We married within 90 days, she leave without AP

[Guest bymyside]

Need your advise please!!! My fiancee and I got married within 90 days of her arrival to the US on a K1 visa. We did not file any other paper work since getting the marriage liense. To make the story short she has already returned to China 2 weeks ago and we did not applied for the advance parole (AP).

 

Question 1.

What can I do now so that she will be allowed re-enter the United States.

 

Question 2.

Does this mean she will never get to return to the United States and we have to start the K1 over again?

 

 

Please kindly respond,

[Guest ShaQuaNew]

Wow....

 

Good luck with that. Let us know how it goes....

[skibum]

May I ask why this happened?

[Guest bymyside]

May I ask why this happened?

163759[/snapback]

You know as for all of us who married someone from another culture there is bound to be some adjustment issue. She said she was not happy and I was not there to comfort her. We were living with my parents to save money and things just started to fall apart, she does tries to get along with them. She would come to me from time to time about the issues but I did not really listened to her and I thought it will just take time. I thought I was really there to comfort her but apparently I did not do enough. Knowing that she does not have any friends or family relatives I should done a better job to listen to her and comfort her. She does not speak English and is learning at a very slow pace. I know I am the closest person in her life,the one she most rely on for happiness and everything else. It has been difficult and I thought our relationship will be better as time goes on. We been together for almost 6 months here in the US. At the moment she is extremely hurt and it is hard to describe. I spoke to her family and tried very hard to let them know to tell I am sorry, I was wrong and want to ask her for forgiveness. I have not been able to contact her once since she left to China and its been almost two weeks. I am at a point where I do not know what to do. If later, I do not know when, if we get back together what should I do at the moment with the INS.

1. Can I at the moment do anything with advance parole or start any process with INS.

2. Should I call INS or homeland security to report anything?

 

I am grateful to everone here.

[david_dawei]

Very sorry to hear of your situation.. I know it is a tough adjustment.

 

Even if you had started the Adjust of status and she left the country, they would consider this 'adjustment' process as abandoned. At this point, she cannot re-enter the US without having already gotten Advanced Parole...

 

I think that Don has stated it correctly... your probably looking at another visa process, but a lawyer is the best place to start.. talk to a few. Consider that if you want to be together, maybe you'll go to china for a year...

[frank1538]

I echo what the others have said. You're probably looking at having to apply for a CR-1 immigrant visa.

 

I am aware of only once instance where it may be possible for a K-1 visa holder to leave the US without advance parole and then re-enter on a re-issued K-1. Unfortunately, it requires that the visa holder not be married.

 

http://travel.state.gov/visa/laws/telegram...grams_1437.html

[Guest ShaQuaNew]

Wow, you know what....why does the US have this no exit policy anyway? It's like go ahead, come here, but you can't leave till we say you can policy? Hell, this sort of thing can happen to anybody. They should not be penalized for having doubts....

 

edit...

 

I know this is K1, but man, why is the government so stiff on the no exit thing? What the heck do they think is going on?

 

Well, maybe it's the foreign partner comes to the US and marries, and then needs to go home and tell their spy friends the secrets they learned?

 

Or, maybe, they are pissed cuz I didn't give them time to indocrinate me?

 

They could have control issues?

 

Heck, who knows. I will tell you this, it's flat wrong that a partner has to get something special to leave this country..... during this alleged adjustment of status. What the hell are the adjusting? Their crotch?

Edited October 27, 2005 by ShaQuaNew (see edit history)

[Joanne]

Scary I could have done that myself, just out of pure ignorance.

[Yuanyang]

Scary   I could have done that myself, just out of pure ignorance.

163936[/snapback]

It is scary!! And the Poster's message is tragic on several levels. We are here to learn from one another; sometimes the learning comes at a very high expense of our fellow CFL members.

 

If you can, Go over there and talk with her. Beg, plead, to see if you can get an exception. Best of Luck to both of you.

[tonymasiello]

So sorry to hear of your situation... Hang in there! If your wife wants to come back here, you can get through this...

[skibum]

Thanks for the reply. The more details you give the better we can help. To me it sounds like a broken relationship but you did not say if she wants to come back.

 

As my son told me one time when I was broken up over a Asian girl -"There are probably 500,000 other single women over there." That was the best thing that ever happened to me as I kept looking and found the perfect woman.

[tonado]

Sorry for your situation. Before trying to find way to get her back, you should try to contact her to see if she really want to come back. Maybe you should go China to resolve the issue first. If she doesn't want to come back, then try to get a divorce and don't waste time trying to find ways for her to come back.

[lele]

I would have to say that you have 2 issues at hand:

 

first...do you want to stay married? if yes, then get your but on an airplane as fast as you can and talk to them, IN PERSON. The longer you wait, the harder it will be.

 

second...if you want to live together, in the US, then get your but on an airplane (after finding a job in China), or just go, and try to live there with her for a while...

 

Good Luck!

[Guest bymyside]

I know the longer I wait the more chance I will lose her. I have finally spoken to her the other day. I listened to her and have admitted to her that I have been wrong and that I did not appreciate her enough. When she need just a little comforting, I was not there for her. Everything here in the United States to her is so culturally different and the life style here is to work and work. Our communication broke down and that is the most important thing and I forgot about it. It is harder to make money and I must also admit that she had given me many chances but I did not take heed. So much chances that it is understandable, under the circumstances, that she had to find her way back to her family and familiar surrounding to save her sanity. I hurt her so much that her heart has hardened. I promised her that this time I will change for the better but somehow she is not convinced.

 

At the moment, all I know is to give her more time to think things over and to hopefully let her see that from the bottom of my heart that I did not mean to hurt her.

[Joanne]

I am sorry to hear your sad story. I think what she needs is HOPE.

 

I think the best thing to offer her will be a home of her own. Adjusting to the new surrounding and culture is one thing. Looking foolish, incapable, dumb in front of mother-in-law can be the most shameful thing in a Chinese woman's mind.

 

Rent should not be a big issue if you don't mind having a smaller unit. I believe that your wife would be more than happy to contribute financially to your core family. She would try hard to find a job.

 

You can do it!

 

Hope to hear good news from you soon!