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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12197
Experience:  Write FOR JAMES to get my help!
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I applied for and received a K-1 visa for my fiancee and K-2

Customer Question

Hello,
I applied for and received a K-1 visa for my fiancee and K-2 for her son. We were married during the 90 day period we had. After getting married she had a family emergency and left immediately to be with her family. We were in the process of changing her status when she went back to Russia. Now we do not know what is the next step we need to take to apply for her to return so we can initiate her change of status or because she left abruptly do we need to apply for special reentry Visa prior to starting her change of status?
Thank you in advance for your help.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Expert James replied 11 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

Please give me some time to review your question. It might take a little while, but I WILL be back to continue this conversation and give you an answer. Asking me if I am still here or checking in only serves to delay the response. So your patience is very much appreciated.

Customer: replied 11 months ago.
Ok, Thank you.
Expert:  Expert James replied 11 months ago.

When she left, did she do so with a valid Advance Parole travel document?

Customer: replied 11 months ago.
Unfortunately not. It was an emergency and we did not have time to apply for it, let alone wait for a response.
Expert:  Expert James replied 11 months ago.

OK, thank you. Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

The only options I see available in this case are Humanitarian Parole and the immigrant visa process at the US consulate abroad. My experience says that the immigrant visa would be the best option, but it will take a while. But if she tries Humanitarian Parole and it fails, she will still end up waiting for the immigrant visa.

Here is information on Humanitarian Parole: http://professional.justanswer.com/chat/index/af693fdfa02845d695a311beb0b10f4e

Here is information on the immigrant visa process: https://travel.state.gov/content/visas/en/immigrate/immigrant-process.html

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Here is information on the immigrant visa process: https://travel.state.gov/content/visas/en/immigrate/immigrant-process.html