POE entry after petition expires.

[HKUSA 5]

So I just got done reading through this thread

https://www.visajourney.com/forums/topic/567308-k1-denied-at-poe-however-visa-expires-02042016/

 

and it concerns me still a bit though I know the conclusion was it was on over-reach of power and that its not the norm. However there are a few other threads from the years past about the same problem and I want to figure out a way to head this off at the pass.

 

Our NOA2 states it expires 2/4/19 but we want to spend Chinese New Year with her family, which is on Feb 5th. We'd leave a few days later. The petition is working it way through the NVC right now and should be sent to the consulate soon. So is it a reasonable thing to do to add a letter to the interview documents asking the consular official to extend the petition length out of an abundance of caution? We'd be flying into a POE (probably Chicago) from across the pacific so we wouldn't have the luxury of running back to the embassy without flying all the way back.

 

I was a little confused about the petition exp date vs the NOA2 exp date. Aren't they one in the same? Or is there another exp date once the NVC assigns a case No.? Some comments made reference to them separately. I know the visa is supposed to be valid 3 months from date of issue.

 

Thanks all.

 

[payxibka 10,045]

15 minutes ago, HKUSA said:

So I just got done reading through this thread

https://www.visajourney.com/forums/topic/567308-k1-denied-at-poe-however-visa-expires-02042016/

 

and it concerns me still a bit though I know the conclusion was it was on over-reach of power and that its not the norm. However there are a few other threads from the years past about the same problem and I want to figure out a way to head this off at the pass.

 

Our NOA2 states it expires 2/4/19 but we want to spend Chinese New Year with her family, which is on Feb 5th. We'd leave a few days later. The petition is working it way through the NVC right now and should be sent to the consulate soon. So is it a reasonable thing to do to add a letter to the interview documents asking the consular official to extend the petition length out of an abundance of caution? We'd be flying into a POE (probably Chicago) from across the pacific so we wouldn't have the luxury of running back to the embassy without flying all the way back.

 

I was a little confused about the petition exp date vs the NOA2 exp date. Aren't they one in the same? Or is there another exp date once the NVC assigns a case No.? Some comments made reference to them separately. I know the visa is supposed to be valid 3 months from date of issue.

 

Thanks all.

 

Petition expiration has nothing to do with entry.  The Visa will have an expiration date that is the date entry must occur by

[DaveAndAnastasia 2,092]

That case was a clear error on the part of the people at the POE; lots of people enter on a K-1 after their NOA2 expires, and it's perfectly legal to do so. Don't worry about immigration officials doing something that's clearly incorrect.

 

As far as I know

• The petition doesn't have an expiration date; if it did, we wouldn't have the occasional couple here with a case that's been in limbo for over a year
• The expiration date for NOA2 is when you have to have scheduled an interview by; this can be renewed twice for an additional four months each time at the consulate's discretion (if you didn't get an interview due to lack of spots, this will probably happen automatically, but make sure it does).
• Once she has her visa, she'll have six months from her pre-interview medical exam to come to the US, marry you within 90 days, and adjust status

So even if your fiancée got her visa tomorrow, you could still spend Chinese New Year in HK with her family.

 

[HKUSA 5]

Hmm, yeah ok thx. I guess I'm just want to make sure I research every possibility. They don't really give any leeway at POE and the officers are always so serious.

 

Fingers crossed then.

[HKUSA 5]

On 11/7/2018 at 8:09 PM, DaveAndAnastasia said:

That case was a clear error on the part of the people at the POE; lots of people enter on a K-1 after their NOA2 expires, and it's perfectly legal to do so. Don't worry about immigration officials doing something that's clearly incorrect.

 

As far as I know

• The petition doesn't have an expiration date; if it did, we wouldn't have the occasional couple here with a case that's been in limbo for over a year
• The expiration date for NOA2 is when you have to have scheduled an interview by; this can be renewed twice for an additional four months each time at the consulate's discretion (if you didn't get an interview due to lack of spots, this will probably happen automatically, but make sure it does).
• Once she has her visa, she'll have six months from her pre-interview medical exam to come to the US, marry you within 90 days, and adjust status

So even if your fiancée got her visa tomorrow, you could still spend Chinese New Year in HK with her family.

 

Wait but then why do they bother printing "petition expires on" on the bottom of the visa?

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures