Time-sensitive -- help??!!

[missing_ron 3]

It took my husband 20 months to get a K-1 visa. Long story for another day. He entered the US and fileld ouot a visa waiver form because he didn't know what he was doing. The officer at border control removed the K-1 visa from his passport, and placed a visa waiver I-94 in it instead. We just discovered this TODAY, 88 DAYS later. We were going to file for AOS today, but now we can't, because even though we got legally married, he did not ehnter on a K-1 and now we don't evemn have the physical K-1 (for him to leave the country and re-enter.) I have called my seantor's office but they aren't sure if they can help. Anyone have any ideas? We can't get through to anyone at the Germany consulate by phone, and are out of time.

[amykathleen2005 441]

How did he manage to get the K-1 out of the passport? They seem to be stuck in there pretty good.

Edited August 9, 2010 by amykathleen2005

[missing_ron 3]

That's the point -- my husband didn't even notice it was gone until we opened the passprt today. There is no way it could have fallen out, which means that the officer must have removed it. There are four small hoels in the passport page that looks like staple holes. I do not know how the visa was originally affixed to the page because I never saw it, and my husband doesn't remember.

[Miss smarty pants 84]

That's the point -- my husband didn't even notice it was gone until we opened the passprt today. There is no way it could have fallen out, which means that the officer must have removed it. There are four small hoels in the passport page that looks like staple holes. I do not know how the visa was originally affixed to the page because I never saw it, and my husband doesn't remember.

If a k-1 was approved and he entered legally....you can AOS. In fact, I believe you can AOS from almost any type of visa as long as he entered legally. Try to make an infopass appointment. Maybe that will help you get more information.

[Inky 1,110]

If he entered without using the K-1 then what did he do with his papers? He would have had a folder with all his papers in them to enter with to use the K-1 visa.

[JimVaPhuong 4,863]

The visa is a sticker which is permanently attached to a page in the passport. I have never heard of a CBP officer physically removing a visa from a passport - ever. They can stamp the passport. They can stamp the visa and make it invalid. I'm not aware of any authority that CBP has that would allow them to physically remove a visa from a passport, nor remove the page the visa is attached to. That passport is the property of a foreign government. They have no authority to alter it in that fashion. Are there pages missing from the passport?

Also, how do you enter the US on the VWP "by accident"? Did he fill out an I-94W? The CBP officer should have seen the error and given him an I-94 to fill out.

Where are the documents he was supposed to surrender when he entered - the brown envelope that says "Do Not Open"?

[amykathleen2005 441]

K-1 Visa Picture

This may be a stupid request put check the passport one more time. It does look deceptively like the bio page. There is an example in the link above.