K1 Denied at POE, However Visa Expires 02/04/2016

[raven52 233]

I really feel for you. It would seems to me to be a non-issue.

You should have been allowed to pass through.

What stinks to me, is this officer made a huge mistake, and nothing will be done to him, or cause him to be re-trained.

I feel so sorry for you, just keep working with the embassy, get it right, and I hope the same officer is their, so you can """ENLIGHTEN" him!

Good luck.

[PhilLuv 43]

THe officer is probably having fun or on a bet with his peers, as according to you he cancelled others for reasons best known to him. You probably would have to file a compliant once you arrive in the US.

[Girl from Celebes 588]

I think the officer doesn't know his job. If the petition is expired then why the embassy issued a visa valid up to 6 months. Visa is to enter the U.S. Not the petition. That's why NOA-2 hardcopy says " this is not a visa". Oh my, I hope you get his name and reported it. I'm sorry you have to deal to such a situation like this.

[KayDeeCee 4,893]

Sorry to hear about this and your delay. I would say most petition approvals are expired before the US entry with the K-1 visa. The petition approval is for visa processing, and the consulate can extend its validity if you need to delay your K-1 visa application/interview. The petition validity has nothing to do with your US entry via your valid K-1 visa. You have until the actual visa expiration to enter.

There are people in every job field that are good or bad at their jobs. This particular individual is obviously bad, as is his supervisor, if he actually them about it as well. They need to learn the immigration processes, requirements and laws. Their job entails them knowing these things.

I hope your consulate helps you out quickly. I would also have the USC fiance(e) petitioner contact their congressperson about this debacle.

I would personally choose another POE for my second attempt. Perhaps you will find more competent CBP officers there.

[Trenz 52]

I was told I could not enter on a K1 visa at Toronto Pearson Airport this evening. The officer said because my petition expired on 08/22/2015, my visa is now "invalid" regardless of what my visa expiration date states (which is 02/04/2016). He said he spoke to his supervisor and chief and they agreed. His colleague standing beside him also agreed that because my petition expired, my K1 visa is no longer valid. As you could imagine, I was in complete shock and devastated. When I asked to speak to a manager, the officer kept brushing me off and told me to leave and inform my airline that I would no longer be on the flight. As I kept trying to ask, he began asking the next person in the waiting area to come forward so he could deal with their case. I was scared to raise my voice or start a fight because I didn't want him to cross off my visa and render it invalid (it was something I noticed he did to the people ahead of me).

He even had the nerve to make jokes and laugh at me at the end when he asked about our wedding plans (we scheduled it for this Friday) and said I should have sponsored my fiance here instead. Ridiculous.

Also I had my interview at the consulate in Montreal on 08/12/2015 and received my passport soonafter with my K1 visa inside. The officer did not touch my visa but he did open the sealed envelope and went through the documents. He returned it back to me unsealed. I feel like this will be a major problem now.

His advice was to contact the consulate and get a letter stating I'm still admissible to enter as a K1. I'm planning on giving a call to the Montreal consulate (the consulate that issued my visa) and explaining the situation. However I do live in Toronto so I may give that consulate a call as well (not sure if that will help matters though). I'm at a loss of what to do. The officer was rude, unprofessional, and power tripping over not only me, but the others that were ahead me in secondary (who were also refused entry on their respective visas). The officer's last name was along the lines of "Dagdagan".

If anyone has gone through anything similar, please share your experience. I don't believe I should have been denied and my visa is still valid. However my sealed envelope is of course no longer sealed. Advice?

I could only imagine the stomach sinking feeling you experienced to hear that news after all of that waiting, I did not experience this while crossing at Pearson. I can however (in my experience as well) say that you are completely correct in noting the unprofessional attitude of the officers in this particular airport.

Despite the fact my application was eventually approved I was given nothing but rude remarks about my relationship and experienced conduct truly unprofessional of someone who works in that kind of position. It honestly makes me wonder if it is ignorance of these officers toward the painstaking process of the visa journey or out and out maliciousness. Either way, it is unacceptable.

While I am sure this may be some instances where it is smooth sailing while crossing over at Pearson, I would heed the advice earlier in this thread and try crossing at another POE if you are able to. While this isn't ideal, sure, this may save you from having a repeat of this incident all over again.

Here's to hoping your situation improves!

[TJandJR 69]

Your situation really bothers me. I am so sick of people misusing their authority with no thought or care to how devastating it is for the people who have to suffer the consequences of the abuse of power or their carelessness. It's also a shame that this man will probably not be reprimanded. Please keep us informed of how this turns out for you. I'm so sorry you are dealing with this and wish you the best and quickest positive results.

[Hypnos 6,576]

1) Get your documents re-sealed and PoE elsewhere.

2) File a formal complaint with the port director of that CBP facility, and maybe even copy your senator or congressperson on it.

Many poor federal employees believe themselves to be untouchable, and unfortunately a great many of them are. You should absolutely do your part to try and get this one kicked in the pants, though.

Edited September 23, 2015 by Hypnos

[jwhite84cc 2]

http://blogs.usembassy.gov/philippines/revalidation-of-the-fiancee-visa-petition-iv/

Hi=) I hope this helps. The consulate usually re-validate your petition when you go for your interview or when you contact them.

[MADDEN 40]

Gosh that's terrible what happened to you, but i'm totally confused, so does it mean you have to entre the U.S before your NOA2 expires? mines expires on the 12/27/2015 so when I go for my interview I should get this extended if I wont be in the U.S before this time?

[moemac59 192]

I would also suggest going to Terminal 1 in YYZ and going upstairs to the departure level and speak with someone up there. This is where they do the NEXUS interviews but maybe someone there can assist you with this when you explain what happened and may even be able to get a supervisor to meet with you. I know that this maybe a long shot but it can't hurt to try.

This makes absolutely no sense at all.

[moemac59 192]

Try calling this number as well and see if this works.

(905) 676-2606

[Expat1 971]

It is your sponsor who needs to take it up with this officer and immigration, not you.

What a pr-ck. I believe I would be making a trip if something like that happened on my case.

[Lowlie 191]

The airport in Toronto is like a nightmare from the pits of Hell. Seriously, the people who work there are HORRIBLE. I'm not the least bit surprised by your experience there. I'm sure if you had gone through any other airport, you'd have had no problem. More often than not, they have no clue what they're doing or talking about.

[AmAjjD 33]

Yes, it is true that the K1 only gets you to the POE, not through it, and the final decision rests on the CBP officer to let you through. However his decision seems to have come from improper training. That alone should not have denied you because that was a case of him reading the wrong information and basing a decision on that. Was there any other reason stated that you were denied?

Edited September 23, 2015 by AmAjjD

[Hotter Otter 1,211]

I would definitely go through a different POE next time, partly so you don't get the same officer and partly to avoid the same problem as the supervisor apparently had the same opinion.

I'm sorry that this has happened to you, I hope you get it sorted soon.