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POE entry after petition expires.

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So I just got done reading through this thread

https://www.visajourney.com/forums/topic/567308-k1-denied-at-poe-however-visa-expires-02042016/

 

and it concerns me still a bit though I know the conclusion was it was on over-reach of power and that its not the norm. However there are a few other threads from the years past about the same problem and I want to figure out a way to head this off at the pass.

 

Our NOA2 states it expires 2/4/19 but we want to spend Chinese New Year with her family, which is on Feb 5th. We'd leave a few days later. The petition is working it way through the NVC right now and should be sent to the consulate soon. So is it a reasonable thing to do to add a letter to the interview documents asking the consular official to extend the petition length out of an abundance of caution? We'd be flying into a POE (probably Chicago) from across the pacific so we wouldn't have the luxury of running back to the embassy without flying all the way back.

 

I was a little confused about the petition exp date vs the NOA2 exp date. Aren't they one in the same? Or is there another exp date once the NVC assigns a case No.? Some comments made reference to them separately. I know the visa is supposed to be valid 3 months from date of issue.

 

Thanks all.

 

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15 minutes ago, HKUSA said:

So I just got done reading through this thread

https://www.visajourney.com/forums/topic/567308-k1-denied-at-poe-however-visa-expires-02042016/

 

and it concerns me still a bit though I know the conclusion was it was on over-reach of power and that its not the norm. However there are a few other threads from the years past about the same problem and I want to figure out a way to head this off at the pass.

 

Our NOA2 states it expires 2/4/19 but we want to spend Chinese New Year with her family, which is on Feb 5th. We'd leave a few days later. The petition is working it way through the NVC right now and should be sent to the consulate soon. So is it a reasonable thing to do to add a letter to the interview documents asking the consular official to extend the petition length out of an abundance of caution? We'd be flying into a POE (probably Chicago) from across the pacific so we wouldn't have the luxury of running back to the embassy without flying all the way back.

 

I was a little confused about the petition exp date vs the NOA2 exp date. Aren't they one in the same? Or is there another exp date once the NVC assigns a case No.? Some comments made reference to them separately. I know the visa is supposed to be valid 3 months from date of issue.

 

Thanks all.

 

Petition expiration has nothing to do with entry.  The Visa will have an expiration date that is the date entry must occur by


YMMV

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That case was a clear error on the part of the people at the POE; lots of people enter on a K-1 after their NOA2 expires, and it's perfectly legal to do so. Don't worry about immigration officials doing something that's clearly incorrect.

 

As far as I know

  • The petition doesn't have an expiration date; if it did, we wouldn't have the occasional couple here with a case that's been in limbo for over a year
  • The expiration date for NOA2 is when you have to have scheduled an interview by; this can be renewed twice for an additional four months each time at the consulate's discretion (if you didn't get an interview due to lack of spots, this will probably happen automatically, but make sure it does).
  • Once she has her visa, she'll have six months from her pre-interview medical exam to come to the US, marry you within 90 days, and adjust status

So even if your fiancée got her visa tomorrow, you could still spend Chinese New Year in HK with her family.

 


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Hmm, yeah ok thx. I guess I'm just want to make sure I research every possibility. They don't really give any leeway at POE and the officers are always so serious.

 

Fingers crossed then.

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On 11/7/2018 at 8:09 PM, DaveAndAnastasia said:

That case was a clear error on the part of the people at the POE; lots of people enter on a K-1 after their NOA2 expires, and it's perfectly legal to do so. Don't worry about immigration officials doing something that's clearly incorrect.

 

As far as I know

  • The petition doesn't have an expiration date; if it did, we wouldn't have the occasional couple here with a case that's been in limbo for over a year
  • The expiration date for NOA2 is when you have to have scheduled an interview by; this can be renewed twice for an additional four months each time at the consulate's discretion (if you didn't get an interview due to lack of spots, this will probably happen automatically, but make sure it does).
  • Once she has her visa, she'll have six months from her pre-interview medical exam to come to the US, marry you within 90 days, and adjust status

So even if your fiancée got her visa tomorrow, you could still spend Chinese New Year in HK with her family.

 

Wait but then why do they bother printing "petition expires on" on the bottom of the visa?

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Moved from Progress Reports to Process & Procedures


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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