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    Recently I got married to my fiancee who had a K1 visa. She ahd come over with her kids, and we married. 3 weeks later she had an emergency situation with her daughter, and had to return to her home country. We had yet to file any of the papers to allow for re-entry. Do we have any options? Is it possible to file for a new spousal visa? or did she forfeit any and all chances to return?

    Thank you for anyone who can provide some insight on what options are available to us!

  • #2
    Recently I got married to my fiancee who had a K1 visa. She ahd come over with her kids, and we married. 3 weeks later she had an emergency situation with her daughter, and had to return to her home country. We had yet to file any of the papers to allow for re-entry. Do we have any options? Is it possible to file for a new spousal visa? or did she forfeit any and all chances to return?

    Thank you for anyone who can provide some insight on what options are available to us!

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    • #3
      K1 fiance visa is valid for a single entry. By leaving the country she has to file for another visa. Now that you're married before she's admitted back to the U.S. you'd have to file an alien relative petition form I-130. Make sure when filing you specify that she'd be applying for a visa at a foreign embassy/consulate and not adjusting status in the U.S.

      These days I-130s are approved even faster then K3 spousal visas so don't bother filing for one and let the I-130 go to the embassy/consulate. After obtaining an immigrant visa she won't have to file for adjustment of status. She'd be a conditional permanent resident. 90 days prior to her 2 year residency you'd file form I-751 to remove residency condition.

      The process of obtaining an immigrant visa is about a year.

      Cheers.

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      • #4
        Thank you.

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