medical emergency on K1

[DSDK 1]

My fiance received his visa in early November, arrived in the states the week of thanksgiving, and this past tuesday recieved a call his mom had a heart attack and was in critical condition. Our wedding was scheduled for Dec. 28th, but he had to leave and go back to Ukraine on the 25th. We tried to find a way to obtain an advanced parole, but in meeting with and discussing with USCIS local office station chief, since we had not gotten married there was nothing we could do. Being a holiday, and government offices being closed, court houses being closed, etc. we could do nothing. Does anyone know if talking to the consulate, or senator anyone could help us in this situation??? feeling really lost and really worried about going through the entire K1 process again, and being denied since he relinquished (in essence) his visa to go to be with his mom.

[JohnR! 5,495]

You will need to go through the K-1 process all over again. However, there is no reason for him to be denied becuase he did not use the K-1 the first time around. If nothing else, that you should be applying and going thorugh the process all over again, will only show you are committed to each other. He will not be denied as a result of not getting married this time around.

Good luck!

[DSDK 1]

I just don't understand how they will not look at it and say, well he left one time what means he won't leave again. I admit i'm feeling quite defeated right now, but I know our government, and I know that they typically have little to no compassion, they look at the facts and make a decision.

[lost_at_sea 995]

I agree with Gegel. Although it's disheartening to have to start over, I doubt he'll be denied this time around just because he had to leave the USA before marrying. Emergencies happen.

[DSDK 1]

then why do they not have a process for emergencies for this time. they do once an AOS is filed but not before... that makes no sense to start the entire process over and cause them to do more paperwork.

[Merrytooth 5,748]

You should be contacting the US Embassy in Ukraine immediately. Ask about the option of Reissuance of K-1 Visa if your fiance could return before 90 days from the date of the original admission into

the United States in K status.

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.

[DSDK 1]

Merrytooth, where did you find this???

[Merrytooth 5,748]

I was reissued the K1 visa before.

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. Then schedule new interview date with US Embassy and pay the K1 visa fee again.

I would suggest you email the US Embassy immediately.

[lost_at_sea 995]

Good call, Merrytooth. Certainly worth a try.

[JohnR! 5,495]

I just don't understand how they will not look at it and say, well he left one time what means he won't leave again. I admit i'm feeling quite defeated right now, but I know our government, and I know that they typically have little to no compassion, they look at the facts and make a decision.

I am sure they will be curious as to why he decided to leave after one month and not get married, however, there is absolutely no prejudice in doing it, so much so that one has 90 days to get married upon arriving in the US. All he has to do is explain to them that he had to return home for a family emergency. I understand how you would be worried and all but objectively, there is no reason for him to be denied since you are the same person to whom he was going to marry. Nothing really has changed other than life throwing a curve ball his way.

[DSDK 1]

but the process didn't take as long the second time? Thanks for the info. I just love all you VJ members and all your help, support, and encouragement!

[JohnR! 5,495]

You should be contacting the US Embassy in Ukraine immediately. Ask about the option of Reissuance of K-1 Visa if your fiance could return before 90 days from the date of the original admission into

the United States in K status.

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.

This is indeed good news!

[belinda63 2,981]

I didn't read merrytooth's post but I know it can be done. He needs to contact the embassy and since you are not married they could at their discretion, issue a new K-1 visa with the same expiration date as the old one. He would have to marry you within the 90 days of entry from the original K-1 entry, not his re-entry.

Again, it is totally at the discretion of the embassy and I would recommend he have a lot of proof of the medical emergency when he goes to plead his case.

[Merrytooth 5,748]

I didn't read merrytooth's post but I know it can be done. He needs to contact the embassy and since you are not married they could at their discretion, issue a new K-1 visa with the same expiration date as the old one. He would have to marry you within the 90 days of entry from the original K-1 entry, not his re-entry.

Again, it is totally at the discretion of the embassy and I would recommend he have a lot of proof of the medical emergency when he goes to plead his case.

Actually the new reissued K-1 visa expiration date is the date when the 90 days of entry from the original K-1 entry ends.

**This was for my case.

And if they did not manage to get marry within the 90 days of entry from the original K-1 entry, after entering US with reissued K1 visa, they still could file I-130 and I-485 together within US.

Edited December 27, 2013 by Merrytooth

[baron555 934]

but the process didn't take as long the second time? Thanks for the info. I just love all you VJ members and all your help, support, and encouragement!

Yes, Email the Embassy. You should be talking with them, not us.