Replacement Visa

[Eve & Jim 4]

Due to a number ot things well outside out control, my fiance's K1 and her daughter's K2 visa expired before they could travel to the U.S. The visa was issued on 07 Feb 2012 and expired 23 Feb 2012. She didn't receive the visas until 10 Feb 2012 and they had to complete CFO seminars and such. They tried to travel on 26 Feb 2012 and that is when they discovered the problem. The K2 visa didn't expire until 9 Mar 2012 and they thought the date would be the same on both visas.

We now understand the reason for the expiration was that Eve had to undergo a sputum culture during her medical and even though the results were negative, CDC guidlines only grant a 3 month travel clearance because the CDC instructions force anyone that has to go through a sputum test to be classified as Medical PTB B1. Here is a link to the guidlines for those who are interested: http://www.cdc.gov/immigrantrefugeehealth/pdf/tuberculosis-ti-2009.pdf the important stuff is on page 11 and 12. The requirement to obtain a Japanese Police Clearance and a lost CERNOMAR used most of the 90 day medical clearance.

The reason that her daughters visa had a different date is because she wasn't required to take a sputum test so her medical was valid for 6 months from it's origional date.

I have already written the letter to the U.S. Embassy to ask for a replacement visa, and I understand that there will be fees involved.

Has anyone else who has gone through this process give me some idea of what to expect?

Will she have to go through the entire sputum culture thing for 2 months?

How will the previous x-ray & medical exams factor into the situation?

Will she have to go through the interview process again?

Are Replacement Visa requests typically approved?

Does the Embassy keep the old file or do we need to provide all new documents in addition to any that may have expired?

If the replacement request is denied and we have to start over, are we better off just getting married and going the CR1 route?

Given the various factors, what kind of timeline is involved if the request is approved?

I have searched all over for any information that I can find, and either I'm not looking in the right place or there doesn't seem to be much information out there on this issue.

Thank you all for being there to support people going through this difficult process.

[Hank_ 9,173]

I have not tripped across this one in all my reading. Sorry to hear on this for sure - sucks.

I hope they can handle this without issue, but being CDC is involved the question of another medical exam popped into my head along with all the other issues you are struggling with right now.

You may be the fattened calf on this one ~

All the best!

[Deputy Purple 1,294]

I've seen several posts about needing the Visa validity extended but it's usually BEFORE it has already expired.

I believe there was a case where the Visa expired before it could be used but the beneficiary didn't notice until later and the Embassy reissued the Visa but it wasn't the Manila Embassy.

At the least she'll have to update her medical before they can do anything.

[baron555 934]

K-1 adn K-2 visas have a validity time period of six months in which to use them to leave and enter the US. The OPs timelines don't add up.

[Eve & Jim 4]

K-1 adn K-2 visas have a validity time period of six months in which to use them to leave and enter the US. The OPs timelines don't add up.

The K-1 and K-2 visas are limited by the medical clearance. If you read the referenced .PDF from the CDC you will understand the timelines. This is all part of the 2007/2009 Tuberculosis Screening and Treatment Technical Instructions for Panel Physicians. I was surprised that the dates are like that too, until I read that document.

--Jim

[LIFE'SJOURNEY 970]

Jim, this is what I told you was the problem when you first reported it. Not only will you need to re-do the medical you should look at all of the required documents for the validity of their expiration date x 2(mother and child). You will need to re-pay a visa fee x2 too, if you'll let the daughters visa expire while trying to get a new visa for the mother.

[Eve & Jim 4]

Jim, this is what I told you was the problem when you first reported it. Not only will you need to re-do the medical you should look at all of the required documents for the validity of their expiration date x 2(mother and child). You will need to re-pay a visa fee x2 too, if you'll let the daughters visa expire while trying to get a new visa for the mother.

I don't have any choice about the child's validity expiring, there isn't any way to get any of this done by 9 Mar 2012 which is when it will expire. It's up to the Embassy if they will even let us redo any of this or make us start over with a new petition. Eve went all the way to the Embassy yesterday and the day before, surrendered their passports, and it's just papers that get thrown on a stack of others that the Embassy never answers. Everyone acts like we did something wrong, but it was the embassy who lost paperwork, it was St. Lukes who waited over a week to tell us that the sputum test was negative. We are at the end of our rope and really don't know where to turn anymore.

[Hank_ 9,173]

Have you been able to get through to the embassy and talk to anymore, USC might do better at getting answers.

[LIFE'SJOURNEY 970]

Jim, you stated that the passports were left at the embassy, left based on what statement? That they were going to try to accomodate you'll and re-issue new visas?

[Eve & Jim 4]

Have you been able to get through to the embassy and talk to anymore, USC might do better at getting answers.

No, I call, but the phone just rings for hours after the operator routes me down one of their black hole phone lines. I've tried the call center and they say they will send emails and I will have a response in a day or two, but never get a response even after a month. I've tried sending the embassy email and it never gets answered.

--Jim

[Eve & Jim 4]

Jim, you stated that the passports were left at the embassy, left based on what statement? That they were going to try to accomodate you'll and re-issue new visas?

She went there on Tuesday to try to get the problems resolved. They held the passports and told her that she needed to get a letter from me asking them to replace the visas. She made them give her a reciept. I wrote the letter explaining why it wasn't possible to use the visa within the 13 days that they gave us due to needing CFO stamps, getting school transcripts for her daughter and booking plane tickets. She took them the letter yesterday and they said to just wait for a response from them and they wouldn't give a timeframe or anything. They should have never issued the visas with such a short expiration date. If she needed to do a recheck of the medical they should have told us before they issued the visas so that they would be useable.

The CFO thing was kind of screwed up because they tell you that you can go to St. Mary's for it, and she did, but they never mention anywhere that they have to go to the CFO in Manila for her daughter, so that wasted time. She didn't receive the visa's until the late afternoon of the 10th, so that day was lost. When I went to book the plane tickets, everything was booked except 1st class until the 26th and I didn't know the visa expired on the 23rd.

She thinks they kept her passport just so that they could Void her visas.

[LIFE'SJOURNEY 970]

Jim, ok it looks as if they are going re-issue the visas. Try staying calm, it looks as if there is plently of blame on both sides. if you don't hear back from them in 7 working days them have your finance to go back to the embassy if she is able.

Edited February 29, 2012 by LIFE'SJOURNEY

[Eve & Jim 4]

Jim, ok it looks as if they are going re-issue the visas. Try staying calm, it looks as if there is plently of blame on both sides.

Calm really isn't in my vocabulary right now. I have $2,200 in non-refundable airline tickets. All of her stuff is packed in boxes carefully weighed so that they don't get overweight charges. She had to pay for transportation to and from the airport. She said goodbye to all of her friends. She took her daughter out of school. I had a bunch of people on this end ready to meet her at the airport. Some of her stuff was sent here via Fedex. I had appointments set up with people at the school. All of my friends had helped me get the house ready for them to come here. I sent her money for the extra luggage fees. Her brother was set to move into her place and rent his.

Can you get an idea of the picture from all that? It just isn't a calm situation......

[LIFE'SJOURNEY 970]

Calm really isn't in my vocabulary right now. I have $2,200 in non-refundable airline tickets. All of her stuff is packed in boxes carefully weighed so that they don't get overweight charges. She had to pay for transportation to and from the airport. She said goodbye to all of her friends. She took her daughter out of school. I had a bunch of people on this end ready to meet her at the airport. Some of her stuff was sent here via Fedex. I had appointments set up with people at the school. All of my friends had helped me get the house ready for them to come here. I sent her money for the extra luggage fees. Her brother was set to move into her place and rent his.

Can you get an idea of the picture from all that? It just isn't a calm situation......

Jim, why aren't the 1st class tickets non-fundable? Now everything else is just a timming issue, and there is nothing you can do about it now. Plus with you being this non-calm is making your SO feels as if she has done something wrong, or she didn't do enough.

Sure by now you have learned you can't control the embassy, so wait out the 7 days. It generally take 7 days to re-print a visa. Is there any other document you can think of that might be close to expiring, the PCC from Japan? Generally PCC's are good for 6 months.

[Hank_ 9,173]

Calm really isn't in my vocabulary right now. I have $2,200 in non-refundable airline tickets. All of her stuff is packed in boxes carefully weighed so that they don't get overweight charges. She had to pay for transportation to and from the airport. She said goodbye to all of her friends. She took her daughter out of school. I had a bunch of people on this end ready to meet her at the airport. Some of her stuff was sent here via Fedex. I had appointments set up with people at the school. All of my friends had helped me get the house ready for them to come here. I sent her money for the extra luggage fees. Her brother was set to move into her place and rent his.

Can you get an idea of the picture from all that? It just isn't a calm situation......

Nope its not a "calm" type situation, but you are going to have to go there anyway, you have to be the rock.

You have to accept that all those things could be dust in the wind and be prepared to do what it takes to get things done, you have to grab that extra deep breath and be there for your Fiancee.... those little gals may appear to be tough as nails but they are also as fragile as spun glass when it comes to emotions.

All of this sucks big time! It appears the embassy is trying, just give them the 7 days as suggested.

Even if you can't be calm, fake it for your Fiancee...