Nightmare situation, K-1 Visa expired & Fiancé denied entry

[Deckard02 0]

Hello all,

 

Recently my Fiancé was denied entry to the US by the CBP due to our K-1 being expired. I don't know how this happened, but we got the expiration date mixed up. I am at a loss for words, to come this far in the journey only to be denied on the final step is so painful. We're trying to collect ourselves and figure out what our options are (possibly having to re-do the entire K-1 Visa process.) It has been nearly 9 months since I've seen my Fiancé and we miss each other greatly. My question for you all is, will this prevent him from visiting with me? The CBP agent took his passport and crossed out the initial stamp, he then wrote a date under that. I'm confused as to what this date means and I'm worried my Fiancé will not be allowed to visit me now.

 

I don't think this is a very common situation as I've been googling away and not found much, but apologies if this was answered already.

 

Any input is much appreciated and thanks for taking the time to read.

[Adventine 3,201]

Unfortunately, if the visa was expired, they were correct to deny him entry. It is hard to see how one could have mixed up the expiration date.

 

As you mention the possibility of visiting, I am guessing your fiancé is from a country that does not need a visa to enter the US. It isn't likely that he will be allowed in without another K1 visa, as CBP will already have records of the attempted entry.

[TBoneTX 45,524]

An expiration date is an expiration date, plainly visible in type or ink.

You might contact the consulate to see if there's any remedy (reissuance), but don't expect it.

This is a sad instance of "Your failure to plan does not constitute an emergency for me."

 

(Note:  I didn't relax for a New York minute until Mrs.-T-B.-to-be walked through the airport port of entry.)

Edited August 6, 2021 by TBoneTX

[Lucky2Lucky 2,526]

It’s unfortunate but it will probably be difficult for your fiancé to visit now that he has shown immigrant intent. Good news is that you can visit your fiancé. It would probably be best for you to go visit him, marry, and file CR1.

[powerpuff 6,731]

Maybe what happened was that the medical expired because the expiration date for K1 is 6 months from the medical, not from the date youths visa was issued. Sorry you’re going through this, unfortunately you will have to restart the process. 

Edited August 6, 2021 by powerpuff

[Adventine 3,201]

2 minutes ago, powerpuff said:

Maybe what happened was that the medical expired because the exporation date for K1 is 6 months from the medical, not from the date you received the visa. Sorry you’re going through this, unfortunately you will have to restart the process. 

 

This is true. Sometimes the K1 visa validity is even shorter, for example for certain K1 holders from Manila who needed to do additional medical exams before being granted the visa. Nevertheless, the visa expiration date should have been obvious as soon as they received the passport back from the embassy.

[WaliG 1]

Was the expiration date on the VISA itself? Asking because I have had a very long process with my fiancé and he’s waiting for his passport to be returned with the VISA. I want to avoid the same mistake. 

[SalishSea 17,928]

6 hours ago, WaliG said:

Was the expiration date on the VISA itself? Asking because I have had a very long process with my fiancé and he’s waiting for his passport to be returned with the VISA. I want to avoid the same mistake. 

Yes, it absolutely is printed right there on the visa.

[JeanneAdil 6,554]

at this point you should contact the embassy and ask if they can allow a new medical and reissue the visa/ you have nothing to loose by doing this

 

and PLEASE PLEASE, complete a timeline and ID the country/embassy

[Loren Y 2,755]

What a K1 visa shows. Expiration circled in Red.

[WaliG 1]

1 hour ago, Loren Y said:

What a K1 visa shows. Expiration circled in Red.

Thank you for the information. It says Petition expires on …..is that date relevant? 

[Loren Y 2,755]

6 minutes ago, WaliG said:

Thank you for the information. It says Petition expires on …..is that date relevant? 

That's when the petition would expire at the consulate level.  They have the ability to extend that date until they complete their processing and the interview.  Doesn't have anything to do with the visa itself.

[WaliG 1]

34 minutes ago, Loren Y said:

That's when the petition would expire at the consulate level.  They have the ability to extend that date until they complete their processing and the interview.  Doesn't have anything to do with the visa itself.

Thank you for answering. Could a person enter the US after that date? 

[Chancy 6,241]

27 minutes ago, WaliG said:

Could a person enter the US after that date?

 

The K1 visa holder may enter before the visa expiration date.  Ignore the petition expiration date.  New K1 visas likely won't even have that annotation.

 

[Loren Y 2,755]

1 hour ago, WaliG said:

Thank you for answering. Could a person enter the US after that date? 

As @Chancy has said, that date isn't very important, the expiration date that I circled in red is the important date. I will post back in a few days as my friends fiancee just completed her K1 interview on the 3rd of August, and the CEAC tracker just showed it as issued, so she is expecting her passport back soon, and I will have her send me an image of her visa to see how it compares to mine from a few years ago. Same embassy and consulate as mine, so we can see any changes.