Looking for thoughts / advice on timing

[rs1971 0]

Hi,

My fiancee is a Colombiana who is currently and temporarily living in Santiago, Chile. She will be returning to Bogota, Colombia, where we'll be processing her visa, the first week of September. Based on the timelines I've seen on this site, it seemed safe to send the petition off as soon as possible, especially considering that in the unlikely event that the process went faster than expected, she could always return to Bogota sooner.

However, the situation has changed in a couple of ways. First, it turns out that she will be in Spain from the 20th of June until the 10th of August which makes an early return (at least in that time frame) impossible. The other thing is that it seems that recently people have been getting NOA2s really quickly. So, now I'm wondering if I should send off the petition now, or wait a while.

The thing that I'm not terribly clear about is what happens after the application leaves the NVC for Bogota and they send my fiancee the first packet. Does some sort of clock start ticking then, or is there no particular hurry for her to take action? That seems to be the crucial piece of information that I'm missing. Does anyone know the answer? I'm torn between not wanting to delay the process and not wanting to mess things up by her not being available to be in Bogota in time.

If anyone who understands the post NVC process, could offer some advice I'd really like to hear it.

Thanks in advance.

-rs1971

[FrancElsie 6]

I went through this process in Colombia in 2007/2008. When your case is forwarded from the NVC to the Embassy in Bogota, they will send Packet #3 to your fiancee'. There will be a list of things she will need to bring to the interview and full instructions on how to complete them...in Spanish. When she is ready with all the items, she will FAX in the OF-169, DS-156 and DS-156K forms which indicate that she is "ready" to have the interview scheduled. When the Embassy receives this FAX, they will generate a letter stating when the interview is scheduled. They sent me a copy which I still have...it says:

Estimado (Name)

Esta oficina esta lista para iniciar los tramites finales sobre la solicitud de visa inmigrand de (de los) solicitante(s) que aparece(n) a continuation en esta expediente. Se ha concertado una cita para llevar a cabo la entrevista de solicitud de visa en la seccion de visas de inmigrante en la fecha que aparece al pie de la pagina. Se debe presentar esta carta al llegar a la oficing en el dia de la cita.

Sirvase examinar la informacion adjunta para obtener mayor informacion acerca de examen medico al que deben someterse todos los futuros inmigrantes. Asegurese de leer toda la informacion adjunta y sequier muy cuidadosamente las instrucciones contenidas en la misma. Al comunicarse con esta oficina, bien sea, por telefono o por carta, debera referirse siempre a su nombre y numero de expediente, tal y como aparecen al pie de la pagina.

Atentamente,

Jefe Seccion de visas de Inmigrante

Cita para la solicitud de visado

Date: 12 Marzo 2008 Time: 07:00

Numero de Caso: BGT2007XXXXX

Fiance': (Her Name) DOB: xx/xxx/xxxx

Child: (Child's Name) DOB: xx/xx/xxxx

Well, all this process fell apart a few weeks prior to her interview. I discovered that she had a boyfriend and was cheating on me. Sooooooo....I promptly FAXed a "Withdrawal of Petition" letter to the Embassy and cancelled everything. This information is relatively recent and the $131 fee has not changed. So, I hope that in some way I was able to help you.

Best Wishes,

Franc

PS Oh...and I divorced her immediately.

Edited April 5, 2010 by FrancElsie

[JimVaPhuong 4,863]

The consulate will allow some time to respond to packet 3. I don't know the specific time allowed by the consulate in Bogota, but 1 year is not uncommon. Check with the consulate to be absolutely certain. If you go beyond their time limit then they will consider the application to have been abandoned, though they might resurrect it upon request.

The petition approval is also only valid for 4 months. The consulates have the authority to renew the approval, and most will do so automatically. Some consulates may ask that you send them a letter or email asking for the petition approval to be renewed. Again, check with the consulate. They should be able to answer both questions with a single email.

[rs1971 0]

The consulate will allow some time to respond to packet 3. I don't know the specific time allowed by the consulate in Bogota, but 1 year is not uncommon. Check with the consulate to be absolutely certain. If you go beyond their time limit then they will consider the application to have been abandoned, though they might resurrect it upon request.

The petition approval is also only valid for 4 months. The consulates have the authority to renew the approval, and most will do so automatically. Some consulates may ask that you send them a letter or email asking for the petition approval to be renewed. Again, check with the consulate. They should be able to answer both questions with a single email.

Hi JimVaPhong,

Thanks for taking the time to reply. If the consulate in Bogota, really does allow a year to respond, then we're all set and there is no reason for me not to submit my petition right now. I didn't realize though that the process varied from consulate to consulate so I'll have to try to find something on Bogota specifically to be sure.

One thing though about your response isn't clear to me. Let's say for the sake of argument that Bogota really does allow a year for the fiance(e) to respond, how does that work with the four month lifetime you mention for the petition? When does that four month window start and when does it end? It sounds like it starts when the petition is approved and ends after the fiance(e) interview. But if that's the case, how could any consulate possibly give the fiance(e) a year to respond? Wouldn't the petition expiration date require that the fiance(e) would have to respond in less than four months? (much less really, considering the time lost at the NVC and the time to mail out the packet). Where am I confused?

-rs1971

I went through this process in Colombia in 2007/2008. When your case is forwarded from the NVC to the Embassy in Bogota, they will send Packet #3 to your fiancee'. There will be a list of things she will need to bring to the interview and full instructions on how to complete them...in Spanish. When she is ready with all the items, she will FAX in the OF-169, DS-156 and DS-156K forms which indicate that she is "ready" to have the interview scheduled. When the Embassy receives this FAX, they will generate a letter stating when the interview is scheduled. They sent me a copy which I still have...it says:

Estimado (Name)

Esta oficina esta lista para iniciar los tramites finales sobre la solicitud de visa inmigrand de (de los) solicitante(s) que aparece(n) a continuation en esta expediente. Se ha concertado una cita para llevar a cabo la entrevista de solicitud de visa en la seccion de visas de inmigrante en la fecha que aparece al pie de la pagina. Se debe presentar esta carta al llegar a la oficing en el dia de la cita.

Sirvase examinar la informacion adjunta para obtener mayor informacion acerca de examen medico al que deben someterse todos los futuros inmigrantes. Asegurese de leer toda la informacion adjunta y sequier muy cuidadosamente las instrucciones contenidas en la misma. Al comunicarse con esta oficina, bien sea, por telefono o por carta, debera referirse siempre a su nombre y numero de expediente, tal y como aparecen al pie de la pagina.

Atentamente,

Jefe Seccion de visas de Inmigrante

Cita para la solicitud de visado

Date: 12 Marzo 2008 Time: 07:00

Numero de Caso: BGT2007XXXXX

Fiance': (Her Name) DOB: xx/xxx/xxxx

Child: (Child's Name) DOB: xx/xx/xxxx

Well, all this process fell apart a few weeks prior to her interview. I discovered that she had a boyfriend and was cheating on me. Sooooooo....I promptly FAXed a "Withdrawal of Petition" letter to the Embassy and cancelled everything. This information is relatively recent and the $131 fee has not changed. So, I hope that in some way I was able to help you.

Best Wishes,

Franc

PS Oh...and I divorced her immediately.

That doesn't help me with the question regarding the time frame specifically, but it's all great background information so thanks a lot for having taken the time to reply.

-rs1971

[JimVaPhuong 4,863]

Hi JimVaPhong,

Thanks for taking the time to reply. If the consulate in Bogota, really does allow a year to respond, then we're all set and there is no reason for me not to submit my petition right now. I didn't realize though that the process varied from consulate to consulate so I'll have to try to find something on Bogota specifically to be sure.

One thing though about your response isn't clear to me. Let's say for the sake of argument that Bogota really does allow a year for the fiance(e) to respond, how does that work with the four month lifetime you mention for the petition? When does that four month window start and when does it end? It sounds like it starts when the petition is approved and ends after the fiance(e) interview. But if that's the case, how could any consulate possibly give the fiance(e) a year to respond? Wouldn't the petition expiration date require that the fiance(e) would have to respond in less than four months? (much less really, considering the time lost at the NVC and the time to mail out the packet). Where am I confused?

-rs1971

That doesn't help me with the question regarding the time frame specifically, but it's all great background information so thanks a lot for having taken the time to reply.

-rs1971

The four months begins on the day the petition is approved by USCIS. Some consulates are so backlogged that they can't possibly get the interview finished before the petition expires, and they automatically renew the petition approval. Most others will also renew the petition approval automatically if it looks like the interview is going to be after the petition would have expired.

The point is that the consulate will usually continue to renew the petition approval as long as they know that the applicant still intends to apply for the visa. As I said, check with the consulate and see what they'll need. You may need to send them an email or letter after they receive the petition, letting them know what your timeframe is.

[dakay ♥ 10]

The thing that I'm not terribly clear about is what happens after the application leaves the NVC for Bogota and they send my fiancee the first packet. Does some sort of clock start ticking then, or is there no particular hurry for her to take action? That seems to be the crucial piece of information that I'm missing. Does anyone know the answer? I'm torn between not wanting to delay the process and not wanting to mess things up by her not being available to be in Bogota in time.

If anyone who understands the post NVC process, could offer some advice I'd really like to hear it.

Thanks in advance.

-rs1971

after the application leaves the NVC could take 1 or 2 weeks to arrive to the embassy, at this point, you could wait until your fiancee is feels ready to get the appointment for the interview, it means, she has to send the packet 3 (ds-230 part I and ds-2100). After she has sent the pck 3, the interview date could be scheduled 4-6 weeks later. But also, you have the option to reschedule, if for any reason she can't assist to the interview

[Vivi6 12]

after the application leaves the NVC could take 1 or 2 weeks to arrive to the embassy, at this point, you could wait until your fiancee is feels ready to get the appointment for the interview, it means, she has to send the packet 3 (ds-230 part I and ds-2100). After she has sent the pck 3, the interview date could be scheduled 4-6 weeks later. But also, you have the option to reschedule, if for any reason she can't assist to the interview

I had a similar issue since I wanted to be able to be in Italy enough time to save money and to be with my family before I moved. I actually took over a month to send packet 3, and from that time it took exactly 5 weeks before I was able to schedule an interview. They then offered me an interview on Feb 2nd, but I rescheduled it for the 16th without any issues. And yes, the petition automatically gets renewed as long as you follow up within the timeframe they give you (check with the Embassy). So I think all in all your fiancee should have enough time to travel and do her things, I suggest you submit it now(ish) as other members suggested as well.

Good luck!