Extending time before K-1 interview

[luna_azul0609 6]

My fiance and I just received a notice that the petition for the K-1 visa has been approved. On the top it says valid from 12/21/2009 until 4/20/2010. I was wondering, is possible to have the interview after April 20th? My fiance and I are currently living together in his country and we want to stay here a little longer before moving to the U.S. If it is possible to extend the time before the interview, how do we do so and for how long can it be extended?

Thanks

[Otto 83]

The date-range you're referring to is the validity of the approved I-129f petition (valid for 4 months once approved) - it isn't a date you should necessarily be concerned with.

The big picture of what is to come is; the approved petition will go to the Consulate/Embassy - then an interview is scheduled. Usually this is done within that 4-month period but not always. (If it takes longer, the Consulate/Embassy can/will extend this period.)

Once the interview takes place - and presuming the K-1 visa is approved and issued; the beneficiary (foreign fiancé) will have 6-months to 'use' the visa by entering the US. Would you need more time than this?

[Susita 175]

My fiance and I just received a notice that the petition for the K-1 visa has been approved. On the top it says valid from 12/21/2009 until 4/20/2010. I was wondering, is possible to have the interview after April 20th? My fiance and I are currently living together in his country and we want to stay here a little longer before moving to the U.S. If it is possible to extend the time before the interview, how do we do so and for how long can it be extended?

Thanks

Hey, once the visa is issued it has a validity of 6 months. So basically you can enter the US with it before it's expiration date. I wouldn't put off the interview though. When do you plan on leaving Peru?

[luna_azul0609 6]

I was planning on leaving Peru around September, but the longer I am here, the better. If we have the interview in April, and the visa is issued, it would give us until October to enter the US, right?

[Sinergy 3]

October would be 6 months to April. Once your visa is approved you have exactly 6 months to get married in the USA. In my opinion I would leave for the US as soon as you have the visa and get married before the 6 months. Why you would want to wait in Peru for 6 months then try to rush back to the states is risking the whole process you just went through.

[bora bora 1]

I was planning on leaving Peru around September, but the longer I am here, the better. If we have the interview in April, and the visa is issued, it would give us until October to enter the US, right?

If you take your time returning the paperwork to the consulate then that should put off your interview date.

[Susita 175]

October would be 6 months to April. Once your visa is approved you have exactly 6 months to get married in the USA. In my opinion I would leave for the US as soon as you have the visa and get married before the 6 months. Why you would want to wait in Peru for 6 months then try to rush back to the states is risking the whole process you just went through.

You have 90 days to get married once you arrive in the US with a K-1 Visa... so please don't give the poster misinformation. Whenever they get to the US, as long as it's within the 6 month timeframe, they would then have 90 days to get married. No rush needed.

[Susita 175]

If you take your time returning the paperwork to the consulate then that should put off your interview date.

Not true. Peru doesn't require that the visa applicant return the paperwork by mail. You bring it with you to the interview. They give you the interview date in the letter with the paperwork they send you. Again, please don't give the poster misinformation. Every consulate is different.

I was planning on leaving Peru around September, but the longer I am here, the better. If we have the interview in April, and the visa is issued, it would give us until October to enter the US, right?

Yes. But it is EXACTLY 6 months - go by the date on your visa when you get it.

[DainandVicky 4]

You have 90 days to get married once you arrive in the US with a K-1 Visa... so please don't give the poster misinformation. Whenever they get to the US, as long as it's within the 6 month timeframe, they would then have 90 days to get married. No rush needed.

Technically you're out of status until you file your AOS if your visa expired, even if you're married... Don't give the OP misinformation.

[Susita 175]

Technically you're out of status until you file your AOS if your visa expired, even if you're married... Don't give the OP misinformation.

This isn't true. The date on the Visa is for entry ONLY. It's invalid the minute you step foot in the US and cannot be used for re-entry, etc. The immigration officer will tell you that, no matter the date your visa expires, you have 90 days to get married once you get into the US and should file AOS immediately after. You will still be here legally in the US.

[DainandVicky 4]

This isn't true. The date on the Visa is for entry ONLY. It's invalid the minute you step foot in the US and cannot be used for re-entry, etc. The immigration officer will tell you that, no matter the date your visa expires, you have 90 days to get married once you get into the US and should file AOS immediately after. You will still be here legally in the US.

Actually, I am confusing the two timelines. My mistake, I had to re-read this one myself, I knew there was a law pertaining to the time to file AOS, but it's relative to the 90 days after entry, not the 6 months the visa is valid for.

"After marriage, your fiance (now your spouse) can apply for Adjustment of Status to be able to live and work permanently in the US. If your fiance does not want to become a permanent resident after marriage, your fiance (now your spouse) must leave the US within the original 90 days duration."

"Don't leave the US if you are late by 6 months or more as you would be subject to 3 years (more than 180 days illegally) or 10 years (more than 1 year illegally) bars for re-entering the US."

"If you are late in getting married and filing green card application, and USCIS catches you and puts you into removal proceedings, you will have to file the green card in immigration court. Application paperwork is the same but the immigration judge will look harder at your case to make sure that the marriage is bona fide, and you had genuine reasons for delay."

[Sinergy 3]

You have 90 days to get married once you arrive in the US with a K-1 Visa... so please don't give the poster misinformation. Whenever they get to the US, as long as it's within the 6 month timeframe, they would then have 90 days to get married. No rush needed.

yes i stand corrected...i left out the "you have 6 months to enter the US on the visa...then you have 90 days to get married"

that wasnt misinformation, it was the right information however i failed to adv on the 6 months before entering the US. my information was correct per entering the US.

Im also happy to see the OP updated their timeline, it helps.

Edited January 7, 2010 by Sinergy

[Susita 175]

Now that it's all worked out, I wish the poster BUENA SUERTE!!!

We had a good experience at the Lima Peru embassy and I hope you have the same

[luna_azul0609 6]

Thank you for all the replies!

As Susita said, our interview has already been scheduled at the Embassy in Lima in the letter we received. We are scheduled for the first week in February and I know that we won't be ready for it at that time. There are quite a few documents that we need to have ready for the interview that will take some time to get. We were not prepared because we did not expect the NOA2 to be approved so quickly, also we are living together so there is no rush to finish the process in order to see each other. Has anyone requested for the interview time to be postponed? I am starting to think we should start the process over when we feel more ready to leave, just feels awful to have spent all that time and money already.