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Country: England
Timeline
Posted

Hi all,

my fiancee got her k-1 received and approved in December of 2005. She is ready to fly over here this weekend (Feb 17th), but she realized her passport expires in June 2006. She said her father read (somewhere) that her visa must have at least 6 months remaining before it expires for her to be able to come over. In other words, if she gets here on Feb 17th, her visa cant expire prior to Aug 17th, if it does she may be turned away.

Is there any truth to this at all???

If so, will she actually be turned away at the gate? Or will she be allowed to enter and then renew it through the mail from the states. She is from London, England...

If anyone has any knowledge at all regarding this, your response asap will be greatly appreciated! This is something that is last minute and just came up and has us very worried. Thanks in advance! :)

Posted

With regards to renewing her passport after arriving in USA I am not sure but I do know that there must be 6 months left on the passport ...... Before my son could travel I had to get his passport renewed and also when my daughter came Hers had to be renewed..... this is NOT just for entry to USA but for all travel using your passport

Ange

Here we go again !

Lifting conditions

Oct 14th 08 ..... Mailed the I-751. Back in the system we go

Oct 18th 08 ..... NOA receipt date

Oct 20th 08 ..... Check has been cashed, waiting on the NOA1 and Biometrics appointment now.

Oct 24th 08 ..... NOA arrives in post.

Nov 13th 08 ..... Receive date for Bio-metrics in Atlanta.

Nov 28th 08 ..... Bio-metrics appointment.

Feb 18th 09 ..... Date of decision to remove conditions on permanent residency.

Feb 23rd 09 ..... Received notification on approval ( via snail mail ). Green card on order.

Feb 26th 09 ..... Card production ordered. Pleas wait 30 days ( as per case status on USCIS home page ).

Mar 7th 09 ....... My 10 yr green card arrives.

Apr 22nd 09 ..... Sons 10 yr green card finally arrives( after a nudge at VSC from the USCIS helpline)

Going to take a little break from the immigration stuff.

31e3d60.jpg.png

Country: England
Timeline
Posted

Ange,

Are you saying you had to renew your passport PRIOR to traveling to the USA on your visa?

I just want to make sure i understand what you are saying...i dont want her to get held up at the POE because she doesnt have a full 6 months remaining on her passport.

I was thinking she would still be able to enter the USA, but would have to renew passport from here once she gets here?

Thanks!

Filed: Timeline
Posted (edited)

No she does not need to..... her passport is still valid and she can enter the states on the passport she has.... lots of us who are here in the states have done this.... it is very easy and quicker to renew the passport here in the States....

Go and check the website for both the brittish and the US passport agency and no where does it say that a passport has to be valid for 6 months to enter the states...

It should be valid to a date after your intended return when you are a tourist.. so if you have a tourist visa that would be 6 months if you come on a VWP that would be 90 days.... she is on a K1 she is not returning.... also the K1 would not have been issued if the passport was not in order.....

Kezzie

Edited by Kezzie
Posted

The terms of VWP are that a person have 6 months validity:

http://www.cbp.gov/xp/cgov/travel/id_visa/...sa_adrecord.xml

Not sure about K-1, my guess is that it would be the same. His fiance doesn't need to be worried about being turned away at POE, but being turned away at the check-in desk - the airlines won't let you fly if you have less than 6 months validity.

90day.jpg

Country: England
Timeline
Posted (edited)
The terms of VWP are that a person have 6 months validity:

http://www.cbp.gov/xp/cgov/travel/id_visa/...sa_adrecord.xml

Not sure about K-1, my guess is that it would be the same. His fiance doesn't need to be worried about being turned away at POE, but being turned away at the check-in desk - the airlines won't let you fly if you have less than 6 months validity.

Thats a good point about the airline. We will call them asap and find out whether she will have an issue or not...considering the fact she isnt booking a return flight because she is coming over on the K1 visa, i dont see why it would be an issue (hopefully). Thanks a lot!

I will update what the airline says.....

Edited by crozzy
Filed: Timeline
Posted

so if the airlines are saying you must have 6 months left on your passport then how did I and many others get here?????

dont know what airline you are talking about but I just called BA and they tell me that if you have a return ticket you passport should be valid for 3 months beyond the return date....

If you have a oneway flight as long as yur passport is valid on day of travel thats all you need....

Kezzie

Posted

Well, the link I posted stated 6 months on VWP from the Customs and Border Protection website, so I'm guessing they know what the law states. I know someone who was nearly refused permission to fly because she had only 5 months left on her passport, but a HB visa that was valid for a full year longer. I know sometimes they don't always check, which may be why people get through, but it's rules and airlines can be fined if someone is subsequently refused at POE.

90day.jpg

Filed: Citizen (apr) Country: England
Timeline
Posted
:goofy: crozzy - let us know what you find out. I could be wrong, but I thought that at the time of your interview you had to have 6 months left on your passport. Since the interview was December and June is 6 months from then, I think you are okay because I think at the interview they would have warned you otherwise. Of course as I said, I could be wrong. Good luck! :goofy:

K1 PROCESS:

04/08/05 . . . . Sent I-129F to TSC

08/31/05 . . . . London Interview - APPROVED

AOS PROCESS:

10/06/05 . . . . Sent AOS/EAD/AP to Chicago Lockbox

05/16/06 . . . . APPROVED.

REMOVING CONDITIONS PROCESS:

03/03/08 . . . . Sent I-751 packet to TSC.

02/27/09 . . . . APPROVED.

CITIZENSHIP PROCESS:

05/21/12 . . . . Sent N-400 packet to Dallas lockbox

09/11/12 . . . . Interview in Atlanta. Oath ceremony same day. Keith is a U.S. Citizen!

Filed: Timeline
Posted

As a general rule, passports must be valid for six months beyond the date the traveler will exit the U.S., however, the U.S. has signed agreements with a number of countries to waive this requirement. When such an agreement is in place, the passport must be valid for the entire period of the visitor's intended stay. If a U.S. visa has been issued on a passport that has expired, you should carry both your new passport and the expired passport containing your valid visa. There is no need to re-apply for a new visa unless the visa term has itself expired.

found this at:

http://help.customs.gov/cgi-bin/customs.cf...li=&p_topview=1

as the OP is not returning passport is good...

Kezzie

Filed: Citizen (apr) Country: England
Timeline
Posted
:goofy: Crozzy - what ever happened? Is she still coming tomorrow (the 17th). :goofy:

K1 PROCESS:

04/08/05 . . . . Sent I-129F to TSC

08/31/05 . . . . London Interview - APPROVED

AOS PROCESS:

10/06/05 . . . . Sent AOS/EAD/AP to Chicago Lockbox

05/16/06 . . . . APPROVED.

REMOVING CONDITIONS PROCESS:

03/03/08 . . . . Sent I-751 packet to TSC.

02/27/09 . . . . APPROVED.

CITIZENSHIP PROCESS:

05/21/12 . . . . Sent N-400 packet to Dallas lockbox

09/11/12 . . . . Interview in Atlanta. Oath ceremony same day. Keith is a U.S. Citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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