Visa in passport but emergency strikes

[baobeizhu]

Dear CFL'ers, your help is needed once again.

 

Here is the background:

2 Days ago my husband and I finally obtained his visa to enter the US. The happiness was short lived however because a family emergency has occured and we have already returned to Beijing so he can help his family. Now the question at hand is, what are our options in terms of his visa and entry into the US. As it stands he may not be able to enter the US in one month as originally planned. The severity of the matter is not 100% clear at this point, but worst case scenario, he might not be able to leave China for a while...it really depends on the outcome.

 

Questions:

1. We already have all of his visa and POE paperwork ready to go (we were only short of booking his US ticket). If he does enter the US as planned, how long until he can leave the US?

 

2.If he does NOT enter the US before his visa expires, is he completely forfeiting his visa, or is there any action we can take now to prevent a complete refiling? (Side note, he was told when processing the visa that if he COULD NOT enter before his medical exam expired then he should wait on processing the visa).

 

3. Should I just contact GUZ now and inform them US entry may not be possible at this point?

 

4. Suggestions, advice, etc. is appreciated.

 

Kind Regards~

[chilton747]

The visa is good for 6 months from date of issue.

[baobeizhu]

The visa is good for 6 months from date of issue.

Hi, that was a quick response. I just double/triple checked:

 

the visa itself says 'IV Expires On XXFEB2010'

 

also, on the POE packet, the sheet on top of the sealed packet and facing outward also has the same expiration date....

Edited January 3, 2010 by baobeizhu (see edit history)

[dnoblett]

The visa is good for 6 months from date of issue.

his visa says 'IV Expires On XXFEB2010'

Looks like they based visa issue date on the interview date last Aug when you got Blue slip.

 

I would contact consulate about getting visa extended until at least 6 months beyond its actual issue date.

 

You may even get this done in Beijing at the US Embassy.

 

You need to explain the emergency.

 

Other option would to make a trip to the USA activate visa get I-551 stamp at POE and return to China. I-551 = green-card.

[chilton747]

The visa is good for 6 months from date of issue.

his visa says 'IV Expires On XXFEB2010'

Looks like they based visa issue date on the interview date last Aug when you got Blue slip.

 

I would contact consulate about getting visa extended until at least 6 months beyond its actual issue date.

 

You may even get this done in Beijing at the US Embassy.

 

You need to explain the emergency.

 

Other option would to make a trip to the USA activate visa get I-551 stamp at POE and return to China. I-551 = green-card.

 

 

That sucks!!! The visa should not be issued when they got the blue slip. How can it?

[chilton747]

11. What happens if I can¡¯t travel within six months of when I receive my visa?

 

Immigrant and fianc¨¦/e visas cannot be extended. If the visa is not used within its period of validity, you must bring it and the visa packet to our office for cancellation, along with a statement explaining the reasons why the visa was not used. It is possible that you will be eligible to receive a new visa, although this is not certain and depends on the circumstances of your case. Payment of an additional visa application fee may be required.

 

This is from the Consulate at Guangzhou.

[chilton747]

The visa is good for 6 months from date of issue.

his visa says 'IV Expires On XXFEB2010'

Looks like they based visa issue date on the interview date last Aug when you got Blue slip.

 

I would contact consulate about getting visa extended until at least 6 months beyond its actual issue date.

 

You may even get this done in Beijing at the US Embassy.

 

You need to explain the emergency.

 

Other option would to make a trip to the USA activate visa get I-551 stamp at POE and return to China. I-551 = green-card.

 

 

That sucks!!! The visa should not be issued when they got the blue slip. How can it?

 

13. How soon can I travel to the U.S. once the visa is issued? For how long is my visa valid?

 

You can travel as soon as you receive your visa. Immigrant and fianc¨¦/e visas are valid for six months; note that you must enter the U.S. by this visa expiration date. In some cases, visas may be limited to expire before the end of the standard six-month period. Again, please note that you must enter the U.S. before your visa¡¯s validity expires.

 

 

I wonder what those "some cases" are about?

[baobeizhu]

Other option would to make a trip to the USA activate visa get I-551 stamp at POE and return to China. I-551 = green-card.

 

Do you happen to know if there is a requirement as to how long he must stay in the US before exiting the country? Last night I was brainstorming and thought this might be the best option since we could just book a round trip ticket and once matters are resolved he can reenter the US (hoping hoping things turn out ok). I need to read up on any entry/exit requirements though it seems...

 

It really seems like NOT using the visa is going to cause at LEAST 1/2 year delay....if it gets re-issued, of course.

Edited January 3, 2010 by baobeizhu (see edit history)

[warpedbored]

I've never heard of a visa expiring that fast. I would contact the consulate and see if you can get it extended.

[Ant & Lu]

I think they make the visa valid starting with the date when you take your medical exams. My visa is only good for 5 and half month because I got my checkups 2 weeks before the interview.

 

I have a similar situation as yours, I have contacted the GUZ office, they suggest me returning my visa and the packet. I will need to apply again in GZ since they will retain all our documents there when we are ready. We might stay in China for another year or so. I don't know if this info helps.

Edited January 3, 2010 by Ant & Lu (see edit history)

[chilton747]

I think they make the visa valid starting with the date when you take your medical exams. My visa is only good for 5 and half month because I got my checkups 2 weeks before the interview.

 

I have a similar situation as yours, I have contacted the GUZ office, they suggest me returning my visa and the packet. I will need to apply again in GZ since they will retain all our documents there when we are ready. We might stay in China for another year or so. I don't know if this info helps.

 

 

My wife's visa issuance date was the date of the interview. And it expired exactly 6 months after.

Edited January 3, 2010 by chilton747 (see edit history)

[chilton747]

Other option would to make a trip to the USA activate visa get I-551 stamp at POE and return to China. I-551 = green-card.

 

Do you happen to know if there is a requirement as to how long he must stay in the US before exiting the country? Last night I was brainstorming and thought this might be the best option since we could just book a round trip ticket and once matters are resolved he can reenter the US (hoping hoping things turn out ok). I need to read up on any entry/exit requirements though it seems...

 

It really seems like NOT using the visa is going to cause at LEAST 1/2 year delay....if it gets re-issued, of course.

 

My wife's visa states " upon endorsement serves as temporary I-551 Evidencing permanent residence for 1 year."

 

Therefore, I say it can be used upon endorsement.

Edited January 3, 2010 by chilton747 (see edit history)

[Kyle]

My wife got her medical exam done right before her interview (two days) and her visa is good for around five months. I think Kat's explanation is very plausible.

[baobeizhu]

My wife's visa states " upon endorsement serves as temporary I-551 Evidencing permanent residence for 1 year."

 

Therefore, I say it can be used upon endorsement.

 

Sanity check: Does the visa itself get stamped in the passport? Is that the proof of endorsement? Or is it something else that needs to get carried around in addition to the passport. His visa says the same thing as you have listed..w/o the actual endorsement of course.

 

So, w/ such an endorsement, would re-entry into the US be acceptable without actually having the greencard in hand at a later date, possibly a few months later? I am thinking it would probably be best if he comes to the US for a few days and then fly back out and continue to tend to family matters and then the green card would still be mailed to us at my address. If he really needs it I could send it to him in China I suppose....but ideally I wouldn't want to mail something like that..ughh

 

Well, at least it initially appears as though entering and exiting the US is a viable option. I'll relay it to him tonight and hopefully it will help him at least take this visa stuff off his mind:(

Edited January 3, 2010 by baobeizhu (see edit history)

[Kyle]

Yes and yes. The visa inside the chinese passport will serve as a temp GC - good for one year. It may be worthwhile to take the approval letter with you as well.

Edited January 3, 2010 by Kyle (see edit history)