Visa Expriation in 4 days

[fitzee21 0]

My wife and I got married August 30, 2008 and we applied for the I-485 and received notification in October, 2008. She currently has her EAD and a driver's permit for Texas. This morning, I drove through the border patrol and showed the agent her Visa and he noted that it expires in 4 days and we need to apply for an extension. I let him know we applied for the green card, but the process is currently a 6-month wait so there's no doubt any K-1 Visa issued in the U.S. is going to expire before the green card is received. I'm worried if we go through the border patrol checkpoint again, if they would try to deport her due to the date on the Visa?

Any clarification on this? My guess is we should at least carry copies of her AOS papers just in case. Either that, or she just can't come to the border with me until she gets her Visa.

Edited January 12, 2009 by fitzee21

[jb_vj 5]

You cannot apply for an extenstion of K-1 Visa

My wife and I got married August 30, 2008 and we applied for the I-485 and received notification in October, 2008. She currently has her EAD and a driver's permit for Texas. This morning, I drove through the border patrol and showed the agent her Visa and he noted that it expires in 4 days and we need to apply for an extension. I let him know we applied for the green card, but the process is currently a 6-month wait so there's no doubt any K-1 Visa issued in the U.S. is going to expire before the green card is received. I'm worried if we go through the border patrol checkpoint again, if they would try to deport her due to the date on the Visa?

Any clarification on this? My guess is we should at least carry copies of her AOS papers just in case. Either that, or she just can't come to the border with me until she gets her Visa.

[robhankins 0]

My wife and I got married August 30, 2008 and we applied for the I-485 and received notification in October, 2008. She currently has her EAD and a driver's permit for Texas. This morning, I drove through the border patrol and showed the agent her Visa and he noted that it expires in 4 days and we need to apply for an extension. I let him know we applied for the green card, but the process is currently a 6-month wait so there's no doubt any K-1 Visa issued in the U.S. is going to expire before the green card is received. I'm worried if we go through the border patrol checkpoint again, if they would try to deport her due to the date on the Visa?

Any clarification on this? My guess is we should at least carry copies of her AOS papers just in case. Either that, or she just can't come to the border with me until she gets her Visa.

The AOS papers won't be adequate. You are in essence asking for her to travel internationally without a green card or AP document. She will be out of status until you get GC or AP. It is just the same as if I took my wife to the Philippines without AP before GC arrived. They wouldn't let her back into the US. Your country is just closer.

[ScottnCati 0]

Im surprised they let her back in without her advance Parole document. The K1 Visa is a 1 time entry visa so I would suggest NOT to attempt leaving the USA without the advanced Parole document. They will not let your wife back in and she will be considered as abandinging the K1 (AOS) process. then you must start all over again as K3

Yes, your Visa will expire as it is only good for 90 days with the understasnding that you are to marry within this time. The I-94 document is required for a SS card too. Keep this document, you will need it in the future.

Did you apply for the advanced Parole along with the employment authorization?

[Eric-Pris 1,606]

I know it doesn't seem like it but Mexico is a whole other country. If she crossed the border, the DHS officer should NOT have let her back in. Extension of K-1? And my tax dollars are paying his salary? Use the fact that this clueless person doesn't know how to do his job to your advantage and don't let her leave the United States before she gets her greencard, or at least her Advanced Parole.

[Kez/JWolf 6]

When your wife left the US did the border patrol stamp her passport? if so you are going to have major issued when you go for your AOS interview. If you leave the USA after applying for AOS and you do not have AP or the Greencard you are abandoning your AOS application. You may wish to seek legal advice as to what if anything you can do. Your wife should not have been allowed to re-enter the USA on a K1 visa for a second time, It is a once only entry no mater what the expiry date is.

If she did not get her passport stamped with an exit stamp then you are very lucky that this border patrol officer did not know his job.

[SonoranSongbird 3]

A few questions for you. Are you talking about an actual border crossing or one of those border patrol things they have set up about 30 to 60 miles north of the border? Second, have you applied for an advanced parole document (I-131 is the application and you can file it along with your AOS, but I think you can also file it later). Once she travels with the AP, they will take the 3-month I-94 out of her passport and put a new one in that is valid for a year, plus they will stamp the AP document. That will be proof of her legal status. Obviously if you are talking about the "border" checkpoints north of the actual border, that isn't going to help.

[Old Dominion 26]

Hope you didn't really cross the border without her GC in hand.

[pushbrk 12,883]

My wife and I got married August 30, 2008 and we applied for the I-485 and received notification in October, 2008. She currently has her EAD and a driver's permit for Texas. This morning, I drove through the border patrol and showed the agent her Visa and he noted that it expires in 4 days and we need to apply for an extension. I let him know we applied for the green card, but the process is currently a 6-month wait so there's no doubt any K-1 Visa issued in the U.S. is going to expire before the green card is received. I'm worried if we go through the border patrol checkpoint again, if they would try to deport her due to the date on the Visa?

Any clarification on this? My guess is we should at least carry copies of her AOS papers just in case. Either that, or she just can't come to the border with me until she gets her Visa.

The visa is dead once it is used, so the expiration date has no meaning. The I-94 expires 90 days after entry. I take it you drove through a checkpoint on a highway, not an actual border crossing because if you crossed the border she'd still be on the other side. I'd avoid doing that again, if possible until she has her green card. The EAD and a receipt for filing the I-485 is technically sufficient though.

[fitzee21 0]

Sorry everybody, for clarification, we didn't cross the border, but we went through the border patrol checkpoint about 30 miles up the road. I know better than to cross the actual border, lol

[fitzee21 0]

My wife and I got married August 30, 2008 and we applied for the I-485 and received notification in October, 2008. She currently has her EAD and a driver's permit for Texas. This morning, I drove through the border patrol and showed the agent her Visa and he noted that it expires in 4 days and we need to apply for an extension. I let him know we applied for the green card, but the process is currently a 6-month wait so there's no doubt any K-1 Visa issued in the U.S. is going to expire before the green card is received. I'm worried if we go through the border patrol checkpoint again, if they would try to deport her due to the date on the Visa?

Any clarification on this? My guess is we should at least carry copies of her AOS papers just in case. Either that, or she just can't come to the border with me until she gets her Visa.

The visa is dead once it is used, so the expiration date has no meaning. The I-94 expires 90 days after entry. I take it you drove through a checkpoint on a highway, not an actual border crossing because if you crossed the border she'd still be on the other side. I'd avoid doing that again, if possible until she has her green card. The EAD and a receipt for filing the I-485 is technically sufficient though.

Yes, we drove through one of the interstate checkpoints, not the actual border. I know better than to do that. It's just that my work often requires me to go to the border towns and in order to head back to San Antonio, you have to pass through one of those checkpoints. They always ask, "U.S. Citizens?" So I say, "Yes for me, no for her, but here's her Visa." The Visa expires in 4 days, but we've met all the requirements and are just waiting for the appointment letter to get her green card. So if I'm going to go through the Border Patrol checkpoint (on the highway) again, what is it that I can present to them to prove we have met our requirements and that she has all legal rights to be in the U.S.? I'd hate to run into any possible problems.

Sorry I didn't clarify the difference between the "border" and "border patrol checkpoints", but I guess the lingo is only familiar to Texans, lol

[fitzee21 0]

Please disregard. I've already received clarification for this. In case anybody wants to know the requirements as proof of a pending case:

- EAD (if you have one)

- Marriage Certificate

- I-485 NOA

[pushbrk 12,883]

Please disregard. I've already received clarification for this. In case anybody wants to know the requirements as proof of a pending case:

- EAD (if you have one)

- Marriage Certificate

- I-485 NOA

That's correct, probably EAD alone or I-485 NOA copy alone or passport plus marriage certificate. Those check-points are pretty common in South Texas. I stopped for one just East of El Paso a few years ago.

[TBoneTX 45,291]

And watch out for that CBP outpost near Alpine, TX!

They don't call it the "De-Constitutionalized Zone" for nothing.

[Jasman0717 9]

I am confused! Are you saying the boarder people let her go out of the US with a K-1 visa in her passport and then let her return