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Filed: K-3 Visa Country: India
Timeline
Posted

My wife has come last october. When she came her k-3 visa was on her passport with expiry date of 16apr2009. But in the while at POE the officer wrote on her passport entry till oct 22, 2010. and when she recieved her green card it also said oct 22, 2010.

So my question is which one should i go by, the green card or the visa on the passport?

I dont want any complications afterwards...

thanx for any help

Filed: Citizen (apr) Country: India
Timeline
Posted
My wife has come last october. When she came her k-3 visa was on her passport with expiry date of 16apr2009. But in the while at POE the officer wrote on her passport entry till oct 22, 2010. and when she recieved her green card it also said oct 22, 2010.

So my question is which one should i go by, the green card or the visa on the passport?

I dont want any complications afterwards...

thanx for any help

Go by GC!!!!

U.S. Passport

xx-xx-2012: Passport application sent

I-130 petition for Sibling

07-19-2012: Sent I-130 via Priority mail

07-23-2012: I-130 received by PHX lbx (forwarded to california)

07-23-2012: Priority date

07-30-2012: I-797 receipt received

1. CR1 [Completed: 2009/Total Days: 325]

2. ROC [Completed: 2011/Total Days: 222]

3. CITIZENSHIP [Completed: 2012/Total Days: 125]

4. US PASSPORT [Completed: 2012/Total Days: ]

Posted

They're different dates for different purposes.

The visa is permission to apply to enter the US. Its expiration date was the last date she could have used the visa to enter the US. But she entered before her visa expired, so everything is ok, and you can forget about that date.

Now that she has a green card, she doesn't need her visa to enter the US. She uses her green card (plus passport). Her green card should have an expiration date of two years after conditional LPR status was granted.

One thing doesn't make sense, though. If she came in on a K-3 visa, she shouldn't have been granted a green card right away. She should have been required to go through adjustment of status, or else to go abroad and get a CR-1 visa and re-enter using the CR-1 visa. Regardless of how she got conditional LPR status, it should have an expiration date two years after it was granted. But on the day she entered with a K-3 visa, the officer had no way of knowing when her conditional LPR status would be granted, so he shouldn't have had any way of knowing to write Oct 22, 2010 on her passport stamp. I'm guessing she got conditional LPR status (either via a CR-1 visa or adjustment of status) on October 22, 2008, and the writing on the passport was made on this date.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Posted
One thing doesn't make sense, though. If she came in on a K-3 visa, she shouldn't have been granted a green card right away. She should have been required to go through adjustment of status, or else to go abroad and get a CR-1 visa and re-enter using the CR-1 visa. Regardless of how she got conditional LPR status, it should have an expiration date two years after it was granted. But on the day she entered with a K-3 visa, the officer had no way of knowing when her conditional LPR status would be granted, so he shouldn't have had any way of knowing to write Oct 22, 2010 on her passport stamp. I'm guessing she got conditional LPR status (either via a CR-1 visa or adjustment of status) on October 22, 2008, and the writing on the passport was made on this date.

Some people are just lucky. This isn't the first time I've heard of something like this. Be happy for them. :)

Posted
thanx for all the help... btw...she did come on the CR1 visa i forgot to mention that...

And don't forget she needs to file for I-751 application (Removing of Condition to Residency) 90 days before October 22, 2010. Start gathering documents and evidence now to support the application :) .

Never ever say never

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