K1 Denied at POE, However Visa Expires 02/04/2016

[S_R 148]

They make legal immigration hellish and then wonder why some folks simply don't even bother going through the process. Ridiculous and unacceptable behavior from a public servant.

[heatheve 40]

Hello everyone!

Thank you for all your kind words, support, and advice. I'm here with an update of what I've done so far.

I emailed Montreal-IV-DV@state.gov last night about the issue and provided a copy of my passport photo page and K1 visa. They responded at 9:30AM this morning saying I could mail back my envelope for re-sealing or return to Montreal in person. I informed them I would come in person tomorrow morning to get it re-sealed because I have my wedding to attend to on Friday.

Soon after I booked a bus ticket to Montreal and after 7.5 hours on the road, I've finally arrived! I was able to rearrange the flight I missed with American Airlines last night to one leaving out of Montreal tomorrow evening instead so I not only avoid the trip back to Toronto, but potentially another round of the petition/NOA2 expiry vs. visa expiry dates fiasco. Thank you to those to urged me to POE somewhere else, I hope to have better luck out of Montreal.

I'll be at the consulate for 8AM tomorrow. I hope things will work out this time and that no one else here has to suffer what I did.

[PhilLuv 43]

They make legal immigration hellish and then wonder why some folks simply don't even bother going through the process. Ridiculous and unacceptable behavior from a public servant.

Well said S_R. I can't agree more.

[NinjaMax 14]

Hello everyone!

Thank you for all your kind words, support, and advice. I'm here with an update of what I've done so far.

I emailed Montreal-IV-DV@state.gov last night about the issue and provided a copy of my passport photo page and K1 visa. They responded at 9:30AM this morning saying I could mail back my envelope for re-sealing or return to Montreal in person. I informed them I would come in person tomorrow morning to get it re-sealed because I have my wedding to attend to on Friday.

Soon after I booked a bus ticket to Montreal and after 7.5 hours on the road, I've finally arrived! I was able to rearrange the flight I missed with American Airlines last night to one leaving out of Montreal tomorrow evening instead so I not only avoid the trip back to Toronto, but potentially another round of the petition/NOA2 expiry vs. visa expiry dates fiasco. Thank you to those to urged me to POE somewhere else, I hope to have better luck out of Montreal.

I'll be at the consulate for 8AM tomorrow. I hope things will work out this time and that no one else here has to suffer what I did.

thats good news. let us know how it goes

[heo luoi 206]

Well I think its 'chicken or the egg' here. Fraudsters don't help....which came first is a philosophical answer for yourself. My perspective likely lazy ignorant people slacked on the system, it got harder, than it evolves to fraud and everything continues to escalate from there in a ugly cycle. What happens here seems very unfortunate. The fact that even the supervisor upheld it is disconcerting at the least.

Edited September 24, 2015 by coldhands

[TBoneTX 43,155]

Hello everyone!

Thank you for all your kind words, support, and advice. I'm here with an update of what I've done so far.

I emailed Montreal-IV-DV@state.gov last night about the issue and provided a copy of my passport photo page and K1 visa. They responded at 9:30AM this morning saying I could mail back my envelope for re-sealing or return to Montreal in person. I informed them I would come in person tomorrow morning to get it re-sealed because I have my wedding to attend to on Friday.

Soon after I booked a bus ticket to Montreal and after 7.5 hours on the road, I've finally arrived! I was able to rearrange the flight I missed with American Airlines last night to one leaving out of Montreal tomorrow evening instead so I not only avoid the trip back to Toronto, but potentially another round of the petition/NOA2 expiry vs. visa expiry dates fiasco. Thank you to those to urged me to POE somewhere else, I hope to have better luck out of Montreal.

I'll be at the consulate for 8AM tomorrow. I hope things will work out this time and that no one else here has to suffer what I did.

You've handled this very proactively and deserve sincere commendations. Let us know the outcome, and let us know what will be done in regard to that CBP agent.

[Mad & J 25]

Hello everyone!

Thank you for all your kind words, support, and advice. I'm here with an update of what I've done so far.

I emailed Montreal-IV-DV@state.gov last night about the issue and provided a copy of my passport photo page and K1 visa. They responded at 9:30AM this morning saying I could mail back my envelope for re-sealing or return to Montreal in person. I informed them I would come in person tomorrow morning to get it re-sealed because I have my wedding to attend to on Friday.

Soon after I booked a bus ticket to Montreal and after 7.5 hours on the road, I've finally arrived! I was able to rearrange the flight I missed with American Airlines last night to one leaving out of Montreal tomorrow evening instead so I not only avoid the trip back to Toronto, but potentially another round of the petition/NOA2 expiry vs. visa expiry dates fiasco. Thank you to those to urged me to POE somewhere else, I hope to have better luck out of Montreal.

I'll be at the consulate for 8AM tomorrow. I hope things will work out this time and that no one else here has to suffer what I did.

What an infuriating story! I wish you the best of luck and hope you can get on that plane tonight!

Please update us when you get the chance, and congrats on your upcoming wedding.

[khrfx4 16]

There is absolutely no question in my mind that every single stupid immigration person involved with this decision at Pearson Airport is brain-dead. Expiration of the petition has no bearing whatsoever on allowing you to enter the US on a K1 visa. As other people have said it is certainly up to them and I don't think anyone on this forum would disagree with that statement, but that does not mean they were right; in fact they were 100% wrong.

Think about it. Most K1 visa holders will arrive at their POE with their petition already expired and that is simply because this whole process takes so long. The petition expiration is 4 months from its receipt at the NVC and that expiration has nothing at all to do with entering the US. It is a kind of clock that they look at as to when you have your interview at the embassy. They target getting the interviews done before this date and that is all it is used for if anything. These guys were new or they have never been stationed in a place that handles K1 visas on a daily basis.

Once you go back to the Embassy and explain what happened and they straighten it out and you finally get into the US then I'd have your US fiance file a congressional complaint. Government departments hate congressional complaints. It is the ONLY thing that gives them even a tiny pause in thinking about what they did. And don't forget to mention their disgusting attitudes with their laughing and joking. Incredibly unprofessional. You should have gotten all their names.

You next point of entry should be a larger airport or at least one that does not have inexperienced immigration officials stationed there.

[heatheve 40]

I agree wholeheartedly with your replies. This has been a horrible, stressful experience but I hope it will all come to an end soon.

As a short update, I went to the Montreal consulate this morning and met with someone directly to handle my case. After going back and forth from the waiting area to the booth, he asked me to return at noon and "hopefully everything will be sorted out." I sure hope so. I asked about the "letter" or documentation the CBP agent from YYZ said I should bring and the man at the booth said "that's what we're trying to fix right now."

[khrfx4 16]

I agree wholeheartedly with your replies. This has been a horrible, stressful experience but I hope it will all come to an end soon.

As a short update, I went to the Montreal consulate this morning and met with someone directly to handle my case. After going back and forth from the waiting area to the booth, he asked me to return at noon and "hopefully everything will be sorted out." I sure hope so. I asked about the "letter" or documentation the CBP agent from YYZ said I should bring and the man at the booth said "that's what we're trying to fix right now."

First of all, congratulations that they offered to help you in person and here's hoping it all comes together for you so your wedding comes off as planned.

But here are some questions I would have asked if I were in your shoes. I would have asked them if the petition expiration date should have been extended by them and notated as such on the visa? I would also have asked them if they had, not a "right" as we all know they do, but did they have "good cause" to refuse you...we know the answer is "no". It would be interesting to know what the letter they give you says.

Did they find this whole mess a stupid fiasco also? Did they shake their head? What, if any, comments did they make about these idiot immigration officers. Did they mention they would contact their department head and speak to them?

Just curious.

[heatheve 40]

First of all, congratulations that they offered to help you in person and here's hoping it all comes together for you so your wedding comes off as planned.

But here are some questions I would have asked if I were in your shoes. I would have asked them if the petition expiration date should have been extended by them and notated as such on the visa? I would also have asked them if they had, not a "right" as we all know they do, but did they have "good cause" to refuse you...we know the answer is "no". It would be interesting to know what the letter they give you says.

Did they find this whole mess a stupid fiasco also? Did they shake their head? What, if any, comments did they make about these idiot immigration officers. Did they mention they would contact their department head and speak to them?

Just curious.

My interaction with the man at the booth was very brief. I gave him a copy of my email thread with the consulate, passport and unsealed envelope and then was asked to sit down. He asked me to come to the booth again to let him know what my travel plans were today, and I said I have a flight at 7PM out of YUL. He asked me to take a seat, then asked me to come back to the booth and issued me a little orange card to show the guard when I return at noon that I've received permission to.

Once I return I plan to ask those questions. I would really like to know what they think.

[khrfx4 16]

My interaction with the man at the booth was very brief. I gave him a copy of my email thread with the consulate, passport and unsealed envelope and then was asked to sit down. He asked me to come to the booth again to let him know what my travel plans were today, and I said I have a flight at 7PM out of YUL. He asked me to take a seat, then asked me to come back to the booth and issued me a little orange card to show the guard when I return at noon that I've received permission to.

Once I return I plan to ask those questions. I would really like to know what they think.

Not surprised. These people are like robots. I wouldn't be surprised if when you arrive you are just directed to someone who hands you your documents and this person probably would not comment or even know the particulars of your situation. At this point it may not be worth it. I'd just get your paperwork, make sure EVERYTHING is in order and then head to the airport.

However, once you get to the US and settled after your marriage then I would certainly report it as a congressional complaint or you could start gently and just call immigration, wherever their head office is...nah, I'd just go for a congressional complaint.

[M&A2 5]

Congratulation

You have pass this situation really with a strong mind.

I don't know what I would have done in your case. Thinking in my situation, I would be there with my son, 15 y, and flying from europe to us. It would be so hard to pas . Hope his will not happen to my case.

When I read your case last night I felt tears in my eyes.

God helps you

Best wishing

[mrsashko 16]

I'm not denying that the announced reason was "expired petition", what I'm saying is that CBP officer has every right to refuse entry. And he/she can come up with whatever reason he/she wants to as an explanation...

In my personal experience, my cousin was denied a visa about 10 years ago. The Consulate officer needed to give a reason for refusal for a visitor's visa so he said "kid needs to go to school, he can't miss school" (School in summer? No connection, but consulate office thought that he is not fit for entry to US, so they refused).

The same here, CBP may have saw something he didn't like - so he gave the reason as expired petition. (nice of him - no; but that is his right unfortunately)

[vosvis 2]

The CPB officers on the Canadian border are really tough. I was there once just visiting the states on a tourist visa and they gave me a very hard time over nothing. I'll avoid ever going there again (let alone when going with a K1/visa).