Wife's mom coming over from Russia on a K-1 visa

[Usui Takumi 1,562]

This is why going digital would be a very good thing! Hoping to hear good news from you vad.

[vad479 0]

no updates yet, we're still driving...

[Gary and Alla 3,696]

My god, that is definitely NOT news I was hoping for.

We are driving there right now, and nobody is picking up the phone at JFK. We do have a copy of petition and other documents. But like you said, people get turned around for lesser reasons than this!

Go to the CBP office at JFK. They usually want 24 hours notice of anyone to be allowed into the secure area that does not have a ticket. You will need to do some begging and pleading and they may not let you go in. BUT you can give them a copy of the I-129f petiton and G-325 which is all they should really need. Of course her medical exam would have to be repeated and vaccinations given, I suppose you have accepted that.

There is really nothing in that envelope CBP needs to admit her to the country...her visa does that. Those documents are needed for the AOS later.

I doubt you will have any problem other than some questions and a few calls to supervisors at the POE. You will have to sort it out before the AOS.

[Chica Yeyé 41]

I hope you're right Gary.

[Gary and Alla 3,696]

Well, OP, you can be working to notify the airport of her possibly lost Visa Envelope Packet. Your wife hopefully told the airplane staff to be on lookout for it in the aircraft.

The reality is, she will be turned back without her 'DO NOT OPEN' envelope.

You realize that people are turned back by merely opening the 'DO NOT OPEN' envelope. It is considered compromised and invalid if opened by someone other than CBP DHS staff at POE.

I hope you can do a hat trick and get her into your arms this time, but keep it real. Good luck.

I don't agree. Opening the "do not open" envelop is not the same thing. It compromises documents to be sent fore her AOS. Not having it doesn't compromise anything...it is GONE. There is nothing in that envelope to permit her to enter the country, the visa does that. The information in the envelope is needed for the AOS and that could get a bit complicated but she is here and it can be worked out.

My guess is they are going to admot her, after some requisit gnashing of teeth and then they will some work to do sorting out the mess before filing the AOS.

I give a money back guarantee if I am wrong.

[vad479 0]

thanks Gary. now, what's cbp stand for? immigration office?

[Kathryn41 3,207]

There have been a few instances on VJ where someone arrived and the border inspector did not take the envelope - although the ones I remember hearing about have been at land POEs. When USCIS was contacted later about what to do with the envelope, the individuals had to return to the border and turn it in. So, I too am hoping they will allow her to enter and then work on trying to recreate the file so that she will be allowed to complete the AOS. How horrible it must be for her right now to feel so close and have something like this happen. I hope they find the envelope! (Is there any possibility she packed it?)

[Usui Takumi 1,562]

Customs and Border Protection. And Gary - are you saying that the K1 holder is basically a free courier for the gov?

Edited October 12, 2009 by Sousuke

[Gary and Alla 3,696]

I hope you're right Gary.

Me too.

I did call my acquaintance at USCIS, this one has been bothering me all day also. I hesitated to say anything as it is also the first I have ever heard of this. Even this guy at USCIS has never heard of it BUT they have had many cases of envelopes "lost" and he really cannot say where they got lost. Of course CBP does not report such things to USCIS, why would they? CBP is not his business and he does not control what they do. But it was he that said there is nothing in there they really need to admit her. Not everyone with a visa has the secret popcorn envelope. That envelope is delivered with dual intent visas so that the papers needed for AOS are already here. The documents are useless, for example, if the fiancee decides to reneg on the deal and leaves the country before 90 days. If she goes through with it, everything is ready.

Seems to make sense when you think of it that way.

Anyway, it is hopeful information if not an assurance.

[Gary and Alla 3,696]

Customs and Border Protection. And Gary - are you saying that the K1 holder is basically a free courier for the gov?

Yes absolutely they are, except when you consider it, it is THEIR papers so they are doing themselves a favor. It is simply an expediency. The pares could be sent ahead, of course, but what if the fiancee never arrives? So let the fiancee bring them with her. They papers then get sent ahead to USCIS and await her I-485 filing

She passed the medicxal exam, she met all the other needs for visa issuance (or she wouldn't have the visa to begin with) the next use for those papers is the AOS, not admittance to the US

[Gary and Alla 3,696]

thanks Gary. now, what's cbp stand for? immigration office?

Customs and Border Protection. Those are the guys she will deal with at JFK. They are NOT "immigration", USCIS is "immigration". They are basically border patrol officers who check documents and passports. The rules are made by the Department of Homeland Security (DHS) who is the "parent corporation" of both. They follow DHS rules. Dammit, I have no neighbors of friends working for DHS directly. LOL USCIS only says there is nothing in there THEY need to admit her. There IS stuff in there they need for the AOS.

[Gary and Alla 3,696]

There have been a few instances on VJ where someone arrived and the border inspector did not take the envelope - although the ones I remember hearing about have been at land POEs. When USCIS was contacted later about what to do with the envelope, the individuals had to return to the border and turn it in. So, I too am hoping they will allow her to enter and then work on trying to recreate the file so that she will be allowed to complete the AOS. How horrible it must be for her right now to feel so close and have something like this happen. I hope they find the envelope! (Is there any possibility she packed it?)

Very good suggestion, it could be going 'round the luggage carousel as they argue the relative merits of its contents.

[Gary and Alla 3,696]

thanks Gary. now, what's cbp stand for? immigration office?

and somehow or another you are keeping upo with this topic, probably one of those new fangled blackberry thingys. You better let us know what happens because people all over the US and Canada are waiting to hear.

Oh and thanks for contributing your experience! You will be the VJ resident expert on lost envelopes. Remember, experience prevents mistakes...mistakes provide experience.

Good luck

[Chica Yeyé 41]

[Gary and Alla 3,696]

Unfortunately I am all too familair with JFK airport. The planes from Ukraine/Russia/East Europe usually arrive in the 4-6pm time which is very busy and it can take two hours for her to get from the plane to the CBP guy. I think we are in limbo until 7pm EDST at least. When we last came in July, our plane got in at 4:35 pm and it was 6:59 when the first of us got to a passport control booth and 7:30 before we walked out the exit door with our bags and we had NO delays except waiting in line!