ap question

[robhai]

is it possible for my fiancee to get ap. ? there is family emergency and she needs to go now. will this screw up the whole k-1 process?? cuz she needs to go now is the 90 day window still in effect? At wits end !!! Thanx for any answers .....90 days up aug 22

[jim_julian]

First ... get married

 

Second ... study AP on the USCIS site, write the best rationale in the world, make an InfoPass apointment to present your case and pray.

 

I think there is some chance.

 

What you don't want is for her to leave the US without AP.

[robhai]

First ... get married

 

Second ... study AP on the USCIS site, write the best rationale in the world, make an InfoPass apointment to present your case and pray.

 

I think there is some chance.

 

What you don't want is for her to leave the US without AP.

kinda what i thought, and marriage is difinitely not going to happen before an AP, even if possible. So it sounds like SOL !

[dnoblett]

I am not sure if GUZ or other consulates in China do it but the K-1 can be reissued with an expire date set to the expire date on the I-94 card, that is the original 90 day clock keeps ticking when out of country.

 

The consulate can re-issue your K-1 visa with validity ending at the end of the current 90 day period on your I-94.

 

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 fianc¨¦(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.

http://foia.state.gov/searchRegs/vv_docVie...QueryText=k%2D1

[SirLancelot]

I am not sure if GUZ or other consulates in China do it but the K-1 can be reissued with an expire date set to the expire date on the I-94 card, that is the original 90 day clock keeps ticking when out of country.

 

The consulate can re-issue your K-1 visa with validity ending at the end of the current 90 day period on your I-94.

 

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 fianc¨¦(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.

http://foia.state.gov/searchRegs/vv_docVie...QueryText=k%2D1

 

 

Wow, very interesting. Nice find Dan!

It would be interesting to find out if GUZ has ever issued a "reissuance K-1" visa.

[david_dawei]

I'm sure it's been in 9FAM a long time.. we've discussed it here before. but 9FAM is not law.

 

If you leave without AP, your taking a big risk. I've read of some who apply and leave; USC sends the AP to china.. worth the risk? not my call.

 

Get the AP the right way is the safest bet... else, try the above which has a window to work within...