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Trouble At The Us Border! What Next?, K3 Visa expired 8 days ago!

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Filed: Timeline

My family and I arrived in the states on the 27th of Feb., but my wifes passport was seized by the Dept. of homeland secutity at the border! On the actual visa stamp in her passport at the very bottom it says"K3 Visa application expires on 20 Feb 2010". The visa was isued by the Embassy the last week of Jan, last month. I knew about the application expiring but wasn't concerned because the actual Visa expires in 2012 and the Embassy never told my wife she only had about 3 weeks to get to the states.

They let her come in to the country but I was told to call the Immigration dept. and make an appointment to get everything straightened out. It sounds like the passport will most likely be returned and I'll just have to apply for an adjustment of status at that time, but I'm not sure and had not planned to apply for the adjustment now because we live over seas. We also need to wait a month for the appointment but we were scheduled to leave the US at the end of the month.

Any ideas on what may happen and why the expiration of the visa was so soon?

Thank You!!

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Filed: Timeline
My family and I arrived in the states on the 27th of Feb., but my wifes passport was seized by the Dept. of homeland secutity at the border! On the actual visa stamp in her passport at the very bottom it says"K3 Visa application expires on 20 Feb 2010". The visa was isued by the Embassy the last week of Jan, last month. I knew about the application expiring but wasn't concerned because the actual Visa expires in 2012 and the Embassy never told my wife she only had about 3 weeks to get to the states.

They let her come in to the country but I was told to call the Immigration dept. and make an appointment to get everything straightened out. It sounds like the passport will most likely be returned and I'll just have to apply for an adjustment of status at that time, but I'm not sure and had not planned to apply for the adjustment now because we live over seas. We also need to wait a month for the appointment but we were scheduled to leave the US at the end of the month.

Any ideas on what may happen and why the expiration of the visa was so soon?

Thank You!!

My wife's K3 says the same thing. They let her in fine. However, her I 94 was only valid for 12 months on first entry. We even went to get her a drivers license on her first visit, over a year ago.

We have reentered the U.S. three times since. and everything was fine. We entered Chicago POE.

Sounds to me you have a rookie CBP. When we were asked why the visa says the application expires on xx/xx/xxxx we told the CBP that of course it expires because the visa is approved. After some checking, everything was good and my wife's passport had no problem.

THEY REALLY SHOULD TAKE OUT THE STUPID PETITION EXPIRATION DATE. It confuses the confused.

**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

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Filed: Timeline
My wife's K3 says the same thing. They let her in fine. However, her I 94 was only valid for 12 months on first entry. We even went to get her a drivers license on her first visit, over a year ago.

We have reentered the U.S. three times since. and everything was fine. We entered Chicago POE.

Sounds to me you have a rookie CBP. When we were asked why the visa says the application expires on xx/xx/xxxx we told the CBP that of course it expires because the visa is approved. After some checking, everything was good and my wife's passport had no problem.

THEY REALLY SHOULD TAKE OUT THE STUPID PETITION EXPIRATION DATE. It confuses the confused.

I told them the same exact thing and they just shrugged! The Embassy confirmed today that the visa is still good for two years. Now I just have to get the passport back.....

Thanks For The Reply!

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What knuckleheads...sorry this happened to you, but glad it got straightened out!

Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

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Filed: Timeline
Thanks for all the reply's. We got the passport back already. It was a mistake on their part. Hopefully some one else can learn from my experience.

Where did you end up going to get it back? Did they give you anything in writing to prevent the same thing from happening next time? If you can provide a bit more detail I think others can learn from your experience, in the event the same situation happens to them.

**** filed K3/CR1 concurrently. My wife and I both work/live overseas. The following timeline continues from the approval of the K3 VISA.


Our journey
http://www.visajourney.com/forums/index.php?showtopic=115855

NVC rec'd 130/ assigned case# 5-15-08
Called to request online payment ID# 5-18-08
Rec'd ds 3032/AOS bill by USPS 5-19-08
Rec'd email Online ID# for payment of AOS and DS3032 5-21-08
Returned ds 3032 by USPS during wife visit to U.S. on K3--5-29-09
Paid AOS online: 7-05-09 ( While in Cambodia )
Rec'd email to pay IV bill 7-7-09
Paid IV bill online 7-08-09
Mailed I-864 2-16-10
I- 864 delivered 2-18-10
Mailed DS 230 2-22-10
Ds 230 delivered 2-24-10
AVR says "NVC is awaiting biographic info from petitioner" 2-24-10
AVR says, "NVC has received the info checklist requested." NVC HAS ENTERED DS-230 INTO COMPUTER 3-01-10
SIF: 3-08-10
AVR Case Complete: 3-09-10
Rec'd interview email/date: 3-15-10
Medical: 4-09-10
INTERVIEW( less than 5 minutes ): 4-26-10 APPROVED
Pickup Visa: 4-30-10
POE: LAX 5/31/10
Overnight REENTRY Permit app: 6/01/10
Rec'd SS: 6-10-10
Rec'd Welcome to USA Letter + Green Card Tracking #: 6-14-10
Rec'd NOA1 letter + receipt # for reentry permit: 6-14-10
Rec'd 10 Yr. GC: 6-21-10
Rec'd Bio appt for reentry permit 7-18-10 but changed to 6-28-10 thru INFOpass: 6-25-10
REentry touches: 9-6-10, 9-29-10, 10-4-10
Rec'd email Reentry mailed 10-07-10
Rec'd reentry permit 10-09-10 ( 4 mths 1 wk )

Naturalized 04/2016

Received US Passport 05/2016

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Glad you got everything straightened out.

Removal of Conditions: 12/09/2011

ROC check cashed 12/15/11

NOA1 12/13/11

Biometrics 1/6/12 Complete

RFE 9/13/12

RFE package sent back 10/17/12

Card Production Ordered 12/04/12

10 year card arrived in mail 12/10/12

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  • 11 months later...
Filed: Timeline

Where did you end up going to get it back? Did they give you anything in writing to prevent the same thing from happening next time? If you can provide a bit more detail I think others can learn from your experience, in the event the same situation happens to them.

I just realized that I never followed up on this, Sorry!

We had to go to our local DHS office, gave them our report/receipt that we were given when the passport was taken, waited about 20 minutes and were handed the passport with no explanation at all! I checked, asked the officer if everything was in order, he said fine and we just left!

It was their mistake, I didn't bother to complain because I knew that they couldn't change what happened and an apology wouldn't help things or be offered!

I hope that this thread helps somebody if they find them selves in a similar situation.

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I'm curious if seizing an ID document that was issued by a foreign state is even legal. It potentially left your wife with no means of providing a picture ID of herself or of her legal presence in the US.

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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