USCIS officer says my K1 visa isn't adequate

[Gikoo 0]

I really need some advice about something. Well, I've recieved my fiancee visa & everything is cool. However, on my last trip to the States I was informed of a technicality by a USCIS officer. He told me that because my visa process has taken so long, when I enter the States on my fiancee visa I wont be able to get married because the approval expired before I got my visa. So basically, he said that K1 beneficiaries are supposed to go to their visa interview within the 4 month approval period. This is old news, but the problem is not everyone can do that & those who don't manage it are screwed when they arrive in the States.

So he said that (even though I already have my visa now) because my interview took place AFTER the approval period my US fiance should apply to the national visa center for another 4 month approval. This sounds ridiculous to me but anyway, he wrote the letter & they wrote back saying that it was out of there hands & that we should get the US enbassy who interviewed me to write a letter. I havn't asked them yet but I'm sure they won't do it because its not their policy.

I called the USCIS & they don't know anything about it (surprise surprise). Has this happened to anyone else? What should I do?

[TracyTN 237]

Who exactly told you that? An officer at the POE? An officer at POE is not a USCIS officer, so you've confused me there a bit. Assuming it was the officer at POE that told you that, he has no idea what he's talking about. Officers at POE have no authority on whether or not to issue a visa - that is up to the State Department folks consulate, who have issued you the K1.

It is almost routine that NOA2s have expired before people have their interviews, and it is the consulate who decides whether or not to extend that. Obviously they did when they approved your visa.

Take your visa and enter the states without giving it a second thought.

Edited June 11, 2007 by TracyTN

[Dan J 277]

K1 approval is good for 4 months. But assuming you turn in packet 3 and dont abondon the process, they will extend the approval as needed until they are able to give you an interview. After the visa is approved it is good for one entry for six months.

[john_and_marlene 162]

You can forget you were told that. Your visa is good. Don't ever take immigration advice from that person again.

[YuAndDan 153]

The USCIS officer is wrong on this, the consulate has the authority to extend the visa petition for another 4 months or more depending on case load at the consulate. This is especially so for very busy consulates like China, where it takes 3 months just for paperwork to get from NVC to the consulate.

Extending the Petition

The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.

http://travel.state.gov/visa/immigrants/ty....html#Extending

What if my petition expires?

Consular officers have the authority to extend the validity of petitions that have expired. Because many petitions often expire before an applicant can be interviewed, officers at the Consulate routinely extend the validity of K-1 petitions.

http://guangzhou.usconsulate.gov/kvfaq.html

Where was this USCIS officer you were talking with? Officer at POE?, Local office?

Sounds like someone from Homeland Security who does not understand processes performed by Department of State.

If this were the case then every visa petition sent to consulates like Guangzhou would time out and absolutely no K-Visas would not be issued, which is not the case.

[Krikit 1,164]

I am in agreement with the others. The "expired" approval (which is automatically renewed during the visa process as the others have said.... you just don't receive a copy of the renewal) is for the application process only. Your visa is good, so go ahead and use it. The POE officer who spoke with you does not appear to be familiar with the process. Must be a newbie. lol

As a point of reference.... once the visa is used at the POE, the clock starts ticking on the "90 day" stage. This is a totally different process than the "expired" application approval. No need for worry, though. The odds of you getting that same, uninformed, officer at your next POE are slim to none.

Congratulations!

[Creel 0]

I agree. You have four months from when your application is approved in the US for the embassy to issue the visa. If they do not issue it in that time, they can extend your four months. Once you have the visa you have up to 6 months to use it to come into the United States and once here 90 days to get married. Don't worry.

[Yodrak 7]

Gikoo,

I suspect, as Tracy does, that you spoke with a CBP officer rather than a USCIS officer. And as more than a few responders have pointed out, an unknowledgeably CBP officer. But, like mice in the basement, where there's one there may be many.

It's been years since I've heard of a K1 being denied entry on the basis of an expired petition, but it has happened in the past. Should not be a problem especially if the consulate noted an extension on the petition when they were processing your visa application as they should have. If it's not too much trouble you might want to go back to the consulate, explain the situation, and have them verify that they did explicitly extend the petition's period of validity.

Yodrak

Who exactly told you that? An officer at the POE? An officer at POE is not a USCIS officer, so you've confused me there a bit. Assuming it was the officer at POE that told you that, he has no idea what he's talking about. Officers at POE have no authority on whether or not to issue a visa - that is up to the State Department folks consulate, who have issued you the K1.

It is almost routine that NOA2s have expired before people have their interviews, and it is the consulate who decides whether or not to extend that. Obviously they did when they approved your visa.

Take your visa and enter the states without giving it a second thought.

I really need some advice about something. Well, I've recieved my fiancee visa & everything is cool. However, on my last trip to the States I was informed of a technicality by a USCIS officer. He told me that because my visa process has taken so long, when I enter the States on my fiancee visa I wont be able to get married because the approval expired before I got my visa. So basically, he said that K1 beneficiaries are supposed to go to their visa interview within the 4 month approval period. This is old news, but the problem is not everyone can do that & those who don't manage it are screwed when they arrive in the States.

So he said that (even though I already have my visa now) because my interview took place AFTER the approval period my US fiance should apply to the national visa center for another 4 month approval. This sounds ridiculous to me but anyway, he wrote the letter & they wrote back saying that it was out of there hands & that we should get the US enbassy who interviewed me to write a letter. I havn't asked them yet but I'm sure they won't do it because its not their policy.

I called the USCIS & they don't know anything about it (surprise surprise). Has this happened to anyone else? What should I do?

[Gikoo 0]

I think the officer was a CBP or Homeland security guy. It was at a different location to the airport but still somewhere near it. I had an appointment there because they wanted to pull me up about an old student visa I had in 2005. Anyway, I know he was trying to intimidate me but I just can't help being concerned. He said something along the lines of "I don't know why the US embassy always sends people here with expired petitions because they get left in limbo when they arrive & sometimes have to wait 5 months or so till they can get married".

I just worry because they really have it in for me there. Last time I went to see my fiance they kept me for 7 hours. I'm sure it'll be ok but I really want to make sure I've taken all precautions before entering. I think I'll take Yodrak's advice & contact the embassy.

Thank you so much everyone, you've all made me feel a little better

[pushbrk 12,882]

I think the officer was a CBP or Homeland security guy. It was at a different location to the airport but still somewhere near it. I had an appointment there because they wanted to pull me up about an old student visa I had in 2005. Anyway, I know he was trying to intimidate me but I just can't help being concerned. He said something along the lines of "I don't know why the US embassy always sends people here with expired petitions because they get left in limbo when they arrive & sometimes have to wait 5 months or so till they can get married".

I just worry because they really have it in for me there. Last time I went to see my fiance they kept me for 7 hours. I'm sure it'll be ok but I really want to make sure I've taken all precautions before entering. I think I'll take Yodrak's advice & contact the embassy.

Thank you so much everyone, you've all made me feel a little better

If you are in the US, legally or not, you can get married. The person who told you somebody had to wait five months to marry was either talking about somebody outside the US or is completely wrong.

If you have a K1 visa, remember, it is good for one entry only. Regardless of the visa waiver program, you will need Advanced Parole to leave and return to the US between the time of your K1 entry and the approval of your status adjustment to permanent resident.

[no name 1]

I really need some advice about something. Well, I've recieved my fiancee visa & everything is cool. However, on my last trip to the States I was informed of a technicality by a USCIS officer. He told me that because my visa process has taken so long, when I enter the States on my fiancee visa I wont be able to get married because the approval expired before I got my visa. So basically, he said that K1 beneficiaries are supposed to go to their visa interview within the 4 month approval period. This is old news, but the problem is not everyone can do that & those who don't manage it are screwed when they arrive in the States.

So he said that (even though I already have my visa now) because my interview took place AFTER the approval period my US fiance should apply to the national visa center for another 4 month approval. This sounds ridiculous to me but anyway, he wrote the letter & they wrote back saying that it was out of there hands & that we should get the US enbassy who interviewed me to write a letter. I havn't asked them yet but I'm sure they won't do it because its not their policy.

I called the USCIS & they don't know anything about it (surprise surprise). Has this happened to anyone else? What should I do?

The big question is, when did the officer tell you this? I see your interview/approval was Aprill 2007. Have you been to the US since?

[Gikoo 0]

My last visit was in January of this year. I know not to travel after the interview unless it is to marry.

[Arnold_and_Joan 0]

My last visit was in January of this year. I know not to travel after the interview unless it is to marry.

Correct me if i'm wrong. You had your interview after the expiration stated on the NOA2 (I think?) for the application for your visa? THE SAME THING HAPPENED TO ME. Our scheduled interview date was AFTER the expiration date of my fiance's petition. What I did was to send a fax to the US Embassy requesting an extension but I don't really know if this matters or they even gave an extension. If I remember correctly now, the Embassy informed us later in the interview it doesn't really matter about the expiry date and our interview going over that date. So, this officer doesn't really know what he's talking about and you shouldn't worry. My fiance's here now with me in U.S. and didn't have much problems regarding the expiry date at her POE. Good Luck.

[Gikoo 0]

I also requested an approval extension from the embassy but they told me not to worry because they do it automatically & it was not an issue. Its just that officer who put doubt in my mind. But you guys have made me feel more confident about the situation.