Entering on a K-1 with Expired Petition?

[AlgeriaParis 2]

Hi All,

Perhaps I browse the internet too much, but I came across a thread (admittedly from 2002) in which someone was denied POE at Detroit because, even though her visa was valid, her I-129F Petition was not.

The poster says:

"First, this posting is about a friend I'm helping; my wife got her K1

visa long ago and has been here 2 years already.

My friend, a Filipino with US citizenship (grew up here) is engaged to
a Filipina. She got her K1 visa approved. Today, she got on a plane
for Detroit, and when she arrived, she got held for deportation
(hasn't been shipped back at this moment). The reason they gave her
was that the original petition filed by the US citizen had expired!
No, not the visa expired -- that was OK. The original petition
expired!

Is this messed up or what?? Most people in the Philippines with K1
visa have the petition expire before they get the visa, including me,
and my wife didn't have any problems at the POE. Anyone know what to
do? Just how screwed is my friend, anyway? I presume his fiancee is
banned for 5 years, is that how it works? Any way to stop her from
being shipped back?

Please help! Thanks.
Chuck"

Here's the link:

https://groups.google.com/forum/#!topic/alt.visa.us.marriage-based/ZlXpOJbCwP8

I've never heard of anything like this happening before, as I thought we had 6 months from the time that our visa was issued. Can anyone enlighten what was going on here? I'm absolutely horrified at the thought of more problems....

[clairegie 265]

As far as I know, the US embassy in the Philippines routinely extends petition validity up to a year. I think she might've completed the entire process before the petition expired, that's why they didn't extend anymore. Or that there's no activity in her case anymore (nothing pending but her leaving for the US/ no actions from their end needed anymore) so they overlooked the extension. I wonder if there was any annotation about her petition validity on her visa.

That's why your wife didn't have any issues with the extension. They automatically extended the petition validity since she still had to be interviewed etc.

This is only a guess since I cant open your link.

[AlgeriaParis 2]

Hi,

Thanks for your answer!

This isn't actually about me, it's from a thread that I found from 2002 (see above). My fiancé and I have yet to come to the US. He is Algerian, applying for the Consulate in France.

The reason that I posted this thread is that, if you can open the like or merely google "denied poa on expired petition k-1", is that this woman seems to have been denied not because her visa expired, but because her petition, I-129F, expired. The site lists multiple instances of this.

I thought we had six months after receiving the K-1 to enter. Has anyone had their POA denied because the petition expired? Or does anyone know anything more about this? I'm very worried.

Thanks.

[AlgeriaParis 2]

https://groups.google.com/forum/m/#!topic/alt.visa.us.marriage-based/ZlXpOJbCwP8

Try this link?

[clairegie 265]

If you really want to make sure, check your NOA2 expiration date, and then just be proactive and call the consulate and ask about petition extension. It's very easy to avoid this problem and you don't have to worry.

Some consulates automatically extend the petition, some requests for some sort of signed document. Just have to find out how France US embassy does it.

[TBoneTX 45,291]

Yes, the consulates can (and do) extend petition validity in 4-month increments for up to a year. The consular personnel have to be sure that action is intended, so respond to all notices.

Whoever was denied entry at POE because of an "expired petition" should have screamed bloody murder for a CBP supervisor. If the visa was valid, it was good for admission to the U.S.

[AlgeriaParis 2]

So I shouldn't have anything to worry about, then? Even if my petition expires, as long as my visa is valid, I should be allowed in, no problem? We may go as long as three months after we get our visa....

[AlgeriaParis 2]

I'm just confused as the thread I linked lists multiple cases of denials in Detroit!

[TBoneTX 45,291]

Even if the cases of refused entry were from 2015 and not 2002, all that needs to be done is to insist on speaking with the shift supervisor for CBP at the port of entry. The "expired petition" is out of your hands, and the valid visa is in your hands. You're rather worrying about straw dogs here.

Edited May 5, 2015 by TBoneTX

[KayDeeCee 4,893]

An expired I-129F petition is not grounds for denying entry, if you have a valid K-1 visa in hand. The expiration of the petition is the validity period for having the K-1 visa interview at the consulate abroad. As the petitions get extended all the time, even when they do expire before the visa interview takes place, petition expiration are typically a non-issue for getting the K-1 approved and entering the US with it.

http://www.state.gov/documents/organization/87391.pdf

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.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#11

My Petition Expired – Can It Be Extended?

The I-129F petition is valid for four months from the date of approval by USCIS. A consular officer can extend the validity of the petition if it expires before visa processing is completed.

[usmsbow 801]

So I shouldn't have anything to worry about, then? Even if my petition expires, as long as my visa is valid, I should be allowed in, no problem? We may go as long as three months after we get our visa....

2002 was another lifetime ago- especially in government terms. There was no CBP in 2002. There was the INS and Customs, two completely different agencies. Parts of INS (including Border Patrol) joined with Customs to form CBP. Another part of INS became USCIS. Also, 9/11 was very, very recent. Point being it was a completely different situation in 2002.

Regardless, as TBoneTX said, it is your visa that matters. As long as it is valid, you're OK. CBP probably wouldn't know nor care about your NOA2 expiration date any way.

[Pishi_Pishi 63]

Your post got me worried too, because we waited 6 months for I-129f to be approved and over 4 months in AP, so I129f was long time ago expired. He will be arriving soon, so I hope everything is ok. I agree with prior comment that I don't think our days we need to worry about this.

[Pishi_Pishi 63]

I just read some of the comments that was in the link that you provided:

"Hi All! I called the INS office at the Detroit airport and I was told if the embassy
did not revalidate the K-1 petition and they arrive here, they will be sent
back. They guy I spoke with said they had sent back 4 people yesterday.

They suggested that they go back to the embassy and have them open the envelope
and make sure it's been done. This sucks because knowing the Manila embassy
this will take weeks to be done, but better to delay things than have them sent
back."

---now I am really concerned because it's been almost a year since NOA2 and my fiance will be arriving soon

[usmsbow 801]

I just read some of the comments that was in the link that you provided:

"Hi All! I called the INS office at the Detroit airport and I was told if the embassy

did not revalidate the K-1 petition and they arrive here, they will be sent

back. They guy I spoke with said they had sent back 4 people yesterday.

They suggested that they go back to the embassy and have them open the envelope

and make sure it's been done. This sucks because knowing the Manila embassy

this will take weeks to be done, but better to delay things than have them sent

back."

---now I am really concerned because it's been almost a year since NOA2 and my fiance will be arriving soon

Repeat: it's from 2002, over a decade ago. There is no such thing as INS now. My NOA2 expired before even reaching NVC, and we had no problems. The embassy automatically extended the NOA2 4 months. You should be fine.

[TBoneTX 45,291]

The OP's question has been answered several times over. To avoid further concern or confusion, this thread is now closed to further comment.