Woxter 0]

Nevermind... I misread the question - sorry.

Can we use his tourist visa to continue the paperworks or do i have to file another special kind of visa?

[Woxter 0]

Nevermind... I misread the question - sorry.

Can we use his tourist visa to continue the paperworks or do i have to file another special kind of visa?

So what kind of visa do we have to file so we can continue doing the papers?

[bszoom42 0]

I don't think you can use the Tourist Visa because he does not have intent to return back to his country. You may have to sponsor him as a Spouse of a U.S. Citizen, but I am not sure. perhaps you can contact the embassy for further details?

[YuAndDan 153]

Don't understand what you mean by 4 month visa. You will be filing for a CR-1 or K-3 visa to re-enter the country as a spouse.

[YuAndDan 153]

I don't think you can use the Tourist Visa because he does not have intent to return back to his country. You may have to sponsor him as a Spouse of a U.S. Citizen, but I am not sure. perhaps you can contact the embassy for further details?

Correct, That is what the K-3 is for, to enter as a spouse and continue with AOS paperwork process.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

http://www.visajourney.com/forums/index.ph...page=i130guide2

Also: FAQ: http://www.visajourney.com/faq/k1k2visa-aos.html#6.7

6.7)...Can my spouse leave the United States, and then re-enter, before receiving the Green Card (conditional permanent residency)?

A...The spouse cannot re-enter the US unless they have "advance parole" authorization (application form I-131). Advance parole allows you to re-enter the US before approval of Adjustment of Status. Without advance parole approval, leaving the United States is considered an abandonment of your application for Adjustment of Status. Without advance parole approval, the USCIS (INS) will consider you an intending immigrant without a valid visa, and you will be denied entry. If you do not apply for advance parole when you file for Adjustment of Status, contact your local USCIS (INS) office to find out how long it takes them to issue Advance Parole. Although advance parole is supposed to be issued to anyone who wants it for any reason at all, some local USCIS (INS) offices may take weeks or months, and may require proof of a serious emergency.

If you have left the US without advance parole approval, you will most likely have to apply for a "spousal visa" (I-130 Petition for Alien Relative) to re-enter the US. This can take months. Any other legal remedies through US Consulates will be time-consuming as well.

Current policy is that Advance Parole applications are sent to a national address for intial processing. In some cases your local office may accept these applications. It is worth calling them to check if this is possible. If so they be able to process the application faster. In emergencies a local office is able to process them locally without having to file the application with the national address. Contact them for more information.

Since you left the country with out first filing for AOS and AP the process oe even more dificault and requires K-3 or CR-1 to reenter.

Personaly I would file for CR-1 it costs less and no EAD or AOS needed upon reentry, you will get green-card.

[Mononoke28 137]

I don't think he can come back on a tourist visa since he already came in as a K1 visa holder. He should've applied for AP before leaving the US so he could come back to finish the process.

What I think you will have to do is start all over again and file for a CR1 or K3 visa.

Diana

[Woxter 0]

I don't think he can come back on a tourist visa since he already came in as a K1 visa holder. He should've applied for AP before leaving the US so he could come back to finish the process.

What I think you will have to do is start all over again and file for a CR1 or K3 visa.

Diana

Even if we got married here in US?

[bszoom42 0]

I'm very suprised that the consulate did not cancel the tourist visa upon granting the K1 visa.

Are you certain the tourist Visa is still valid? Sometimes they cancel it on their computer systems, but do not place any mark on the Passport Visa page.

[bszoom42 0]

Even if we got married here in US?

Marriage in the US does not allow you a "get through Immigrations Free card".

You spouse still needs a Visa to come into the country, as he is NOT a U.S. Citizen or Permanant Legal Resident.

The problem is for you to get him a visa, you will need to sponsor him as a spouse of yours - CR-1/K-3 process; as he is no longer a fiancee.

Unless of course, you contact the embassy, and they are sympathetic for your case and grant your spouse a visa.

Technically, the Embassy has a lot of power to do nearly anything they want. Realistically, they rarely wield this awesome power unless their due process is followed.

Perhaps you want to contact the embassy to see what your options are?

[Mononoke28 137]

Even if we got married here in US?

Just because you got married doesn't mean he will get his green card. The purpose of a K1 visa is to get him here with the intention of getting married AND filing for AOS. He will not get his green card until the AOS is approved. Since he left the US before the AOS was approved, I'm about 99% sure you will have to start from scratch.

Diana

[MargotDarko 0]

There may be some very rare exceptions I have not heard about, but otherwise you will need to file a I-130 and optionally an I-129f (for K3 this time) and he will need a CR1 visa or a K3 visa to return and live with you in the US.