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Looks like the only way out is for her to go to GZ and have them revalidate the visa. It is their option whether they do or not. If they do not, you are stuck starting from scratch with an I-130.

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It appears they have not yet married Don, so wouldn't that mean a new 129-f Don? I second the opinion of gettin a hold of King ASAP. I'm sure this is not the first to have this sort of thing happen.

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It may not need a lawyer.  I would think that hospital records and a letter of explanation would suffice.  This sounds like a great question for USCONGUZ. 

 

I just posted the question in GZ speaks

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How do I see the reply of "GZ Speaks"?

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Ski,

 

The K1 Visa is a one time entry visa. You do have options, but none are guaranteed.

First, I would contact the GUZ and see if you can't get the visa "restamped" so to speak. I was unable to do this in a similar situation, but we were already married--thus K1 was no longer an option. You may have better luck than I in this regard. I did have luck, but through a different path.

Technically, once she enters the USA, the K1 is no longer valid for re-entry, but you may apply for and receive an "Advance parole" once you marry and apply for change of status. This allows her to leave while your I-485 is being processed. This takes a few months, though and your situation does not seem to warrant all this delay.

You can also try to for an "additional action on"..an approved homeland security document. I am not sure of the specific doc numbers, but this is an option. This option would allow for a new K1 from CIS. Once again, you must contact someone at CIS office--use the 800 number and wait, you will get someone to speak to and if you are not satisfied, you can get a supervisor or specialist. I stress that immediate action is your best bet. Once you are out of the country, she will not be able to return.

 

You can contact King--aka Peter Paget with Global Visa Services at the following location and retain him to assist you. This would be the safest course of action.

 

Global Visa Consulting Center, 1st floor, 2nd annex Tian Yu Garden

136-142 Linhe Zhong Road

Guangzhou, Guangdong China 510610

Tel: 8620 388 53088

 

Or, try using the following email:

 

info@gzglobal.net

 

Make sure you put in the title:

 

"forward to Jade"

 

She will be very helpful in connecting you to King. He is an American Lawyer who has been in GZ for quite some time. He is very understanding and helpful. It is affordable and highly helpful to retain his services.

 

Good luck!

 

Rob

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This is what USCONGUZ replied on the issue.

 

USCONGUZ  Apr 5 2006, 09:36 PM IP: 169.252.4.21 | Post #2| 

 

If the beneficiary will return to the U.S. within 90 days after he/she first entered on the K1, and the petitioner is still intending to marry the beneficiary, the beneficiary can contact the IV Unit to request that we re-issue the K-1 visa. Decisions to re-issue visas are made on a case by case basis. The beneficiary will need to resubmit the following documents:

 

1. Application forms (the packet 3 and 4 documents that we can provide)

2. Notary certificates for birth, unmarried status, and no criminal record

3. Medical report

4. Evidence of relationship and financial support.

 

The beneficiary will also need to pay the appropriate visa fees. If the beneficiary will not return to the U.S. within 90 days of his/her initial entry, then the petitioner must refile the petition with USCIS.

 

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