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  • Approved k visa

    I'm a British citizen and my fiancé is a U.S. Citizen ,we did all the process of the k1 visa and it was granted ,I entered the U.S. On that visa with the purpose of getting married ,we got the marriage certificate and were due to wed on the 18th April 2015 ,due to circumstances I left the U.S. And returned back to England .
    We still want to get married yet we didn't fill out an I-130 document .
    We were wondering if there's anything we can do to rectify or fast track our mistake for me to be able to return to the U.S. as the visa is valid until June 2nd 2015 .
    Any advice would be helpful .

  • #2
    The K1 visa is a one-entry visa and enforcement of the one-time entry is pretty strict. Having said that, however, I've had contact with at least one K1 entrant who left a couple weeks after arrival with her two kids, then had misgivings and was allowed to return It required a return visa or travel permit granted by the Embassy on a discretionary basis, and there was a fee involved.

    If a request to the Embassy fails, an I-130 is your only reliable alternative for an immigrant visa.

    --Ray B

    Originally posted by Brit View Post
    I'm a British citizen and my fiancé is a U.S. Citizen ,we did all the process of the k1 visa and it was granted ,I entered the U.S. On that visa with the purpose of getting married ,we got the marriage certificate and were due to wed on the 18th April 2015 ,due to circumstances I left the U.S. And returned back to England .
    We still want to get married yet we didn't fill out an I-130 document .
    We were wondering if there's anything we can do to rectify or fast track our mistake for me to be able to return to the U.S. as the visa is valid until June 2nd 2015 .
    Any advice would be helpful .

    Comment


    • #3
      I am eligible for the esta and before it ran out is what I used to enter the U.S. ,if I renewed it before my k visa runs out could i return to the U.S. using that and continue with the k visa before the 90 days expired ?

      Comment


      • #4
        Brit,

        The decision to allow you to enter would be made at the Port of Entry. A K1 or immigrant petition in process could stop your entry, but I haven't heard of this being a problem for UK entrants, as I know of a couple who continued to use ESTA even after marriage and spousal petitions submitted.

        --Ray B

        Originally posted by Brit View Post
        I am eligible for the esta and before it ran out is what I used to enter the U.S. ,if I renewed it before my k visa runs out could i return to the U.S. using that and continue with the k visa before the 90 days expired ?

        Comment


        • #5
          Thanks Ray
          I'm just a bit worried that if I use the esta that at Poe they will ask how long I'm staying for ,
          And if they do let me in and we continue to get married that authorities would come looking for me and maybe deport me as we didn't get married the first time I entered the US on the k visa .
          I've emailed the U.S. embassy trying to get some advice on what can be done if anything or if we would need to go through the whole application process again .
          As yet no reply .
          It's very frustrating .

          Comment


          • #6
            Your concerns are justified. Once leaving the U.S. after failing to marry with a k1 visa, your eventual Green Card status would have to be based on a new visa or conversion of your visitor status, after marriage, with an immigrant petition and Adjustment of Status at the same time.

            Nobody is going to come looking for you to deport you, unless you commit a felony and get an immigration hold attached to your name.

            --Ray B



            Originally posted by Brit View Post
            Thanks Ray
            I'm just a bit worried that if I use the esta that at Poe they will ask how long I'm staying for ,
            And if they do let me in and we continue to get married that authorities would come looking for me and maybe deport me as we didn't get married the first time I entered the US on the k visa .
            I've emailed the U.S. embassy trying to get some advice on what can be done if anything or if we would need to go through the whole application process again .
            As yet no reply .
            It's very frustrating .

            Comment

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