If my girlfriend has her K-1 VISA can she go home then come back in the 90 days?

[chade1968]

Thanks in advance!

[jb]

No

[Gator]

If she has not yet entered for her one allowable time, best to defer her trip.

[Jet]

The short answer is as JB stated - NO


The long answer is that technically it's a VERY BIG crapshoot if she tries.

IF she were to try this due to a family emergency (nothing short of the death of an immediate relative is an emergency in eyes of the gov't)
AND she could schedule a consular interview that coincides with her time "in-country"
AND pay another $100 visa fee
AND convince the Embassy to re-issue the visa (it can happen - we had Kolya's re-issued though under totally different circumstances)
AND re-enter the country less than 90 days after her initial entry
AND get past ICE passport control interviewer upon her return/re-entry
then it might just work out 

In the past 5 years of watching immigration policy I have never seen a substantiated case of someone having pulled this off. I have heard anecdotal rumors of one or two cases but nothing concrete to suggest they were any more than urban legends.

If you are really contemplating something as risky as this, my advice would be to e-mail the consulate abroad with very specific details of your fiancee's situation and see what kind of response they give you. If it's favorable, print it out and take it down to the USICE office at the airport where she intends to re-enter the country and see what kind of response you get from them. (The law is clear that they are the *last word* insofar as who gets into the country and who is denied)

If I were in your shoes, I'd tell her it's impossible...K-1 is a single entry visa, wait for the advance parole doc after the wedding, etc, etc, etc... 

Good luck with whatever you decide

[jb]

Gator,  your kindness and diplomacy is only exceeded by your good looks.

The OP here has not bothered to avail himself of even the most basic of research.  Any ninny can read that the K-1 is a single entry visa, good for 90 days, within the 6 months of issue.  A woman leaving during that time cannot return to the USA, even if she is married.  Her visa is over, done, finished, canceled,,, not even if her mother is dieing of cancer. To do so would probably invoke the two year bar against her passport for re-entry.  A really bad idea.

If my girlfriend has her K-1 VISA can she go home then come back in the 90 days

This may be one of the most off-the-wall questions I've ever seen. 

[chade1968]

Thanks for the excellent information. She wants to wait for her daughter to finish 5th grade but said she could come for 2 weeks if I wanted. Obviously I want her to but now I realize it will not be possible. Thanks for your responses....I guess i will have to make another trip in February.

[Gator]

Chade,

As JB points out,the K-1 is valid for six months from issuance.  So if the visa has already been issued and you wait until school is completed, your visa may have expired.

You use the term "girlfriend".  Do the two of you intend to marry?  If so, she is your fiancee.  Yet, your lack of research suggests that she is just a girlfriend.  So does your comment indicating that you are considering this just to prevent having to take another trip to Russia.  The journey is a lot of work and sacrifice.  I know that and I have never married one of these beauties.

If I am reading you wrong, and you sincerely want to marry, you may consider having your fiancee come to America without her daughter.  Some RW have done this.  There needs to be a babushka to take care of the daughter while mama is gone.  This raises the issue of how to get the daughter here after school is completed.

[jb]

Gator,

The K-2 can wait in Russia up to one year to travel,,, IIRC.  So there shouldn't be a problem.  The K-1 has to travel within 6 months.

[Jet]

Gator,

The K-2 can wait in Russia up to one year to travel,,, IIRC.  So there shouldn't be a problem.  The K-1 has to travel within 6 months.

This is correct, if the 6 months elapses before she travels the visa is null and void. Apparently I misunderstood the question as it sounded to me like she was here already and wanted to return for a visit, then come back.  :noidea:

[chade1968]

Gator - I certainly intend to marry but I do not know how to spell fiance...fanccee you know what i mean! I have been to see her 4 times this year and really would rather her come her rather me making another trip. Anyway she is coming in April - they are giving her daughter credit for finishing 5th grade if she goes until about the first of April. I just really did not want to wait another 4 months to see her... I guess I will make another trip in February... how many times did you go this year Gator? Her "babushka" is great and she could stay with her... maybe I will consider her coming alone...it might work... I just worry about getting her daughter here after we marry.... many many things to think about. Thanks for your time.

[Turboguy]

She is your Fiancée and you are her Fiancé

[Daveman]

I have zero experience with the Visa or Immigration process, but I do have the opinion that the process as it exists should not be screwed with in any way.  The process might throw a curve or two, but never throw one of your own.

This is true with anything government related.  After quite a number of years dealing with the government on different levels, I have developed this rule of thumb.. If it will add a document, don't bother unless a) it's absolutely necessary b) the amount of profit gained will FAR outweigh the bureaucratic time consumption.

One document adds two bureaucrats, which will each add another document and at least one meeting, which will require further documentation to be provided, which will add another bureaucrat, another document, another meeting, which will add two more bureaucrats... and the cycle continues until finally it reaches a bureaucrat which tells you "you didn't need any of that.. I'll fix it".. which may end the problem, or lead to a bigger mess, more documents and more bureaucrats..

In the situation you detailed, you have no necessity to attempt to circumvent the single entry visa, and absolutely ZERO to profit... don't screw with it.. it isn't worth the nightmare it would assuredly create.