Revalidation Of K1 Visa?

[btvbill]

Has anyone here had any experience with the process of re-validating a K1 visa? My girlfriend was approved for her K1, came to the USA but only stayed 9 days before returning to Thailand. She came here while the ex-wife and I were having a conflict over some property issues in our divorce agreement. I have a co-habitation clause in my divorce agreement so I would have stayed in my own house while my girlfriend stayed at a hotel until everything was resolved.

My girlfriend and I went to US immigration for advice and we were told that unless we lived together constantly during the entire duration of the K1, until we were married, she could be picked up by the Border Patrol and be deported for violating the rules of the K1. He said the best thing she could do would be to go back to Thailand and then we could apply for the K1 again, without prejudice and that the second time it would probably be expedited because we "followed the correct procedures".

Well, I called a lawyer today and she said immigration's advice was bad. She also said we could contact the US state department (local senator's office) and explain that we were given bad advice by immigration and to request a re-validation of our original K1. I am waiting for a call back from my senator's office but have been looking on the web for info. It says that a re-validation request can be approved by the "consular officer". who would the "consular officer" be? Someone at the US Embassy in Bangkok or someone in the USA?

Any help would be appreciated.

[Hawaiian]

Sounds like you are between a rock and a hard place. If you got married immediately that would solve the 90 day rule. Cohabitation might be a problem, but not always easy for USCIS to disprove. Once you have been married then it would probably be awhile before any legal process would be initiated by USCIS to invalidate the visa. I also suggest contacting your congressional representative as my two experiences with my state senator brought immediate positive results.

There is some information on re-validation at www.visajourney.com. Good luck.

[Hawaiian]

Time is of the essence. All of my research, including USCIS webpages, states that once the 90 day period from original entry of your fiancee to the U.S. expires, you will have to reapply for another K1 visa. It is suggested that getting married knowing that you cannot meet the 90 day requirement will complicate matters and you will have to apply for a K3 Visa. Hopefully your senator can cut through the red tape.

My understanding that the consular office in Thailand would be the one to process the revalidation. If approved the expiration date (same as original date) would be stamped in the

REMARK section of the visa. Again, good luck.