Dear BRL,
I filed the paperwork for a fiance visa, which was approved. My future bride came to the US and we got married.  Here's the problem, some difficulty arose within her family for which she needed to return to Colombia.  That happened before we filed any paperwork for her residency.  Is she able to come back to the US?  Her Fiance Visa was only good for 90 days but we did get married within the 90 days.


Based on what you wrote, I gather that you originally applied for a K1 visa, she arrived and you were married in the U.S., then she left the U.S. before you applied for the Adjustment of Status (I-485).  

Unfortunately she will not be able to return through Immigration on her original K-1 visa - that expired after 90 days and is worth less than the paper it is attached to now.

Once you were married you needed to file that I-485 ASAP and she was not supposed to leave the country until then.  At the very least, with or without filing the I-485, you should have filed an I-131 Advance Parole before she left which might have allowed her to leave and return depending on the approved circumstances.  Because you did not do either of these before she left, unfortunately the visa process will now be considered "abandoned" by the USCIS and your reunion will now be delayed with a need to respond/refile in some format.  

Your best bet now is to have her set up an appointment at the U.S. Embassy in Bogota to present the situation.  They may require you to reapply under a different visa, may give you a post-fact Advance Parole or may (in typical U.S. Government fashion) completely complicate it and come up with some other resolution.  You personally could also set up an appointment on the phone with the USCIS, however they are hit and miss.

I wish you the best in this process...  


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Having lived in Colombia for almost 10 years, I currently live in the U.S. but maintain dual-residency. I am happily married to a Colombian and we have a preteen daughter who we are raising to be bilingual and bicultural. I can answer most questions about Colombia, including those about culture, travel, visas, passports, leisure and safety/security. If I don't know the answer, I'll do my best to point you in the right direction!


I have professional experience in foreign safety and security. I have personal experience living in Colombia, maintaining residence in Colombia and dealing with visa issues. I stay out of the "tourist crowd", so have developed real knowledge of Colombia and its' people.

Multiple U.S and European security organizations.

College-educated, multiple professional certifications in my field.

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