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

[tocca2015 24]

I have no information to add, except that I am so sorry you had to go through that! A lot of boneheads go into law enforcement so they can be on power trips and bc they need some kind of validation bc they are losers in their own personal lives. They sure as heck font go into it to serve and protect... Last time I went home to Canada where I was BORN and raised (and entered on a Canadian passport), I was asked WHY I was coming to Canada lol...I wanted to quote him the law which states citizens don't need a reason ever to come home nor can they be denied entry.

Please don't be discouraged, it will all get straightened out and I agree with everyone here, have your soon to be husband/wife make a FORMAL complain when you get to the US. Keep your chin up...soon you'll have a GC and you can be married and start your life with your loved one. Moving to the US isnt for the faint of heart but this is just something that will get through.

I am rooting for you and I know it will work out. *Virtual hugs*

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.

"Pits of Hell" is an understatement YYZ SUCKS

[SalSterling 10]

Sad that this happened to you. It seems a lot of folks in the US allow their uniforms to get into their heads and feel they can do anything without repercussions, irrespective of the adverse effects on their 'victims'. You may now have to physically head to the Consulate to get a reseal. This time you may also consider going through Niagara Falls and fly off from Buffalo Airport.

PhilLuv, no not at all this is a very rare case. 99.99% of US officers are very professional and believe me there will be repercussions and will be fixed. I do have even worst cases to put here how UK officers in embassy and in Uniform treats and behaves with much more genuine cases then this one. There is a one case of my own brother and his wife. I just don't want to start another debate or steel this thread. Please don't generalize. Thank you.

[TBoneTX 45,663]

this is a very rare case. 99.99% of US officers are very professional [...] Please don't generalize.

This is generalizing and, in my experience over many years, a gross overestimation of the professionalism of CBP agents at airports, land POEs, and inland checkpoints.

Granted, they see a lot of weird stuff (their words), but it fails to excuse their excesses.

Edited September 23, 2015 by TBoneTX

[Pianist27 31]

My fiance's petition had expired, she and her son had no problems at POE because the date on the visa is the only thing which matters.

Once in the US, be sure to file complaints everywhere. Incompetence must not be allowed to fester unchecked.

[moemac59 192]

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?

That's why I suggested that this person go back to YYZ and upstairs to Terminal 1. At least if the OP goes to speak to someone in the airport with USCIS they may be able to direct the OP to that officers supervisor. The supervisor can then inform their agents how the K1 visa process works as opposed to this happening to someone else. Like I said, this is a bit of a long shot but it might help.

[Sandra G. 5,054]

9 FAM 41.81 N6.2 Validity of a K-1 Petition (CT:VISA-2165; 08-21-2014)

"An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States...".

[tysonrocky 7]

Due to 221g, I received my approval yesterday, visa is already on the way. We will arrive at POE about mid october.. after reading this topic, I am looking at my NOA2 letter, and it says valid from 5/21-9/20... should I have this updated? and how so? Email the consulate or email USCIS.

[Izor 79]

Due to 221g, I received my approval yesterday, visa is already on the way. We will arrive at POE about mid october.. after reading this topic, I am looking at my NOA2 letter, and it says valid from 5/21-9/20... should I have this updated? and how so? Email the consulate or email USCIS.

Tyson ...Read the answers in this thread

[tysonrocky 7]

Tyson ...Read the answers in this thread

I did read the answers in this thread, that's why I had to ask again for clarification.

[NinjaMax 14]

The fact that this happened is really bothering me, I am waiting for my visa to arrive and I thought about using pearson airport, I was worrying about this EXACT issue.

My NOA2 is also expired. How could they allow this to happen? why would the US consulate write a petition expiry date on the visa after it has been approved???? Dont they realise this might cause confusion with the retarded CBP officers?

Im thinking about going through billy bishop in downtown toronto, maybe avoiding US pre-clearance at pearson may solve this, they seem really incompetent

I am really sorry this happened to you, its unfortunate the montreal consulate dosent take phone calls regarding immigrant visas

[MADDEN 40]

Due to 221g, I received my approval yesterday, visa is already on the way. We will arrive at POE about mid october.. after reading this topic, I am looking at my NOA2 letter, and it says valid from 5/21-9/20... should I have this updated? and how so? Email the consulate or email USCIS.

Tyson I too am still a little confused but as long as you enter before your visa expires, from what I can gather you will be fine,

It certainly isn't helpful when people just tell you too read the thread, clearly you read it.

All the best

[gavw72 23]

Surely the NOA2 expires the day the visa is issued as it is only an approval to obtain a visa? This being the case every NOA2 ever issued has expired when the visa holder enters the US.

The same way that the K1 visa expires when it is turned over at the POE?

Some re-training needed by the sounds of it!

[Max1gk 68]

Meanwhile people adjust status from expired tourist visas without problems, the great paradoxes of the US immigration system...really really sorry this has happened to you. I hope It will be all straighten out by the Consulate. All the best

[stephansson 0]

I feel bad for you, CBP does have the number for the Montreal consulate and could have phoned them to inquire further. When I crossed into the US the CBP officer who was handling my paperwork had a concern and called them to straighten things out.

In case anyone else is curious, the Montreal Consulate has been sending out modified packets (I don't know what the modification is) and that was what the CBP officer in my case was concerned about. He was confused, as to him some information was missing.

[NinjaMax 14]

I feel bad for you, CBP does have the number for the Montreal consulate and could have phoned them to inquire further. When I crossed into the US the CBP officer who was handling my paperwork had a concern and called them to straighten things out.

In case anyone else is curious, the Montreal Consulate has been sending out modified packets (I don't know what the modification is) and that was what the CBP officer in my case was concerned about. He was confused, as to him some information was missing.

EDIT: How long were you in AP after sending in those missing documents?

Edited September 23, 2015 by NinjaMax