POE Interview - shortened K-1 visa length

[LukeLyn 0]

2 or so weeks after my husband's entry on K-1 visa we went to apply for a social security number for non-work related puposes. While there the clerk pointed out that at the port of entry the officer had written the visa was good for 30 days instead of 90 days! The clerk let us know my fiance was only valid for 2 more weeks! We were very surprised, as the K-1 is supposed to be good for 90 days. After calling the USCIS and the Department of State (DOS) we were told many things. Most of all that there was nothing anyone could do to change the visa length, and to file our AOS paperwork ASAP. They had asked Luke when we planned to marry and he said, "about a month," and that is what the POE official put as the visa length.

We also found that the officers at the POE may ask when we plan to marry so that they can adjust the visa dates according to whatever they think should be "long enough." We called the POE my husband came through and they said there was nothing they could do, but to try the USCIS office here. Instead we called the POE in our area and they told us we could come down and they would look at the documents. By God's grace everything was worked out! HalleluJah!

If we hadn't gone kind of early to apply for SS number we wouldn't have known what the circled date on the visa meant...We are preparing for AOS but we weren't ready to rush the papers out.

So, check your dates, and be careful what you tell the officers at the POE. The officers here said they were amazed that the K-1 was only given 30 days, they had never seen that before--but it IS in the power of the POE officer at the Port to mark the date of length for all visa types.

God bless all!

[Otto 83]

2 or so weeks after my husband's entry on K-1 visa we went to apply for a social security number for non-work related puposes. While there the clerk pointed out that at the port of entry the officer had written the visa was good for 30 days instead of 90 days! The clerk let us know my fiance was only valid for 2 more weeks! We were very surprised, as the K-1 is supposed to be good for 90 days. After calling the USCIS and the Department of State (DOS) we were told many things. Most of all that there was nothing anyone could do to change the visa length, and to file our AOS paperwork ASAP. They had asked Luke when we planned to marry and he said, "about a month," and that is what the POE official put as the visa length.

While I think everyone knows what you mean when you say the "K-1 Visa", what you mean to say is the I-94 will expire, because that is your proof of legal presence in the US (the K-1 visa is no longer valid once you enter the US). It's important to get the terminology right.

We also found that the officers at the POE may ask when we plan to marry so that they can adjust the visa dates according to whatever they think should be "long enough." We called the POE my husband came through and they said there was nothing they could do, but to try the USCIS office here. Instead we called the POE in our area and they told us we could come down and they would look at the documents. By God's grace everything was worked out! HalleluJah!

I don't know if this is possible for you guys - but if you're close to the POE you entered at - you could return there and ask to have the I-94 'corrected' since it really isn't supposed to be up to the CBP officer do 'decide' how long your I-94 should be valid for - you are supposed to have 90-days on that piece of paper.

The SSA office won't issue a social security card without at least 14 days left on the I-94 - but you would have a lot more than that if your I-94 was correct.

In the mean time - have you gotten married?

Moving Thread to "Adjustment of Status (Green Card) from Family Based Visas" which may be more appropriate for your post.

Edited November 17, 2009 by Otto und Karin

[newlyweds 0]

2 or so weeks after my husband's entry on K-1 visa we went to apply for a social security number for non-work related puposes. While there the clerk pointed out that at the port of entry the officer had written the visa was good for 30 days instead of 90 days! The clerk let us know my fiance was only valid for 2 more weeks! We were very surprised, as the K-1 is supposed to be good for 90 days. After calling the USCIS and the Department of State (DOS) we were told many things. Most of all that there was nothing anyone could do to change the visa length, and to file our AOS paperwork ASAP. They had asked Luke when we planned to marry and he said, "about a month," and that is what the POE official put as the visa length.

We also found that the officers at the POE may ask when we plan to marry so that they can adjust the visa dates according to whatever they think should be "long enough." We called the POE my husband came through and they said there was nothing they could do, but to try the USCIS office here. Instead we called the POE in our area and they told us we could come down and they would look at the documents. By God's grace everything was worked out! HalleluJah!

If we hadn't gone kind of early to apply for SS number we wouldn't have known what the circled date on the visa meant...We are preparing for AOS but we weren't ready to rush the papers out.

So, check your dates, and be careful what you tell the officers at the POE. The officers here said they were amazed that the K-1 was only given 30 days, they had never seen that before--but it IS in the power of the POE officer at the Port to mark the date of length for all visa types.

God bless all!

at my POE they asked when my planned wedding day was, i entered october 18, and i told them the wedding was on the 24th; my visa still said it was good for 90 days so yeah you'll just have to go see the POE about it..

[Darnell 8,479]

Congrats on getting the POE officers to change it - I can't imagine the nightmare it would cause, otherwise !

[Eric-Pris 1,607]

So, check your dates, and be careful what you tell the officers at the POE. The officers here said they were amazed that the K-1 was only given 30 days, they had never seen that before--but it IS in the power of the POE officer at the Port to mark the date of length for all visa types.

There are certain rules, and one of those rules is that K-1 visa is good for 90 days from entry.

I seriously doubt some paper pushing officer at POE has the power to change the rule.

[Eric-Pris 1,607]

Here's the rule directly from USCIS: http://www.uscis.gov/files/nativedocuments...grants_2006.pdf

Certain Family Members of U.S. Citizens and Lawful Permanent Residents: K, N, and V

K-1 and K-2

The K and V nonimmigrant categories were created to eliminate unnecessary family separations caused by delays for applications to be adjudicated and/or for visas to become available. A foreign national who is coming to the United States to marry an American citizen in the United States may obtain a K-1 "fiancé(e)" visa. The minor children of a K-1 nonimmigrant will derive K-2 status as long as the children are named in the K-1 petition. The marriage must take place within 90 days of the K-1 nonimmigrant entering the United States, and the K-1 nonimmigrant is expected to apply for adjustment to permanent resident status as the spouse of a U.S. citizen upon marriage.66 After arriving in the United States, the K-1 fiancé(e) may apply for work authorization (although USCIS might not be able to process the work permit within the 90-day time limit for the marriage to take place). However, when the fiancé(e) applies for adjustment to permanent resident status after the marriage, he or she must re-apply for a new work permit.