Hi there,

Had a quick question and hoping the more seasoned folks here can help me quickly answer this....

Once the K3 is approved by the NVC and reaches the foreign consulate (which then sends Packet 3 to the spouse)... how much time does one have to send Packet 3 response/documents back and get an interview date before the chance to go for the K3 visa expires? Is it 6 months or 1 year after the application reaches the consulate?

Appreciate any insight you have on this or if there are any previous posts that have this info and I might have missed....

Thanks!
S

I'm sorry I don't know the correct answer to your question. If it's the same as the I-130 then it's one year, but I don't know for sure whether it is the same.

How far along in the process are you? Delaying a K3 by six months or more isn't to your advantage - your spouse could obtain a immigrant visa in that amount of extra time, less really. And there's a lot of advantages to the CR1/IR1 over the K3. However, if your I-129f is already approved and at the NVC, then it's pretty much a moot point.

EDIT - Nevermind. I've read some of your previous posts and see now that you wouldn't want the immigrant visa at this point anyway.

As a practical matter, the petitioner has no control over the return of packet three. It will be sent to the applicant and is up to her to return it. Nothing is needed from the petitioner unless it is just something she can't do without your assistance. You do have the option of emailing or faxing the Consulate to request a later interview date. That's probably a better option for keeping your options open because it doesn't look like you've abandoned the petition.

Thanks MargotDarko; given the current circumstances I'm being cautious and keeping it on the K3 track....

pushbrk, doesn't the Packet 3 however require assistance from the petitioner as documents need to be provided to the applicant (such as affidavit of support)? That's why I'm trying to figure out what is the max time after which they will consider the petition abandoned....

For most Consulates the affidavit of support is carried to the interview and handed over only if asked. Your wife may not be able to complete all the P3 forms without some input from you but she should know everything that goes in the forms.

thanks pushbrk....

Still hoping someone can answer my main question... does anyone know what is the max time after which a consulate will consider the K3 petition abandoned after sending P3 to applicant?


S

Still hoping someone can answer my main question... does anyone know what is the max time after which a consulate will consider the K3 petition abandoned after sending P3 to applicant?


S

not sure anyone knows..

have you done a google search?

you could also call / email your embassy

Check your NOA2, I believe there is an expiration date on your petition listed there. It's about 4 months from date of approval.

sunset,

If a consulate has heard nothing from the visa applicant in response to the visa application packet by the time that the petition approval expires then at any time after they can consider the process abandoned.

Best to discuss the specific issue that has you thinking about delay in making the visa application with the IV unit at the consulate in question. Also get an initial response submitted, at a minimum the DS-230-I form. Include an explanation of the circumstances, an estimate as to when the signed statement of readiness for interview will be submitted, and a request that the petition approval be renewed given the circumstances.

Don't count on there being a set period of time after which the petition will be considered abandoned. Most likely the consulate will periodically review 'inactive' cases and make a case-specific decision on each based on the documentation.

Yodrak

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