K1 Visa reissued - Will there be problem at the Airport US Immigration Customs?

[Merrytooth 5,748]

I am foreign fiancee of US Citizen. I entered US on 24th Dec 2009 on K1 Visa. Due to work emergency, I have to leave US before getting married, on 18th Jan 2010. It was really unfortunate because we didn't know if I can still enter back US on K1 visa again. OR we need to restart the K1 I-129F petition again.

After searching forums online, managed to get the information about reissuance of K-1 Visa.

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a 6-month period, has already been

used for admission into the United States and the alien fiancé(e) has

returned abroad prior to the marriage, the consular officer 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 and

provided also that the petitioner and beneficiary still intend and are free to

marry. The aliens 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.

I applied for the reissuance of K-1 Visa at my country Singapore US Embassy. Before that I have to resubmit all the forms and documents based on the K1 visa checklist again => I-134 Affidavit of Support, New Police Record and New Medical Report. Freaking nervous attending the interview US embassy, expecting the worst.

However, after intense questioning, US Embassy agreed to re-issue me K1 Visa. Will be collecting my passport next week.

Based on the rule of Reissuance of K-1 Visa: My Fiance and I have to get married within 90 days from my original admission into US (24th Dec 2009), meaning get married before 23th March 2010.

I want to know if there will be any problem at the Airport US Immigration Customs when I fly over to Minnesota?

Since the US Embassy reissued me the K1-visa, there should not be any problem.

But I am very worried. Please advise.

[TracyTN 237]

If they reissued the visa, you should be ok - but keep in mind that allowing entry is solely up to the CBP officer at your point of entry. In other words, no one here can tell you for sure what they will/will not do.

[pushbrk 12,134]

I am foreign fiancee of US Citizen. I entered US on 24th Dec 2009 on K1 Visa. Due to work emergency, I have to leave US before getting married, on 18th Jan 2010. It was really unfortunate because we didn't know if I can still enter back US on K1 visa again. OR we need to restart the K1 I-129F petition again.

After searching forums online, managed to get the information about reissuance of K-1 Visa.

9 FAM 41.81 N6.3 Reissuance of K-1 Visa

(TL:VISA-2; 08-30-1987)

If a K-1 visa, valid for a single entry and a 6-month period, has already been

used for admission into the United States and the alien fiancé(e) has

returned abroad prior to the marriage, the consular officer 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 and

provided also 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.

I applied for the reissuance of K-1 Visa at my country Singapore US Embassy. Before that I have to resubmit all the forms and documents based on the K1 visa checklist again => I-134 Affidavit of Support, New Police Record and New Medical Report. Freaking nervous attending the interview US embassy, expecting the worst.

However, after intense questioning, US Embassy agreed to re-issue me K1 Visa. Will be collecting my passport next week.

Based on the rule of Reissuance of K-1 Visa: My Fiance and I have to get married within 90 days from my original admission into US (24th Dec 2009), meaning get married before 23th March 2010.

I want to know if there will be any problem at the Airport US Immigration Customs when I fly over to Minnesota?

Since the US Embassy reissued me the K1-visa, there should not be any problem.

But I am very worried. Please advise.

With everything in order, there should be no problem. However, each entry is a separate decision at the time.

[Merrytooth 5,748]

Will the CBP officer ok to admit me when there is about 10 days left on the K1 visa, starting from original first admission date 24th Dec 2009 to keep within the 90 days? I finally managed to book a flight to fly over and reach US on 11th March 2010.

Issue me a I-94 with 10 days?

[payxibka 10,044]

Will the CBP officer ok to admit me when there is about 10 days left on the K1 visa, starting from original first admission date 24th Dec 2009 to keep within the 90 days? I finally managed to book a flight to fly over and reach US on 11th March 2010.

Issue me a I-94 with 10 days?

if he/she decided to let you in, they will let you in.... they will probably remind you that you have only 10 days to marry

[Darnell 8,478]

Merrtooth - this is a hard one to call, hard to guess.

If the K-1 is revalidated in Singapore (Yay Curry Laksa ! ) then the dates SHOULD shift.

I say SHOULD ...

The regs you quoted say otherwise, though.

Have yer USC person getting ready for the civil ceremony at a courthouse - that'll be the fastest for you two - then have a wedding ceremony later in a church (if you still want)

good luck !! (Hurry Hurry ! )

Edited February 25, 2010 by Darnell

[Darnell 8,478]

Will the CBP officer ok to admit me when there is about 10 days left on the K1 visa, starting from original first admission date 24th Dec 2009 to keep within the 90 days? I finally managed to book a flight to fly over and reach US on 11th March 2010.

Issue me a I-94 with 10 days?

Ya - I think the CBP officer will let you in.

Yer gonna be a 'strange one', though - so be prepared to go into secondary inspection (just in case).

Hang in there !!

[Merrytooth 5,748]

Merrtooth - this is a hard one to call, hard to guess.

If the K-1 is revalidated in Singapore (Yay Curry Laksa ! ) then the dates SHOULD shift.

I say SHOULD ...

The regs you quoted say otherwise, though.

Have yer USC person getting ready for the civil ceremony at a courthouse - that'll be the fastest for you two - then have a wedding ceremony later in a church (if you still want)

good luck !! (Hurry Hurry ! )

Hello Darnell,

I don't understand what you mean by "The dates should shift" ? Still stick within the 90 days limitation from my first entry to US on 24th Dec 2009?

We will have simple marriage solemnization asap and ceremony/reception at much later date.

[TracyTN 237]

I don't understand what you mean by "The dates should shift" ? Still stick within the 90 days limitation from my first entry to US on 24th Dec 2009?

[payxibka 10,044]

Merrtooth - this is a hard one to call, hard to guess.

If the K-1 is revalidated in Singapore (Yay Curry Laksa ! ) then the dates SHOULD shift.

I say SHOULD ...

The regs you quoted say otherwise, though.

Have yer USC person getting ready for the civil ceremony at a courthouse - that'll be the fastest for you two - then have a wedding ceremony later in a church (if you still want)

good luck !! (Hurry Hurry ! )

No need to guess... the dates WILL NOT shift... the original 90 days period as indicated on the original I-94 will govern, and be the date to be married by

[Darnell 8,478]

MerryTooth - sorry - left out a word yesterday.

The dates will NOT shift. You've the original date on the original visa, and thats it.