Gigiola

Hi .. I'm writing for a friend here.

The UKC, male, came on a K1 visa and sent in AOS, EAD and AP. In the meantime the marriage fell on hard times and the couple decided to divorce. When the interview date was sent they didn't attend.

Subsequently a letter arrived telling the UKC to leave the country, but he had already returned to Europe. To the best of my knowledge he was never out of status.

The USC, at some time, stopped the proceedings on the divorce and the couple have since decided that they want to try and make a go of their marriage.

My take is that they have to start over. Could someone confirm this for me?

ian-mstm

I can't say for sure, but starting over would probably be less of a hassle than trying to reopen a case that's already been adjudicated and closed! They will need to disclose that there had been a previous application... but I don't think that should be a major problem.

Ian

Noorah101

Seems to me, also, starting over would be the way to go. This time they'd file for a spouse visa, though. Not the K-1 again.

Rene

Gigiola

Many thanks to both.

But surely trying to open their AOS case again would be impossible anyway, as he is out of the country and has been told he can't even visit on a visa waiver?

Matthew Udall

Depends. He had AP right? When did he depart? Did he have AP at that time? What was the date of the interview? What were the facts surrounding the "separation"? Too many unknowns here to begin giving advice (IMO).

Hypertweeky

Hey girlie Get on messenger some time!!

Gigiola

Thanks Matthew,

I also have too little information. When we first talked I thought they could probably go it alone, but I'm fast changing my mind. They would be better off consulting a lawyer.

Gigiola

I'm always on IM!!! My computer is always up and running!

Just call me in Hyper .. I don't seem to have you on my buddy list.

Un abrazo! J