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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > The Foreign Embassy and Consulate General Discussion

Ken_Maria
Here is the situation. We already sent in the I-129F this week. We have not received NOA1 yet. I just found out I may be deploying for 6 months to my fiancee's location on Embassy duty beginning Dec 06 or Jan 07. Looking at the time lines for California and Manila, we could get our NOA2 before I deploy and her interview somewhere around Dec-Jan.
If I understand the process properly and the interview is successful/Visa is approved, it is good for 6 months from the date of approval? Is this correct? Also, If we leave at 5 months and two weeks intot he 6 month VISA, it is only good for two more weeks right?
If the time line is correct and we get the interview/approval between Dec and Jan, the problem will be I am deployed until some time in Jun and the 6 month may pas before we can leave the Philippines.
I found an extension request in the example forms with this statement, "It is my understanding that pursuant to 9FAM 41.81 N3.1 (Period of validity), the consulate can extend the approval notice for another 4 months, if my fiancé and I remain legally free to marry and continue to plan to marry after my fiancé enters the United States."
As I understand it, this is a request for an extension on the VISA for 4 months. Is this corrrect? I see no justification, should I include a justification in the request?

Thanks, Payato.... Day 5.....
Yodrak
Payato,

The section of the FAM that you reference is talking about the I-129f petition approval, not the visa.

The consulate should be willing to work with you to delay issuing the visa until a date that will be compatible with your return to the USA, especially if you will on duty at the embassy.

Yodrak

QUOTE(Payato @ Jun 30 2006, 01:05 PM) *
Here is the situation. We already sent in the I-129F this week. We have not received NOA1 yet. I just found out I may be deploying for 6 months to my fiancee's location on Embassy duty beginning Dec 06 or Jan 07. Looking at the time lines for California and Manila, we could get our NOA2 before I deploy and her interview somewhere around Dec-Jan.
If I understand the process properly and the interview is successful/Visa is approved, it is good for 6 months from the date of approval? Is this correct? Also, If we leave at 5 months and two weeks intot he 6 month VISA, it is only good for two more weeks right?
If the time line is correct and we get the interview/approval between Dec and Jan, the problem will be I am deployed until some time in Jun and the 6 month may pas before we can leave the Philippines.
I found an extension request in the example forms with this statement, "It is my understanding that pursuant to 9FAM 41.81 N3.1 (Period of validity), the consulate can extend the approval notice for another 4 months, if my fiancé and I remain legally free to marry and continue to plan to marry after my fiancé enters the United States."
As I understand it, this is a request for an extension on the VISA for 4 months. Is this corrrect? I see no justification, should I include a justification in the request?

Thanks, Payato.... Day 5.....


Ken_Maria
Thanks, So this means we need to ask the Embassy to delay issuing the VISA instead of getting the approval then requestion the extension? Payato
Linababe
OR can he not delay sending in the paperwork etc for the next stages like when they send the pack 3 delay in sending it back for a month or so, and then wait till you get interview date and see at that point how far down the dates you are and maybe even reschedule a new date for later on.
john_and_marlene
QUOTE(Linababe @ Jun 30 2006, 11:17 AM) *

OR can he not delay sending in the paperwork etc for the next stages like when they send the pack 3 delay in sending it back for a month or so, and then wait till you get interview date and see at that point how far down the dates you are and maybe even reschedule a new date for later on.


In Manila, there is no packet 3. You don't send anything back to the consulate before the interview. The medical and the interview are scheduled by the consulate. The medical is sent to the consulate by St Luke's Medical Center and everything else is brought to the interview on the scheduled date. At least 1 VJer has asked for the interview to be delayed and didn't have any problem with having that done.
Yodrak
Linababe,

This is a high-risk approach. Time lost by delay in filing paperwork cannot be recovered later on should other delays occur. Consulates are generally easy to work with when requesting delay but can be rather difficult when requesting expedite.

The safest thing to do is get the case ready to be processed and ask the consulate to sit on it for a while. Payato has good reasons, his request should be easy for the consulate to accomodate.

Yodrak

QUOTE(Linababe @ Jun 30 2006, 01:47 PM) *
OR can he not delay sending in the paperwork etc for the next stages like when they send the pack 3 delay in sending it back for a month or so, and then wait till you get interview date and see at that point how far down the dates you are and maybe even reschedule a new date for later on.
Ken_Maria
QUOTE(Linababe @ Jun 30 2006, 06:17 AM) *

OR can he not delay sending in the paperwork etc for the next stages like when they send the pack 3 delay in sending it back for a month or so, and then wait till you get interview date and see at that point how far down the dates you are and maybe even reschedule a new date for later on.


Thanks, I do not intend to delay sending any papers as that would be counter productive. I will not be working in the Immigrations section, but I am sure the Ambassadors office can point me in the right direction to get the extension or dealy in interview. I still can not believe we go lucky enough for me to be there 6 months before we come back to the states. Good sign I hope.
Thanks for the advice everyone. Payato
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