To Bio Or Not To Bio

[Kazan' Tiger 1]

Fellow Comrades,

Alla has her Embassy interview date set. She just called me to say she received her packets. However, we are tossing the idea of requesting her interview to be delayed. First, she is thinking she should apply for a new biometric passport. The problem is with turnaround time. It is not quick enough for delivery before interview date. Second, since she isn't planning on arriving to the States until early summer (after school finishes), delaying her interview will not affect our reunion plans.

She already has an international passport, but it expires in July. She and I are curious what you all think. Should she apply for the new bio passport, renew the old style one, or use the current one and apply for a new biometric passport Stateside?

[mox 298]

Most countries (have her check for Russia!) will return the expired passport to you with the corner cut off, signifying that it's invalid. The US in the meantime will honor a valid visa in an expired passport as long as she's also traveling on her new passport. If this is the case with Russia, she could certainly wait until after the interview to get her new passport. She just needs to make absolutely sure they will return the old passport intact.

EDIT: Here's the relevant FAQ from the Moscow embassy:

Q: My passport has expired, but I have a valid non-immigrant visa in it. How can I get a new visa into my new passport?

A: This is not necessary. The United States Department of State and the Department of Homeland Security consider that the U.S. nonimmigrant visa that has not expired or been cancelled is valid, even if the passport in which it was placed is either expired or cancelled.

Any traveler having a valid visa in an expired passport and having a new valid passport, is welcome to enter the United States carrying both passports. Such travelers will be admitted, barring any other ineligibility, at any time prior to the date of the visa’s expiration. It is not necessary to obtain another visa in the new passport.

Edited January 29, 2008 by mox

[Kazan' Tiger 1]

Thanks Kirk,

I already knew about the valid visa in an expired passport. She is more wondering how important the new bio passports are for the near future. She can update her old style before the scheduled interview with no problem. She is really leaning towards just getting the new format. Delaying her interview is no big deal as she would not come immediately anyway. She wants the kids to finish out the current school year.

Most countries (have her check for Russia!) will return the expired passport to you with the corner cut off, signifying that it's invalid. The US in the meantime will honor a valid visa in an expired passport as long as she's also traveling on her new passport. If this is the case with Russia, she could certainly wait until after the interview to get her new passport. She just needs to make absolutely sure they will return the old passport intact.

EDIT: Here's the relevant FAQ from the Moscow embassy:

Q: My passport has expired, but I have a valid non-immigrant visa in it. How can I get a new visa into my new passport?

A: This is not necessary. The United States Department of State and the Department of Homeland Security consider that the U.S. nonimmigrant visa that has not expired or been cancelled is valid, even if the passport in which it was placed is either expired or cancelled.

Any traveler having a valid visa in an expired passport and having a new valid passport, is welcome to enter the United States carrying both passports. Such travelers will be admitted, barring any other ineligibility, at any time prior to the date of the visa’s expiration. It is not necessary to obtain another visa in the new passport.

[mox 298]

Thanks Kirk,

I already knew about the valid visa in an expired passport. She is more wondering how important the new bio passports are for the near future. She can update her old style before the scheduled interview with no problem. She is really leaning towards just getting the new format. Delaying her interview is no big deal as she would not come immediately anyway. She wants the kids to finish out the current school year.

Ah. Well if she's going to delay entry anyway then it might make sense to delay the interview. Something about handing over my K-1 visa stamped passport to the Russian bureaucracy in the hopes that it will be returned would make me very nervous. And I can't even imagine the process you'd have to go through to get the K-1 re-issued.

[KGSodie 0]

As long as the new interview date doesn't take forever to get, and isn't months and months in the future so as to interfere with her planned summer arrival, then I agree with Mox - no sense it risking anything unnecessarily. With everything leaning in the high-tech direction, that would seem like the right way to go. More 'future proof' in the event of further changes in policy down the road.

[Chris Parker 10]

She already has an international passport, but it expires in July. She and I are curious what you all think. Should she apply for the new bio passport, renew the old style one, or use the current one and apply for a new biometric passport Stateside?

Passport generally must be valid for six months beyond the intended date of entry into the United States to obtain a U.S. visa.

Passport generally must be valid for at least twelve month beyond the date of departure from Russia in order for Russian passport control to allow her to exit the country.

So, she has to get a new passport in any case if her current one is going to expire in July. However, your I-129F petition has very limited validity too. I'd apply for the new passport now (should have been done months ago) and go to the interview with the old passport. U.S. embassy may or may not issue the visa because of the expiring passport, but you'll have a better argument for getting the petition extended if they are the reason for the delay. When the new passport is ready, if you did get the visa, they should cross out the biographical page to cancel it and return it, and she can still use the K-1 visa in the cancelled passport. Visa is valid for 6 months once issued.

Edited January 30, 2008 by Chris Parker

[Don E 0]

As you probably already know, the validity of an approved K-1 petition can be extended indefinitely for 4 month blocks of time with Consular approval. You just have to write to them and explain the circumstances. Also, I would expect the Moscow Consulate to have no problem at all changing the date of the interview. I've had experience doing both with Moscow (I've exchanged many emails with them in the past). I even persuaded them to move up the date of the interview.

Just my opinion.....your mileage may vary.

[Kazan' Tiger 1]

I'd be afraid of turning in a passport with a valid visa too! I am behind her with regard to the kids. Arriving at a time of no school will allow them to have some time to adjust. We always knew with the 6 month from issue to last chance to exit, we'd time her departure with school.

Ah. Well if she's going to delay entry anyway then it might make sense to delay the interview. Something about handing over my K-1 visa stamped passport to the Russian bureaucracy in the hopes that it will be returned would make me very nervous. And I can't even imagine the process you'd have to go through to get the K-1 re-issued.

I am hoping they would not penalize her too bad. If they don't agree, she can go in March. We are hoping they will agree to May since she'd like to leave in June or July.

As long as the new interview date doesn't take forever to get, and isn't months and months in the future so as to interfere with her planned summer arrival, then I agree with Mox - no sense it risking anything unnecessarily. With everything leaning in the high-tech direction, that would seem like the right way to go. More 'future proof' in the event of further changes in policy down the road.

Excellent information. I did not know about the 12 months validity to exit. As far why she waited until now. Well, ask her. I couldn't do it for her. She had some worries about them not issuing it because she has a credit card with a balance. She has been told it's an issue per my previous thread. Passport & Credit Post She can get a standard old style passport quickly. But the bio passports are taking almost 2 months.

Passport generally must be valid for at least twelve month beyond the date of departure from Russia in order for Russian passport control to allow her to exit the country.

So, she has to get a new passport in any case if her current one is going to expire in July. However, your I-129F petition has very limited validity too. I'd apply for the new passport now (should have been done months ago) and go to the interview with the old passport. U.S. embassy may or may not issue the visa because of the expiring passport, but you'll have a better argument for getting the petition extended if they are the reason for the delay. When the new passport is ready, if you did get the visa, they should cross out the biographical page to cancel it and return it, and she can still use the K-1 visa in the cancelled passport. Visa is valid for 6 months once issued.

Thanks to all!

[Kazan' Tiger 1]

Thanks Don! I've always found them very polite and helpful thus as well. I'd feel more comfortable if she secured a fresh bio passport.

As you probably already know, the validity of an approved K-1 petition can be extended indefinitely for 4 month blocks of time with Consular approval. You just have to write to them and explain the circumstances. Also, I would expect the Moscow Consulate to have no problem at all changing the date of the interview. I've had experience doing both with Moscow (I've exchanged many emails with them in the past). I even persuaded them to move up the date of the interview.

Just my opinion.....your mileage may vary.

[mox 298]

As far why she waited until now. Well, ask her. I couldn't do it for her.

Ah, once again (I am surmising) we touch on the Russian female (or perhaps male and female) disposition. It seems to be the small things they worry and fret over. The big things...well, she'll get around to it, "не беспокойтесь." Nadya's driven me crazy with this a couple times.

[Kazan' Tiger 1]

As far why she waited until now. Well, ask her. I couldn't do it for her.

Ah, once again (I am surmising) we touch on the Russian female (or perhaps male and female) disposition. It seems to be the small things they worry and fret over. The big things...well, she'll get around to it, "не беспокойтесь." Nadya's driven me crazy with this a couple times.

[Chris Parker 10]

She had some worries about them not issuing it because she has a credit card with a balance. She has been told it's an issue per my previous thread. Passport & Credit Post She can get a standard old style passport quickly. But the bio passports are taking almost 2 months.

I'm not sure what you mean about standard or bio passport, do you mean e-passport? I thought they had to issue zagranpassports only as e-passports now.

If credit card debt is a reason to not issue a new zagranpassport, it could likewise be another reason (besides less the 12 months remaining validity) to deny her to exit Russia at Russian passport control in the airport with the expiring passport.

In any case, she should settle the debt before she leaves that country anyway, don't you think?

FWIW - we did leave Russia with financing in progress place for appliances without incident.

Edited January 30, 2008 by Chris Parker

[Kazan' Tiger 1]

Unfortunately, that is not possible!

In any case, she should settle the debt before she leaves that country anyway, don't you think?

[Kazan' Tiger 1]

UPDATE!

Moscow has agreed to reschedule her interview. It's 21 May now. So, with all the extra time, she will make the new bio passport. Alla is very happy and commented, "Now I can sleep peaceful!" Since she is not planning departure until June or early July, the delay does nothing to our harm our future plans Stateside!

Thanks for all your input comrades!

[mox 298]

UPDATE!

Moscow has agreed to reschedule her interview. It's 21 May now. So, with all the extra time, she will make the new bio passport. Alla is very happy and commented, "Now I can sleep peaceful!" Since she is not planning departure until June or early July, the delay does nothing to our harm our future plans Stateside!

Thanks for all your input comrades!

Excellent!