re-issue of k1 visa

[david_dawei]

I'm reading the 9 FAM in my spare time , and ran across this:

 

Sounds like this might cover an emergency return to China "prior" to the marriage... not sure it is worth testing, but it states it's possible...

 

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 six-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.

[Dan R]

That would require a short trip or return pretty soon after arrival since it only allows the original 90 day period before being married.

[david_dawei]

yes.. I was thinking of this when my SOs mom feel into illness... I started looking at the Advanced Parole issues in case she had to go back quickly for any reason.

 

I'm not sure if this means it would be easier to do this rather than say get married and then try to get AP... and wait on that process.. if you knew you could be back in time for the 90 days. But no telling if the consulate would truly grant the visa [again] .