Question about NOA2

[anthill 5]

Hi Everyone,

On my NOA2 it says valid from 03/18/2010 to 07/18/2010. What exactly does this mean? Thanks.

[Florianns Man 7]

It means that the approval of the petition is valid only until that date, which is 4 months from the date that the approval was given. After that, the approval is null and void.

Consular officials have the authority to extend the approval, which they will do as a matter of course if the beneficiary is pursuing the visa application. However, if the consulate has not heard from the beneficiary after being notified that they can submit their visa application (aka Packet 3), the consulate will eventually send the petition back to USCIS.

[L&V 1]

It means that within the noted time frame, the visa must be approved (assuming all the requirements are satisfied). However, if you think the interview will be scheduled close to or after the expiration date, then the USC must file for an I-129F petition extension. The "revalidation" will be good for another 4 months.

Here's the official information from the Foreign Affairs Manual (FAM):

______________________________________________________________________________

9 FAM 41.81 N6.2 Validity of a K-1 Petition

(TL:VISA-581; 09-03-2003)

An approved K-1 visa petition is valid for a period of four months from the date of Department of Homeland Security (DHS) action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the U.S. Department of State Foreign Affairs Manual Volume 9―Visas

9 FAM 41.81 Notes Page 5 of 13 beneficiary, the petition should be returned to the approving office of DHS with an explanatory memorandum. (See 9 FAM 41.81 PN7 for revalidation procedure.)

_______________________________________________________________________________

[Oz88 0]

It means that within the noted time frame, the visa must be approved (assuming all the requirements are satisfied). However, if you think the interview will be scheduled close to or after the expiration date, then the USC must file for an I-129F petition extension. The "revalidation" will be good for another 4 months.

Does the USC NEED to file a petition extension request or is it done automatically by the consular officer?

Also, is the petition extension request just a letter from the USC (like the example in the downloads section of VJ)?

[JimVaPhuong 4,863]

Does the USC NEED to file a petition extension request or is it done automatically by the consular officer?

Also, is the petition extension request just a letter from the USC (like the example in the downloads section of VJ)?

This is like a game of tennis. The consulate sends packet 3 - they serve, the ball is now in the visa applicant's court. The visa applicant sends back the required forms in response to packet 3 - they return the serve, and the ball is now back in the consulate's court.

If the ball is currently in the consulate's court (i.e., the process is waiting for the consulate to do something) then the validity of the petition approval will USUALLY be extended automatically (important caveat coming...). If the ball is currently in the visa applicant's court then the clock is ticking, and the visa applicant or petitioner should request that the validity of the petition approval be extended if they think they're going to "have the ball" until after the current expiration date.

The important caveat - If the visa applicant is in AP after the interview, the consulate may require the visa applicant or petitioner to contact them at least every four months to verify that they are still pursuing the visa. If they don't, the consulate may suspend their investigation and close the case. It depends on the consulate.

In any case, it never hurts to ask the consulate to extend the validity of the petition approval if you know your expiration date is coming up. The request can often be an email or written notice - any sort of contact confirming that you're not abandoning the visa application.

[Oz88 0]

Thanks for the informative reply - I emailed them asking to extend the petition validity. Hopefully it all works out! Cheers!

[Sweet Dove 0]

It means that the approval of the petition is valid only until that date, which is 4 months from the date that the approval was given. After that, the approval is null and void.

Consular officials have the authority to extend the approval, which they will do as a matter of course if the beneficiary is pursuing the visa application. However, if the consulate has not heard from the beneficiary after being notified that they can submit their visa application (aka Packet 3), the consulate will eventually send the petition back to USCIS.

hi good day

what does it mean packet 3 and packet 4??

we got our NOA1 june 8, 2010 but we filed K1 visa March.

How long should i wait for our NOA2? we filed at NVC - vermont center

How many months to get our noa2?

Pls help me..

Thanks

[Sweet Dove 0]

It means that the approval of the petition is valid only until that date, which is 4 months from the date that the approval was given. After that, the approval is null and void.

Consular officials have the authority to extend the approval, which they will do as a matter of course if the beneficiary is pursuing the visa application. However, if the consulate has not heard from the beneficiary after being notified that they can submit their visa application (aka Packet 3), the consulate will eventually send the petition back to USCIS.

hi good day

what does it mean packet 3 and packet 4??

we got our NOA1 june 8, 2010 but we filed K1 visa March.

How long should i wait for our NOA2? we filed at NVC - vermont center

How many months to get our noa2?

Pls help me..

Thanks