Karen

Does anyone know why the consulate would give my husband k1 in his
passport instead of k3? Is that what they do? I know that k1 is
similar to k3, so I'm wondering if that's the procedure???

Andy Platt

Because they screwed up. He will have to go back to Mumbai to get it
corrected. He'd almost certainly get turned away when attempting to enter
the US on it and it would probably cause huge problems for adjustment of
status if they let him in.

Andy.

--
I'm not really here - it's just your warped imagination.
"karen" wrote in message
news:[email protected]...
    > Does anyone know why the consulate would give my husband k1 in his
    > passport instead of k3? Is that what they do? I know that k1 is
    > similar to k3, so I'm wondering if that's the procedure???

Caro

They might just have made a mistake. I would get in contact with the consulate to find out what happened.

Caroline

tara

i have never seen a K-3 visa but i assume it must be different than a K-1, as a K-1 expires in 90 days. Maybe the current K-3 holders here will let you know what theirs reads and he can compare.

If it is different he needs to go back Karen. They will mark that visa "cancelled without prejudice (CWO)" and issue a new one. i have seen Mumbai issue visa's with wrong DOB's or mispellings of names and those people had to return.

A reminder for all of you going thru Mumbai....CHECK and recheck visa type, birthday, spelling, and alien number on visa before leaving the Consulate.

You want everything to match up when he carries that big brown envelope thru the POE.

Best wishes,

Black Label

it is the same thing. they just go by the same name. nothing to worry.

Matthew Udall

Oh man, you are having a devil of a time with your case (from what little I know about it). Yes, the Consulates and INS offices do make mistakes, far more often than I'd like. Of course, when you are first starting a case, there is no way to know what the future holds as far as INS or Consulate screw-ups go. A portion of my typical work day is spent contacting INS (or occasionally a consulate) to bring something to their attention that needs to be fixed (generally, a case will sail along in the right direction, however when an INS or Consulate screw up happens, the case starts to travel off track, so my job is to grab the rudder and get that case sailing along on the right track again). I think trying to fix these INS or Consulate made problems is one of the best things that an immigration attorney brings to a case.

Karen, do you have an attorney working for you? If so, and if you have hired him or her on a flat rate fee (meaning they should not be charging you for follow up work in correcting an INS or Consulate screw up) you might want to have him or her contact the Consulate first (especially if it is a long way for your fiancée to travel, or a tremendous hassle for him) to see if the attorney can arrange some sort of way for your fiancée to simply ship his passport to a specific Consulate officer who can put in the correct visa and ship it back to them. He might also have to ship the brown envelope too, but I'm not sure.

Odds are that your fiancée will have to go back in, but again, if its a very long distance for him to travel, or a tremendous hardship for him to do so, you could always have your attorney contact them first to see what other options might be available to him. I’ve had pretty good luck in the past when contacting Consulates asking for special accommodations (especially when those accommodations are needed due to a Consulate screw up), and it can’t hurt to try.

"MY" INS problem of the day, to take steps to correct, is an improperly issued greencard sent to one of my K-1'er/AOS clients who processed her AOS at the Detroit INS office. Her marriage was over two years old by the time of her approval (and yes, she was approved on the day she filed her AOS forms), however they gave her Conditional Status.

When I first heard that they did this (a few months ago), I called Detroit and spoke with officer Jack L. about the problem. I faxed a few items to him to demonstrate the INS error. He called me back saying that yes, it was an INS mistake. He recommended that the client wait to receive the actual greencard in the mail, and once she received it I should call him back to set up a time for her to come in to the Detroit office to meet with him to have a new card ordered. He said they would waive the fee since it was their mistake.

I called the client to tell him about this, and also sent them a letter telling them to contact me as soon as her card arrived.

Well, a few months had gone by, and I had not heard from the client. Around a couple of weeks ago, I called him and he said she received her card quite a while ago, but forgot they were supposed to call me or get it fixed! I asked him to mail a copy of the incorrect card to me, and that arrived to my office yesterday.

So my "INS" screw up work today is to call Detroit to set up that meeting with my client and an officer, so they can fix their mistake (with the fee waived). Since they hired me on a flat rate fee, I won't be charging them anything for this "little bit of extra work".

Good luck Karen,
Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/fiancee.htm

Caro

Did they wait 2 years to do AOS on the same day? Just curious...

Caroline

Matthew Udall

Yes, that's exactly what they did. Actually, they called me to have me do the AOS work for them about a month before their marriage was two years old, and I had them wait a month before filing so we could get LPR status instead of CLPR status.

M.U.

Morkai Kurst

Black Label wrote:
    > it is the same thing. they just go by the same name. nothing to worry.

Err no, K1 and K3 are not the same thing. K1 is a fiance visa which means
you cannot be married upon entry. It is also a single entry visa valid for
90 days only upon entry.

K3 is a spousal visa which means you are married when you enter. It is a
multiple entry visa and valid for 2 years and provision to be extended if
the I-130 is not approved within that time.

If they were the same thing why on earth would there be the two different
visa's? Karen's husband needs to get his visa changed for the correct one or
he may well be refused entry when the customs officer looks at his brown
envelope and see's its for a K3 visa not a K1 as in his passport.

Morkai

Andy Platt

Please don't post things like this when you obviously have no idea what you
are talking about.

Andy.

--
I'm not really here - it's just your warped imagination.
"Black Label" wrote in message
news:[email protected]...
    > it is the same thing. they just go by the same name. nothing to worry.
    > --
    > Black Label
    > Posted via http://britishexpats.com

Andy Platt

"Matthew Udall" wrote:

    > Yes, that's exactly what they did. Actually, they called me to have me
    > do the AOS work for them about a month before their marriage was two
    > years old, and I had them wait a month before filing so we could get LPR
    > status instead of CLPR status.

At least it doesn't sound like they planned to wait that long to begin
with - that would be very foolish. I'm actually surprised that Detroit still
did same-day AOS for them - they could have said the police report was no
longer valid or anything!

Andy.

--
I'm not really here - it's just your warped imagination.

Matthew Udall

Hi Andy,
No, it was not a master plan to wait that long, but rather simple apathy and inattention to one's own immigration case/situation. These are the kind of clients who I have to leave message after message in order to even talk to them (and usually, they don't return the call but instead I finally reach them on one of my attempts to reach them).

You can lead a horse to water, but you can't make it drink. You can ask your client to call you, and you can remind them to file their AOS in a timely manner, but you can't make them call you (or send copies of things you request), or even file their AOS in a timely manner for that matter.

As normal, I had closed the case once she received her K-1 visa (of course, telling them I would be happy help them with their AOS if they wanted), and I too was surprised when they called me around 2 years later inquiring about filing their AOS (I had assumed that they had already filed the AOS by then).

But no harm done. She kept herself out of trouble during her period of unlawful presence, and she did not need to travel outside the U.S. during this time.

I too was a "little" worried what Detroit would do, but those worries were set aside well before they took in their AOS submission as I called an officer in Detroit long before they went in. The officer and I discussed their situation (the timing issue) and the officer and I were able to agree that this should not be a problem, and that they should receive same day adjudication just as if she filed her AOS shortly after their marriage.

Regards,
Matthew Udall
Attorney
http://members.aol.com/MDUdall/fiancee.htm