Medical & Visa Expire 5/2 -- need advice please

[sabop 0]

I haven't been very active here since registering, and I'm regretting that now.. I think I could have saved myself, and my fiance a lot of troubles.

But anyway.. on to my question, which HOPEFULLY someone can help with.

My fiance had to go through the dreaded sputum/culture test at St Luke's back in November; thankfully nothing was found. The interview took place in Feb.. but we found out that a Police Clearance Certificate was required from Japan before we could receive approval. We requested that ASAP.. but it took another two and a half months to receive it, and we submitted same day. This left half us with just 2 weeks left before the medical expired.

By some miracle everything was processed by the Embassy and she now has a stamped visa (and will be attending the CFO seminar tomorrow). Travel plans are causing issues though. We had pretty much given up hope on this first medical, so we were not prepared to be approved. I want to give my fiance as much time as possible to prepare, say goodbye, etc... so that means leaving either on 5/1 or 5/2. Thankfully I live near SFO in the States, and the direct flight on PAL fits the needs perfectly. There are flights from MNL to SFO both days, leaving at 10:30pm local time and arriving here in the US at 8pm. Assuming no delays, either will work.. since the medical expires at 12:00am on 5/3. BUUTTTTTTTT in the event there's a delay, longer than 4 hours.. I don't know what will happen. If by some freak of nature, my fiance's medical expires mid flight, will she be denied entry? Is there any chance customs would just let her slide, since she started the journey on time and... should have arrived while the medical was still valid? Or is it silly to even be contemplating this, when it's a risk?

Any insight would be appreciated.

[Leatherneck 693]

So basically you want to know if your fiancee will be allowed to enter the US on an expired visa? Remember, the visa will expire the same date as the medical.

You have to ask yourself, is a few more days of preparing and saying goodbye worth the major headache of risking your fiancee arriving at the POE with an expired visa? Just imagine the stress and drama of such a situation.

Edited April 25, 2012 by Leatherneck

[Theresa0828 65]

It's not expired visa but expired medical (medical exam has 6 months validation).

I do not think the medical exam validity has bearing at POE as long as the visa is still valid.

Your fiancee should be fine.

[Marizhell 11]

I haven't been very active here since registering, and I'm regretting that now.. I think I could have saved myself, and my fiance a lot of troubles.

But anyway.. on to my question, which HOPEFULLY someone can help with.

My fiance had to go through the dreaded sputum/culture test at St Luke's back in November; thankfully nothing was found. The interview took place in Feb.. but we found out that a Police Clearance Certificate was required from Japan before we could receive approval. We requested that ASAP.. but it took another two and a half months to receive it, and we submitted same day. This left half us with just 2 weeks left before the medical expired.

By some miracle everything was processed by the Embassy and she now has a stamped visa (and will be attending the CFO seminar tomorrow). Travel plans are causing issues though. We had pretty much given up hope on this first medical, so we were not prepared to be approved. I want to give my fiance as much time as possible to prepare, say goodbye, etc... so that means leaving either on 5/1 or 5/2. Thankfully I live near SFO in the States, and the direct flight on PAL fits the needs perfectly. There are flights from MNL to SFO both days, leaving at 10:30pm local time and arriving here in the US at 8pm. Assuming no delays, either will work.. since the medical expires at 12:00am on 5/3. BUUTTTTTTTT in the event there's a delay, longer than 4 hours.. I don't know what will happen. If by some freak of nature, my fiance's medical expires mid flight, will she be denied entry? Is there any chance customs would just let her slide, since she started the journey on time and... should have arrived while the medical was still valid? Or is it silly to even be contemplating this, when it's a risk?

Any insight would be appreciated.

no worry she will be fine....the medical is not checked in the port of entry to US...it would only be checked again upon filling for her AOS or adjustment of status after u got married...goodluck and have a safe flight for your fiancee...

[aam 3]

How long is a medical exam report valid for?

Medical examinations conducted in connection with immigrant visa applications have a maximum validity of six months and must be valid when you enter the U.S. The consular officer shall limit the visa’s validity to a period of validity of the medical examination. If the alien cannot arrive in the United States within six months of the date of the medical examination, the alien must repeat the examination.

[Leatherneck 693]

Link -- the below statement is found just about the visa fraud warning on page 4 of 9 on the USEM site.

Do not finalize arrangements for travel to the United States, dispose of properties, or resign from your job until a visa has been issued and delivered to you. Generally, a one-entry fiancé(e) (K1) nonimmigrant visa is valid for six months from the date of issuance, unless its validity is limited by medical or other restrictions.

The important issue is the visa's expiration date -- which happens to be the same as the medical. If it was ok to enter the USA on an expired visa -- there would be no need for visas to have an expiration date.

OP, you're smart to factor in a delay, but think worst case scenario. Suppose that 10:30 pm flight is delayed in Manila by 2-3 hours, then later that same aircraft experiences weather issues or has to fly at a reduced speed due to engine issues, then finally approaches SFO only to be delayed due to issues on the ground or worst, the airport is closed due to a bomb threat or an accident on the runway then diverted to OAK (Oakland) behind many other flights.

Is this really a question "Is there any chance customs would just let her slide, since she started the journey on time and... should have arrived while the medical was still valid?" you want to risk finding the answer to the hard way? Four hours is cutting it too close -- you have the power to prevent your fiancee's POE experience from being a disaster.

Edited April 25, 2012 by Leatherneck

[maim3 5]

The doctor in SLEC told me the medical has only 2 months validity. But i read here it is 6 months. Which is true?

[Hank_ 9,174]

I haven't been very active here since registering, and I'm regretting that now.. I think I could have saved myself, and my fiance a lot of troubles.

But anyway.. on to my question, which HOPEFULLY someone can help with.

My fiance had to go through the dreaded sputum/culture test at St Luke's back in November; thankfully nothing was found. The interview took place in Feb.. but we found out that a Police Clearance Certificate was required from Japan before we could receive approval. We requested that ASAP.. but it took another two and a half months to receive it, and we submitted same day. This left half us with just 2 weeks left before the medical expired.

By some miracle everything was processed by the Embassy and she now has a stamped visa (and will be attending the CFO seminar tomorrow). Travel plans are causing issues though. We had pretty much given up hope on this first medical, so we were not prepared to be approved. I want to give my fiance as much time as possible to prepare, say goodbye, etc... so that means leaving either on 5/1 or 5/2. Thankfully I live near SFO in the States, and the direct flight on PAL fits the needs perfectly. There are flights from MNL to SFO both days, leaving at 10:30pm local time and arriving here in the US at 8pm. Assuming no delays, either will work.. since the medical expires at 12:00am on 5/3. BUUTTTTTTTT in the event there's a delay, longer than 4 hours.. I don't know what will happen. If by some freak of nature, my fiance's medical expires mid flight, will she be denied entry? Is there any chance customs would just let her slide, since she started the journey on time and... should have arrived while the medical was still valid? Or is it silly to even be contemplating this, when it's a risk?

Any insight would be appreciated.

The validity date of the visa is stamped right on it, be in the USA before it expires..................... PERIOD.

[Hank_ 9,174]

The visa validity date is tied to the medical date.

The visa is valid UP TO 6 months, and the restrictions is the medical.

[Leatherneck 693]

The doctor in SLEC told me the medical has only 2 months validity. But i read here it is 6 months. Which is true?

Please examine your visa when you receive it to determine the exact date it expires. You've been through the dreaded sputum nightmare -- therefore your visa will not be valid for anywhere near six months.

[Leatherneck 693]

The validity date of the visa is stamped right on it, be in the USA before it expires..................... PERIOD.

And not a mere 4 hours before!