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Filed: K-1 Visa Country: Morocco
Timeline

I heard on line that if the petition i129 F expired before I enter the US and it will expired on June 7,2017 it can cause a deportation from the port of entry and I booked the flight on June 28th  . Note that my visa will expire on October 2017 

Anyone have passed by the same situation or have any idea ?

 

I appreciate it your help :) 

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Filed: Lift. Cond. (pnd) Country: Japan
Timeline

There are some rare instances where what you describe has happened, and it's always been due to ignorance on the part of CBP agents who don't understand the process. While the I-129F expires four months after issue (to give you enough time to get a medical exam, police certificates, schedule embassy interview, etc.), what matters for entry into the U.S. is when the K-1 VISA expires. You are entering the U.S. on the K-1 visa, not on the I-129F petition.

 

There are some threads from years ago on this forum about people who ran into CBP agents who didn't understand this and focused on the fact the I-129F was expired and did not allow entry (two were Canadian, I believe). In the unlikely event you encounter this problem, you should calmly and politely explain that your K-1 visa is still valid and that the I-129F petition was just a step toward securing your visa. If you encounter disagreement, you should (calmly and politely!) ask to speak to a supervisor.

 

My husband was in the exact same situation: his I-129F had expired before he entered the U.S. on a valid K-1 visa, and he didn't have any problems whatsoever. Most CBP agents understand it's the validity of the visa that matters, not the petition earlier in the process of obtaining the visa.

 

tl;dr – don't worry, you should be fine! :D

K-1 (I-129F)

Spoiler

02/19/2016 I-129F Sent
02/22/2016 I-129F Received at Lewisville, TX Lockbox
02/25/2016 NOA1 Received (Email)
05/04/2016 NOA2 Received (Email, 69 days)
05/09/2016 NOA2 Received (Hard Copy)
05/19/2016 NVC forwarded to USE-Tokyo (verbal confirmation); Case # received
05/24/2016 Case received at USE-Tokyo
05/30/2016 Packet 3 received from USE-Tokyo
06/06/2016 Requested Japan Police Certificate
06/14/2016 Medical Examination
06/16/2016 Fiance picked up Police Certificate and Medical Exam results
06/16/2016 Petitioner mailed completed I-134 and additional relationship evidence to Beneficiary
07/05/2016 K-1 Interview at USE-Tokyo -- APPROVED!
07/07/2016 K-1 visa received in passport
09/23/2016 Fiance arrived in U.S. (POE=Honolulu)
10/29/2016 Married!!!

 

AOS (I-485) / EAD / AP

Spoiler

11/19/2016 AOS documents (I-485/864, I-131, I-765) sent to USCIS-Chicago via UPS
12/07/2016 Text messages and emails received confirming receipt/acceptance of I-485, I-131, I-765
01/06/2017 Biometrics for AOS and EAD (USCIS-Honolulu office)
03/09/2017 EAD and AP approved! (Email/text notifications received)
03/15/2017 EAD/AP Combo Card received via U.S. Priority Mail
09/29/2017 Notification of AOS Interview received
11/07/2017 AOS Interview at USCIS-Honolulu Office -- APPROVED!
11/09/2017 Notification of Approval received
11/16/2017 Green Card received -- no notifications received regarding production or shipping!

 

ROC (I-751)

Spoiler

08/26/2019 ROC Petition and evidence sent to Phoenix Lockbox via UPS (delivered 08/28/2019)

08/30/2019 Filing and biometric fees charged to credit card

09/04/2019 Text message received with case number (assigned to California Service Center)

09/06/2019 I-797 Notice of Action (18-month extension document) received via U.S. Mail (dated 08/30/2019)

05/13/2020 Text message received: "Case Was Updated To Show Fingerprints Were Taken" (we did not have a biometrics appointment)

05/18/2020 I-797 Notice of Action (reusing previously captured fingerprints/biometrics) received via U.S. Mail (dated 05/13/2020)

11/04/2020 Two (2) emails received: "Case transferred to another USCIS office"

11/11/2020 Notice received via U.S. Mail of case transfer to National Benefits Center

12/07/2020 Email received: "Card/Document Production" – new card being produced!

 

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  • 2 months later...
Filed: K-1 Visa Country: Cambodia
Timeline

Hi can you give me a follow up on your entry into the US? Me, my fiancé and daughter will be flying out in a few weeks and her petition has expired months ago but she does have a valid k1. I'm just really worried cause all of these threads talking about their bad experiences. 

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Filed: Lift. Cond. (pnd) Country: Japan
Timeline
4 minutes ago, Roberttran said:

Hi can you give me a follow up on your entry into the US? Me, my fiancé and daughter will be flying out in a few weeks and her petition has expired months ago but she does have a valid k1. I'm just really worried cause all of these threads talking about their bad experiences. 

We ended up being fine. My fiance (now husband) arrived in Honolulu with a valid K-1, although his I-129F had expired the month before. It wasn't even an issue at POE. In fact he had a very pleasant entry experience, with the agent offering congratulations and best wishes for a happy marriage and life in the US. That said, it all depends on the agent. And remember, once the K-1 is issued the validity of the I-129F is irrelevant.

 

It is good that you are entering together so you can help explain anything if questions/problems arise (as long as you are not separated at entry...it's ok to explain you are a USC and you are accompanying your fiance, who is entering on a K-1). And remember, don't say any more than you need to! Good luck!

K-1 (I-129F)

Spoiler

02/19/2016 I-129F Sent
02/22/2016 I-129F Received at Lewisville, TX Lockbox
02/25/2016 NOA1 Received (Email)
05/04/2016 NOA2 Received (Email, 69 days)
05/09/2016 NOA2 Received (Hard Copy)
05/19/2016 NVC forwarded to USE-Tokyo (verbal confirmation); Case # received
05/24/2016 Case received at USE-Tokyo
05/30/2016 Packet 3 received from USE-Tokyo
06/06/2016 Requested Japan Police Certificate
06/14/2016 Medical Examination
06/16/2016 Fiance picked up Police Certificate and Medical Exam results
06/16/2016 Petitioner mailed completed I-134 and additional relationship evidence to Beneficiary
07/05/2016 K-1 Interview at USE-Tokyo -- APPROVED!
07/07/2016 K-1 visa received in passport
09/23/2016 Fiance arrived in U.S. (POE=Honolulu)
10/29/2016 Married!!!

 

AOS (I-485) / EAD / AP

Spoiler

11/19/2016 AOS documents (I-485/864, I-131, I-765) sent to USCIS-Chicago via UPS
12/07/2016 Text messages and emails received confirming receipt/acceptance of I-485, I-131, I-765
01/06/2017 Biometrics for AOS and EAD (USCIS-Honolulu office)
03/09/2017 EAD and AP approved! (Email/text notifications received)
03/15/2017 EAD/AP Combo Card received via U.S. Priority Mail
09/29/2017 Notification of AOS Interview received
11/07/2017 AOS Interview at USCIS-Honolulu Office -- APPROVED!
11/09/2017 Notification of Approval received
11/16/2017 Green Card received -- no notifications received regarding production or shipping!

 

ROC (I-751)

Spoiler

08/26/2019 ROC Petition and evidence sent to Phoenix Lockbox via UPS (delivered 08/28/2019)

08/30/2019 Filing and biometric fees charged to credit card

09/04/2019 Text message received with case number (assigned to California Service Center)

09/06/2019 I-797 Notice of Action (18-month extension document) received via U.S. Mail (dated 08/30/2019)

05/13/2020 Text message received: "Case Was Updated To Show Fingerprints Were Taken" (we did not have a biometrics appointment)

05/18/2020 I-797 Notice of Action (reusing previously captured fingerprints/biometrics) received via U.S. Mail (dated 05/13/2020)

11/04/2020 Two (2) emails received: "Case transferred to another USCIS office"

11/11/2020 Notice received via U.S. Mail of case transfer to National Benefits Center

12/07/2020 Email received: "Card/Document Production" – new card being produced!

 

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Filed: K-1 Visa Country: Morocco
Timeline
10 minutes ago, Roberttran said:

Hi can you give me a follow up on your entry into the US? Me, my fiancé and daughter will be flying out in a few weeks and her petition has expired months ago but she does have a valid k1. I'm just really worried cause all of these threads talking about their bad experiences. 

Hi don't worry my petition was already expired and they didn't ask about it at all what counts now is a the valid visa 

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