[orkneywife]

This is a fairly complicated scenario, but basically, Delta refused to issue my boarding passes for a flight to the UK because my return flight to the US (in March) was dated after my UK spousal visa expiry date (early March). Spousal visas are issued for 27 months, and I will be applying for my permanent visa prior to March. The agent who dealt with me phoned their international agents who assured her that the rule was not to issue the boarding pass if it was past the expiry date. I was told my only option for getting on my scheduled flight was to rebook my return to a date within which my visa was valid, which cost me $250, and is not at a convenient time. I am annoyed with this extra expense as I will now have to change the flight again to a time that works for me, and pay another $250.

[The_Judge]

If I have it right.....you are a UK citizen living in the US on a spousal visa and were returning to your home country for whatever reason and then going to return AFTER your US visa expired.

In my opinion, it is of no consequence what your visa status is when you leave the US as anything could take place with your visa (extend it, change it, not return at all, return earlier, etc) so the agents blew it completely.

I would contact DL's customer service dept. and ask them what the hell they are gonna do to make this right? Before that contact is made though, I would contact US Immigration and ask for something in writing to back up your case.

Delta has failed yet again.

[wkharris2001]

the judge,

what it actually sounds like is the op is a US citizen with a UK spousal visa that is expiring. a us citizen is allowed a maximum stay of 6 months in the UK without a visa, after that a visa is required. it sounds to me like the agent at check in plugged in the information of the passenger being a u.s. citizen, traveling to the UK and got the following results on Timatic

Passport required.
- Passport and/or passport replacing documents must be valid
for the period of intended stay.

Visa required, except for A max. stay of 6 months:
- for nationals of U.S.A.;

at check in the agent is required to verify visa requirements and passport validity. the OP was denied boarding based on the fact that they are not a permanent resident of the UK and their visa expires prior to their return to the U.S. so legally at this point they are not allowed to stay more than 6 months. now for delta to cover their butt with immigrations in the UK they have to make sure that all passengers they are sending to the UK have all of their documents in order. so the only way to do that, was for the ticket to be reissued to say that the passenger was not staying longer than 6 months. this also probably helped the passenger when they got to the UK to get through customs without a lot of interrogation.

[jimworcs]

Your fundamental mistake was to book on Delta, as they will exploit any opportunity to make money out of your circumstances.

I would contact the UK Border Agency and ask them for some kind of letter which you can give to Delta. The truth is though, for Delta this is not about "helping you through immigration". Delta staff are trained to look for any reason whatsoever for them to grab "ancilliary" income from their passengers and the company has specific targets to generate this income. They are like Ryanair, and any excuse to milk you will be exploited. I doubt very much they will refund you no matter what you provide.

I would seek something from the UK Border Agency which states that you would not have been denied entry to the UK and that the airline was wrong to deny you a ticket on that date. If you can get that, you could then try complaining to the DOT.

Ultimately, the lesson here is for international flights, NEVER fly Delta. They are horrendous.

Link to UK Border Agency here:
http://www.ukba.homeoffice.gov.uk/partnersandfamilies/

[The_Judge]

Originally Posted by wkharris2001

the judge,

what it actually sounds like is the op is a US citizen with a UK spousal visa that is expiring. a us citizen is allowed a maximum stay of 6 months in the UK without a visa, after that a visa is required. it sounds to me like the agent at check in plugged in the information of the passenger being a u.s. citizen, traveling to the UK and got the following results on Timatic

Passport required.
- Passport and/or passport replacing documents must be valid
for the period of intended stay.

Visa required, except for A max. stay of 6 months:
- for nationals of U.S.A.;

at check in the agent is required to verify visa requirements and passport validity. the OP was denied boarding based on the fact that they are not a permanent resident of the UK and their visa expires prior to their return to the U.S. so legally at this point they are not allowed to stay more than 6 months. now for delta to cover their butt with immigrations in the UK they have to make sure that all passengers they are sending to the UK have all of their documents in order. so the only way to do that, was for the ticket to be reissued to say that the passenger was not staying longer than 6 months. this also probably helped the passenger when they got to the UK to get through customs without a lot of interrogation.

If this is the case, then DL did everything correctly. I'm well aware of the rules on boarding a passenger to a country and checking their documents. I am just confused on which country they are a citizen of. Knowing that info would make the advice to give much easier.

[wkharris2001]

in the op's sentence:

Delta refused to issue my boarding passes for a flight to the UK because my return flight to the US (in March) was dated after my UK spousal visa expiry date

they have a UK spousal visa, so it to me sounds like they are a US citizen with a UK spousal visa, they wouldn't need a UK spousal visa if they were a UK citizen

[The_Judge]

Yes....agree then. If this is the case, the DL agent did his/her job correctly. Jimbo, you're wrong on this one. DL could/would be fined when the passenger arrived in the UK if the immigration agent there did his/her job right.

[jimworcs]

My ex wife is a US citizen and was on a temporary spousal visa. It expired before we had a booked return. The immigration officers know that the spouse will either reapply or being applying for permanant leave to remain. We were never denied entry and usually travelled BA. They never refused to fly us either.

[The_Judge]

That was another life, you must admit. The rules, when pulled up by an airline agent clearly state that the passport and documents (visa) must be valid for the duration of the stay. Some countries even require the passport to be valid for a period of 6 months AFTER the period of stay. These are not airline rules but immigration rules that the airlines are charged to follow or risk fines.

As much as I hate Delta too, they are in the right here.

[orkneywife]

To clarify, I am a US citizen, living in the UK on a spousal visa. It seems to me that if I had bought a one-way ticket, I would not have had a problem, since it was my return that triggered the issue. It just doesn't make sense to me that an airline won't issue you a ticket to a country for which you have a valid visa.

[jimworcs]

No Judge, the issue is not about the immigration issue. Even if they are correct about the entry rules, there is no justification for gouging the customer out of another $500 in fees. Delta is definitely in the wrong... those fees are exploitative.

[The_Judge]

Another part of showing documents would be showing your return ticket. Just an fyi to all who are going to another country............the very basics of what an airline agent reads when he/she plugs in the info is this......passport (sometimes valid 6 months beyond the stay) visa, if necessary, ticket to onward destination (this can be a return ticket or a ticket to a third country) Also, what is needed are sufficient funds for the stay. Airline agents don't ask this but an immigration official on your arrival could and if you have nothing, you could be deported.

The OP admittedly had a visa that was gonna expire before the return. The documents were not acceptable. Delta protected themselves from a possible fine and the customer from a possible problem.

[The_Judge]

I will agree that 2 change fees would be ridiculous and the 2nd should be waived. However, it is the customer's responsibility to follow the entry rules and have the proper documents. I agree with 1 change fee but the 2nd should be waived, imo.

[wkharris2001]

Originally Posted by The_Judge

I will agree that 2 change fees would be ridiculous and the 2nd should be waived. However, it is the customer's responsibility to follow the entry rules and have the proper documents. I agree with 1 change fee but the 2nd should be waived, imo.

I don't work in the call center anymore, but if I got that call and the passenger explained the situation to me and was nice. I would waive the second one.