K-2 Entry Problem

[SammyD 0]

Hi All,

I thought we had everything in order....after all the waiting with the K-1, AOS.....but my step-daughter was denied admission upon our arrival last week. At least she is in the country on a 30 day parole but we need to back for a meeting with a deferred inspection officer. At the POE, the CBP said that they could not admit since she arrived more than one year after the K-1 fiance which was true. However, I had asked the Bangkok embassy this directed and their response seemed to imply that we only needed to have the K-2 visa issued within a year of the K-1 visa being issued. Nothing about the actual date of entry into the US for the K-1. The visa issued had 6 months validity which was past the entry date. Everything that I saw on here and elsewhere said this was case. So is CBP just flat out wrong? Or is the Bangkok embassy in error for the issuing the K-2 with valid dates that extended past the 1 year entry date?

Thanks,

Sam

[Gary and Alla 3,694]

Hi All,

I thought we had everything in order....after all the waiting with the K-1, AOS.....but my step-daughter was denied admission upon our arrival last week. At least she is in the country on a 30 day parole but we need to back for a meeting with a deferred inspection officer. At the POE, the CBP said that they could not admit since she arrived more than one year after the K-1 fiance which was true. However, I had asked the Bangkok embassy this directed and their response seemed to imply that we only needed to have the K-2 visa issued within a year of the K-1 visa being issued. Nothing about the actual date of entry into the US for the K-1. The visa issued had 6 months validity which was past the entry date. Everything that I saw on here and elsewhere said this was case. So is CBP just flat out wrong? Or is the Bangkok embassy in error for the issuing the K-2 with valid dates that extended past the 1 year entry date?

Thanks,

Sam

This is an error by CBP and they were correct to admit her. It will be cleared up at the deferred adjudication. The visa must be issued within 1 year of the K-1, that is true and then the K-2 has a 6 month validity itself. Not to worry. They are human and made a mistake. It will be OK.

Hi All,

I thought we had everything in order....after all the waiting with the K-1, AOS.....but my step-daughter was denied admission upon our arrival last week. At least she is in the country on a 30 day parole but we need to back for a meeting with a deferred inspection officer. At the POE, the CBP said that they could not admit since she arrived more than one year after the K-1 fiance which was true. However, I had asked the Bangkok embassy this directed and their response seemed to imply that we only needed to have the K-2 visa issued within a year of the K-1 visa being issued. Nothing about the actual date of entry into the US for the K-1. The visa issued had 6 months validity which was past the entry date. Everything that I saw on here and elsewhere said this was case. So is CBP just flat out wrong? Or is the Bangkok embassy in error for the issuing the K-2 with valid dates that extended past the 1 year entry date?

Thanks,

Sam

Contact the consulate by email and get their opinion in writing. The consulates and the state department issue visas and are the authority on their validity for entry. Get their repsonse and bring it with you. This will turn out to be a nuisance and nothing more

[SammyD 0]

Thanks for the reply and assurances. I thought that I had had that assurance from the Bangkok consulate in an email but when I went back to it at the CBP office at the airport, it wasn't so black and white. It only said the K-2 visa needed to be issued prior to the K-1 visa issue date and was silent on the entry date. This was clear enough to me but still was not to the CBP. I will send an email back to consulate with the problem to get a clearer opinion from them. Thanks again.

[SammyD 0]

Unfortunately, this is the response I got.....

"Dear Petitioner,

While the provisions of immigration law permit the issuance of a visa to a K2 applicant up to one year after the issuance of the K1 principal applicant, admission of aliens to the US is the clear purview of the Department of Homeland Security and they have the prerogative to refuse entry to anyone regardless of the possession of a visa. By law their decision in the case will be final.

Immigrant Visa Unit, US Embassy Bangkok"

To my inquiry......

"On last Thursday, September 20th, I travelled with my wife and K-2 step-daughter from Bangkok back to the US. At the US arrival airport (MSP), CBP said that they could not admit her since she arrived more than one year after the original entry date of her K-1 mother. The mother’s (Piemsiri Ketniem) K-1 visa issue date was August 3, 2011 and her US entry date was August 13th. The K-2’s (Onphimon) visa issue date was June 27, 2012 which was within the one year of the K-1 visa issue. The expiration date on the K-2 visa is December 25, 2012, so we expected no problems with the September 20th arrival.

CBP has given her a 30 day parole for us to meet with a Deferred Inspections Officer. Can you provide any further clarification or explanation that I can take to the deferred inspections meeting?

Thank you for your help in this manner.

Best regards,

Sam"

So I guess they didn't want to take any stand for fear of mis-stating something.