processing time at port of entry for immigration visa
#16
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We both know that the Consulates make their own rules and that they are not rules that can be counted on even if they are in writing.
If that was indeed correct than the OP's IR visa would clearly state that the visa's expiration would be the date of the medical expiration and he has not said that.
If that was indeed correct than the OP's IR visa would clearly state that the visa's expiration would be the date of the medical expiration and he has not said that.
USCIS search is down this morning, but this is from the US Embassy in Austria.
Validity of Medical Examination Results
Maximum validity of medical examination results is one year with at least 6 months' validity required on the day of visa issuance. If the exam has less than 6 months' validity, the visa is limited to the validity of the examination results.
It's just something nagging in the back of my mind. The requirements for AOS are a little bit different; they make an exception for applicants when the case is not adjudicated before the medical expires (presume because it's the Service's fault, not the applicant's).
Validity of Medical Examination Results
Maximum validity of medical examination results is one year with at least 6 months' validity required on the day of visa issuance. If the exam has less than 6 months' validity, the visa is limited to the validity of the examination results.
It's just something nagging in the back of my mind. The requirements for AOS are a little bit different; they make an exception for applicants when the case is not adjudicated before the medical expires (presume because it's the Service's fault, not the applicant's).
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#17
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To the OP
Please do not mind, Meaxuna and I hashing this out. I have never heard of this in all of the time I've been on the forum and Meaxuna is far more knowledgable and credible than I ever was. Before I bow to her superiority, I would like to be 100% sure that this is not just a Consulate made up rule which is only applicable to a particular Consulate and that it is actually an USCIS standard regulation.
Please do not mind, Meaxuna and I hashing this out. I have never heard of this in all of the time I've been on the forum and Meaxuna is far more knowledgable and credible than I ever was. Before I bow to her superiority, I would like to be 100% sure that this is not just a Consulate made up rule which is only applicable to a particular Consulate and that it is actually an USCIS standard regulation.
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#18
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Supporting notes from Dept of State
regarding admission exceptions under CSPA:
(Note that these instructions are subject to any special restrictions on validity that may apply in a particular case, such as the rules requiring that IV visa validity not extend beyond the expiration of the one-year validity of the medical exam and that IV validity not extend beyond sixty days prior to the expiration of the passport.)
and this, regarding travel and immigrant visa extensions immediately post-9/11:
IN ADDITION TO THESE FAM PROVISIONS, ALL SUPPORTING DOCUMENTATION INCLUDING MEDICAL AND POLICE CLEARANCES MUST BE CURRENT AT THE TIME THE RECIPIENT EVENTUALLY TRAVELS.
True, these are just State telegrams, but they indicate that there is something in the law that requires these items (police & medical checks) to be current at admission.
The visa should not have been issued for longer than the medical and police checks' validity. I do see a lot of reports of people needing to get updated medicals before the visa is issued, after a long AP, even if the medical would be current at visa stamping. Presumably this is to maintain a current medical at admission (I've also seen reports of Consulates issuing visas with less than 6 months' validity to go around this).
regarding admission exceptions under CSPA:
(Note that these instructions are subject to any special restrictions on validity that may apply in a particular case, such as the rules requiring that IV visa validity not extend beyond the expiration of the one-year validity of the medical exam and that IV validity not extend beyond sixty days prior to the expiration of the passport.)
and this, regarding travel and immigrant visa extensions immediately post-9/11:
IN ADDITION TO THESE FAM PROVISIONS, ALL SUPPORTING DOCUMENTATION INCLUDING MEDICAL AND POLICE CLEARANCES MUST BE CURRENT AT THE TIME THE RECIPIENT EVENTUALLY TRAVELS.
True, these are just State telegrams, but they indicate that there is something in the law that requires these items (police & medical checks) to be current at admission.
The visa should not have been issued for longer than the medical and police checks' validity. I do see a lot of reports of people needing to get updated medicals before the visa is issued, after a long AP, even if the medical would be current at visa stamping. Presumably this is to maintain a current medical at admission (I've also seen reports of Consulates issuing visas with less than 6 months' validity to go around this).
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#19
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This may or not be relevant. But my wife came to the US on a K-1 visa about five years ago. I remember that there was a line on her K-1 visa that said something like "MED. PETITION VALID THRU ...". We weren't sure what it meant and I posted a question about it on the Marriage Based forum (thread here). I didn't really get a good answer on it.
I wonder if txbound's visa has something like this on it and that's why he's concerned about it.
- Eric S.
I wonder if txbound's visa has something like this on it and that's why he's concerned about it.
- Eric S.
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#20
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This may or not be relevant. But my wife came to the US on a K-1 visa about five years ago. I remember that there was a line on her K-1 visa that said something like "MED. PETITION VALID THRU ...". We weren't sure what it meant and I posted a question about it on the Marriage Based forum (thread here). I didn't really get a good answer on it.
I wonder if txbound's visa has something like this on it and that's why he's concerned about it.
- Eric S.
I wonder if txbound's visa has something like this on it and that's why he's concerned about it.
- Eric S.
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#21
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And looking oh-so-briefly at his past posts.. American wife, travel while applying for a 'green card', I-130 filed in London.
I agree that we should not have to go looking all the time, but if you're going to make an issue over it, all it takes is about 2 clicks from you to settle it.
sheesh.
Last edited by meauxna; Apr 24th 2009 at 11:12 am.
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#22
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I am on an IR1 visa.
The email i got from the London embassy said that the validity period of the visa interview and medical are both 12 months, and as i had my medical on june 25th 2008 the visa had to be limited to match that otherwise i would have to have had and paid for another medical.
I am now concerned about what rete and meauxna say about it being necessary for my sponsor (wife) to be with me at the port of entry. My wife has to be in london to complete on our house purchase on the day i fly to Boston. is this an absoloute requirement?
thanks
The email i got from the London embassy said that the validity period of the visa interview and medical are both 12 months, and as i had my medical on june 25th 2008 the visa had to be limited to match that otherwise i would have to have had and paid for another medical.
I am now concerned about what rete and meauxna say about it being necessary for my sponsor (wife) to be with me at the port of entry. My wife has to be in london to complete on our house purchase on the day i fly to Boston. is this an absoloute requirement?
thanks
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#23
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Is there much difference in cost and botheratian factor between flying to the states and taking another medical?
Just wondering.
Just wondering.
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#24
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Yes, it is related to the requirements of the I-864.
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norri, there is for me - several weeks wait in getting an appointment at the embassy approved doctor, (the cost is about £500 from memory, but that's not the main issue now.) On top of that, the embassy told me that it is not possible to extend the validity of a visa once it has been issued, so there would be the processing and additional costs around that too.
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#26
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I am on an IR1 visa.
The email i got from the London embassy said that the validity period of the visa interview and medical are both 12 months, and as i had my medical on june 25th 2008 the visa had to be limited to match that otherwise i would have to have had and paid for another medical.
The email i got from the London embassy said that the validity period of the visa interview and medical are both 12 months, and as i had my medical on june 25th 2008 the visa had to be limited to match that otherwise i would have to have had and paid for another medical.
And was it valid for six months from printing?
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And what date do you depart the UK to land in the US? You mentioned something earlier that led me to believe it might be a longer than normal trip to get here? It may be that as long as you have departed for the US by that date that you can work around it... although that is looking worse and worse as I'm writing it.. too much margin for error.
What about all those dirt cheap flights from London I'm always hearing about? 99GBPs return? Why don't you and your wife just hop over to the east coast for a long weekend or less?
What about all those dirt cheap flights from London I'm always hearing about? 99GBPs return? Why don't you and your wife just hop over to the east coast for a long weekend or less?
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#29
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As always I bow to Meauxna's knowledge. It would have been better had the OP stated upfront that the visa was expiring on that date and not just that the medical was expiring. Oh well. Meaxuna, thanks so very much for being on the ball and on top of things. You're a peach.
BTW why are you saying the 25th in one post for travel and the visa expires on the 24th. You would be one day too late to activate the visa. Why don't you follow Meauxna's advice and both you and the wife make a long weekend of it sometime in May or the first week of June.
BTW why are you saying the 25th in one post for travel and the visa expires on the 24th. You would be one day too late to activate the visa. Why don't you follow Meauxna's advice and both you and the wife make a long weekend of it sometime in May or the first week of June.
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And what date do you depart the UK to land in the US? You mentioned something earlier that led me to believe it might be a longer than normal trip to get here? It may be that as long as you have departed for the US by that date that you can work around it... although that is looking worse and worse as I'm writing it.. too much margin for error.
What about all those dirt cheap flights from London I'm always hearing about? 99GBPs return? Why don't you and your wife just hop over to the east coast for a long weekend or less?
What about all those dirt cheap flights from London I'm always hearing about? 99GBPs return? Why don't you and your wife just hop over to the east coast for a long weekend or less?
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