Married Russian woman here but she had to go back

by Bruce
(Michigan)

My friend brought a woman from Russia over to the U.S.A. married here and then he said she had to go back before the 90 day visa expired. She went back before the 90 days were up. Now he found out that was not true and I am wondering how he can get her back to the U.S.A. now? She wants to come here as I said they got married here in Michigan. What are his options?


Bob's Answer:

Wow, that's DEFINITELY "above my pay grade" :)

One of the things I DO know is that once a foreigner arrives on a Fiancee visa, they are not supposed to leave the country until after they receive permanent residence.

The K1 (Fiancee) visa is a "single entry" visa. She probably can't come back using it. I do know that immediately after marrying they were supposed to file for an "Adjustment of Status", which is the application for permanent residence. As soon as that is filed I think she receives some sort of documentation showing that she is a "pending" resident, and that allows her to stay, but I'm not sure if it allows her to re-enter after leaving.

Your friend would definitely be well advised to consult with an immigration attorney on this matter. I really suspect that there must be some exception if her reason for leaving was very important.

Sorry I could not be of more help.

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