Valid Reason for Extending I-129?

[kjeff 0]

Hello,

My fiance is from the UK and I'm an American citizen. I've just poured over the current data collected by everyone on this website on how long it takes a visa to be approved from sent date to approval. Our issue is that my fiance is currently a student and graduates in early June/late May 2011. We'd like to get married in July or August of 2011 so I've been trying to calculate some sort of a time line. From what I can see, it currently takes about 5 to 9 months from a fiance from the UK to have their I-129 approved. I figured that since the I-129 lasts for 4 months we'd probably what to have it approved by May 2011. If I figure the max amount of time it could possibly take being 9 months (this all being speculative), I should send in the information in early August of 2010. My one problem is; what if the form is approved faster and it expires before July/August? I know it's possible to get an extension, but (1) how much do they cost and (2) is 'my boyfriend is still at university and hasn't graduated yet' a valid reason?

Thanks for any help you can give me!!!

[HenryH 0]

The K-1 Visa, once issued, has an expiration of 6 months. There are ways to delay the issue of the visa by extending the date of the interview, which would grant you another 2 months or so. The embassy usually automatically extends the expiry date of the petition, for later interviews. But maybe want to check with the particular embassy. So you've got 2 months possible to delay, plus another 6 months for the visa to be used. I'm sure others may chime in here as well but I'm pretty sure thats how it works. You say you're delaying to send in the petition?

[HenryH 0]

I just reread your post, the process is estimated at 5-9 months, assuming everything goes well, you can get it in 5. If you submit the petition in August, and it only takes 5 months, Thats January, plus 6 months for the visa = July (they have to be on the plane for the U.S.), Plus 90 days to get married, so you have until October technically for the wedding. Of course if it takes longer than 5 months, you're still good.

Again, the K-1 Visa Expires in 6 months (meaning they have to leave their country in that 6 months, or they're not leaving.) Plus 90 days time to be married. (recommend not waiting til the very end though)

[Cutefemcop 0]

Hello,

My fiance is from the UK and I'm an American citizen. I've just poured over the current data collected by everyone on this website on how long it takes a visa to be approved from sent date to approval. Our issue is that my fiance is currently a student and graduates in early June/late May 2011. We'd like to get married in July or August of 2011 so I've been trying to calculate some sort of a time line. From what I can see, it currently takes about 5 to 9 months from a fiance from the UK to have their I-129 approved. I figured that since the I-129 lasts for 4 months we'd probably what to have it approved by May 2011. If I figure the max amount of time it could possibly take being 9 months (this all being speculative), I should send in the information in early August of 2010. My one problem is; what if the form is approved faster and it expires before July/August? I know it's possible to get an extension, but (1) how much do they cost and (2) is 'my boyfriend is still at university and hasn't graduated yet' a valid reason?

Thanks for any help you can give me!!!

I wouldn't wait...My fiance is from the U.K. and we started are process in March 2009, they have lost or packet 3 and asked that we send another one in. So we did a delivery confirmation and it shows they received it on 12/29/2009, I called last week and they STill say they have not received it....I starting to get pissed as we are coming up on a year. He's already done the medical and everything...we just want a freakin interview date!! Good Luck

[kjeff 0]

I just reread your post, the process is estimated at 5-9 months, assuming everything goes well, you can get it in 5. If you submit the petition in August, and it only takes 5 months, Thats January, plus 6 months for the visa = July (they have to be on the plane for the U.S.), Plus 90 days to get married, so you have until October technically for the wedding. Of course if it takes longer than 5 months, you're still good.

Again, the K-1 Visa Expires in 6 months (meaning they have to leave their country in that 6 months, or they're not leaving.) Plus 90 days time to be married. (recommend not waiting til the very end though)

Is the 6 months a new thing? I just read on the State Department website today that it's only 4 months. It said, "The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires."

[SunDrop 59]

Is the 6 months a new thing? I just read on the State Department website today that it's only 4 months. It said, "The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires."

The I-129F is valid for 4 months, the visa itself is valid for 6. What that means is that you have 4 months to play with getting your interview paperwork sent to the embassy (packet 3) but once interviewed and approved, your K1 visa would be valid for 6 months from the date of issue.

Be careful when you're looking at stats to check the time between NOA2 (the I-129F approval) and when they submitted their packet 3 when calculating estimations of processing times.

Looking at all this yesterday, knowing we're filing at the end of January, I've reckoned approx. 3 months to NOA2 from filing and another 3-4 to visa issuance, assuming we are on the ball with contacting the DOS and USCIS and/or checking electronic updates. In our case, we would like our visa as quickly as possible, so as soon as I've compiled the I129F, I'm getting all the packet 3 documents together, with the exception of the I-134 (because there'll be a new set of tax returns) and payslips, which should be a little more current at interview, especially as London traditionally is more finance orientated than validity of the relationship (compared to say New Delhi).

[Justine+David 218]

I'd recommend filing some time within the next couple of months.

You never know what might happen down the visa road and it's better to file now since you are a UK citizen.

This is because the London embassy will allow your petition to stay active for up to a year after you get NOA2, as long as you are in contact with them and have starting sending documents by 4 months post-NOA2.

Not every consulate has this luxury, but the London consulate is very easy to get through with uncomplicated cases (i.e. the UK is a low-fraud country) and the extension is in uncomplicated cases a no-brainer.

Good luck! And welcome to VJ

edit: You mentioned that your fiance is a student. Is he a naturally born UK citizen or is he on a student visa from another country? That can complicate things if not...

Edited January 18, 2010 by Justine+David

[K and L 27]

Work backwards! The K1 visa is a multi-stage one. You jointly file the I-129F (which typically takes around 3 months, but can take 5 or longer). With an approved I-129F, you've got 4 months (without doing anything) to interview for the K1 visa. Once the K1 has been issued, you've got 6 months (and only 6 months) to utilize it (and get a I-94 upon arrival). Once you've arrived, the K1 is only valid for 90 days (at which point immigration becomes much more complicated if you marry on the 91st day).

Ffor a July/August '11 wedding, you can't max out the 90 days -- he can't arrive in April. But let's say he comes in mid-to-late June '11, after graduation. This means he'd have to have been approved for the visa in mid-to-late December '10 (6 months earlier). Maximizing the 4 months (without trying to delay more) between the I-129F approval and the K1 interview, your petition would need to be approved in mid-to-late August '10 (4 months earlier). Using the average I-129F turn around time, that means you'd want to file in mid-to-late May '10 (3 months earlier).

But, as Justine+David said, UK has a lower fraud rate, and I've heard that it is more willing to give extensions than some of the other embassies. In all honesty, I would probably consider filing in February or March and delaying the interview until his December/January school break (and hopefully, you can join him - less "for the interview" and more for spending the holidays with him!). That way, if your I-129F takes longer (from RFEs or because the service centers switch from primarily working on K1s to K3/IR1s), or problems occur at the first interview requiring a second interview or additional documentation or AP, it should be resolved in time for your desired wedding date.