Jump to content
Sign in to follow this  
naynay5885

Approved too Soon??? HELP!

12 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: United Kingdom
Timeline

Hi folks!

So, my fiance and I applied for his Fiance visa in May, and just got my NOA2! Great news right?? WRONG! We are not getting married until February, and he has 2 trips over here in between. One in July, and one in October during half term (he is a teacher).

The timeline says that the K-1 Must be issued within 4 months of the approval date at the "service center" Does this mean USCIS or NVC?? It has not gotten to NVC yet. We have to carefully postpone his interview until after the October trip, as he will obviously only be allowed a 1 time entry after they issue the visa.

If the approval date counts from the USCIS, he might not be able to come in October as planned!! How does one go about filing an extension on the approval?? We would only need to extend by about 2 weeks, as his trip is October 23-30 (exactly 4 months from now!)

Any help?? Suggestions???

-Renee

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Scotland
Timeline

Hi folks!

If the approval date counts from the USCIS, he might not be able to come in October as planned!! How does one go about filing an extension on the approval?? We would only need to extend by about 2 weeks, as his trip is October 23-30 (exactly 4 months from now!)

Any help?? Suggestions???

-Renee

When we went through this last year, we were able to wait before sending the Packet 3 documents back. We didn't because we wanted to be together ASAP. For people with other needs there are some things you can still do.

No need to file an extention. P3 won't be sent to your husband for another month and then you can delay sending it back.They will not set an interview until 6-8 weeks after the P3 is sent back. There are still a few things you have to do before you send that back.. get the police cert and the I134 paperwork, then schedule your medical after you send the P3 back to the embassy.

Edit: These timeframes are for the London Embassy only.

Edited by Jewel-8

Our VisaJourney started July 2009 when I mailed the 129-F

Fiance here February 2010, married 10 days later

GC received in the mail 10-Jun-2010

Able to apply to remove conditions 12-Feb-2012

BABY GIRL BORN JULY 2011!!!

Share this post


Link to post
Share on other sites

You do know that once the visa is issued, you have 6 months usually (check the date) to use it?

That you can enter the US on another visa or vwp without using the K-1. (Umit still has a valid B-2 visa, and could of used that instead of the K-1). I have read some posts where CBP asked the person which visa they were using (same scenario)

I would not recommend to "delay" sending back paperwork, the embassy works in a time line (based on the expiration of the petition) - they normally extend that (based on their needs) but it's not always a given.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: England
Timeline

That you can enter the US on another visa or vwp without using the K-1. (Umit still has a valid B-2 visa, and could of used that instead of the K-1). I have read some posts where CBP asked the person which visa they were using (same scenario)

I wouldn't necessarily rely on this. I don't know from experience myself, but when I was trying to plan out my time line I posted a question on the message boards asking if my Fiance received his K-1 and wanted to enter on another visa and then use the k-1 later in the 6 month validity period, would that be feasible? I was advised by the very wise and knowledgeable VJ members that it was up to the immigration officer at the POE whether or not to allow it but the general consensus was that it would be a risky move.

Again, I want to reiterate that I don't know from experience but I was just reading this thread and thought I'd put it out there.

Also, I know this probably isn't helpful or what you want to hear, but congrats anyway on getting through to this point quickly and smoothly and seemingly without any hassle. If only everyone could be so fortunate! :luv:

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Philippines
Timeline

That you can enter the US on another visa or vwp without using the K-1. (Umit still has a valid B-2 visa, and could of used that instead of the K-1). I have read some posts where CBP asked the person which visa they were using (same scenario)

Primarily Canadians who have had limited success with this... I have never heard of anyone else from another country other than Canada do this successfully


YMMV

Share this post


Link to post
Share on other sites

You do know that once the visa is issued, you have 6 months usually (check the date) to use it?

That you can enter the US on another visa or vwp without using the K-1. (Umit still has a valid B-2 visa, and could of used that instead of the K-1). I have read some posts where CBP asked the person which visa they were using (same scenario)

I would not recommend to "delay" sending back paperwork, the embassy works in a time line (based on the expiration of the petition) - they normally extend that (based on their needs) but it's not always a given.

I was under the impression that the B-1/B-2 visa was cancelled once the K-1 was issued???????????

Share this post


Link to post
Share on other sites

I was under the impression that the B-1/B-2 visa was cancelled once the K-1 was issued???????????

Why would the visa be cancelled? They are two seperate things.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

THank you for all of the responses!

Yes, some way some how my petition was approved in just about 6 weeks! We're excited but a little bummed as we originally wanted to get married in October but felt that it was totally unrealistic due to the visa processing time! Now it looks like that would've been the best option!! Oh well, more time = more planning!

Being British, he does usually travel under the VWP, but I am pretty sure that it is disregarded once the K1 is issued. What I think we will have to do once his packet is received is call the Embassy in London and request an extension. He would ideally have his interview the first week of NOvember, so it is only a 2 week extension! Hopefully they will allow this. Has anyone out there ever asked for an extension before? I know it seems like I'm crazy extending our visa and not being together right away, but we have already made set wedding plans for February, and will have a lifetime together after that :)

Share this post


Link to post
Share on other sites

Naynay,

It says on your timeline that you got your NOA2 in 6 weeks. Not your visa. You've still got a couple of months before you'll have that. Your petition will be sent to the NVC (National Visa Center) where it'll be put through another (usually swift) round of checks, and then send it on to the embassy. Your fiance will still have to go through the whole interview process (including medical exam) before a visa is approved and issued.

It will probably be August before he's interviewed and approved at this rate, and then he'll have 6 months to use the visa to enter the US. October seems like a very good estimate for an arrival, giving plenty of time to tie up loose ends.


Angela & Peter

usa.gift4527.gifuk.gif

K-1 Process (Condensed)

02/01/10: Took atty's bad advice and applied for B2 visa

02/16/10: B2 Visa Interview: DENIED - K1 Required

05/07/10: Atty sent I-129F Petition to Chicago Lockbox

05/31/10: Atty rec'd Petition back due to wrong location

06/01/10: I-129F pkg sent to VSC

06/11/10: NOA1 Rec'd/Touch

09/17/10: INTERVIEW = APPROVED

10/22/10: Marriage in the US

AOS Process

11/13/10: Mailed Packet to CHI Lockbox

11/18/10: NOA1 Rec'd via Text

11/20/10: Soc. Sec. fixed mistake/Processed SSN

11/23/10: Rec'd SSN

11/23/10: Touch

12/09/10: RFE - Supposedly didn't sign I-864 when I KNOW I did. (Copies to prove it.)

12/20/10: Biometrics Appt

12/20/10: RFE Response Rec'd/Processing Resumed

12/27/10: Transferred to CSC

12/29/10: Contacted Senator re: EAD Expedite Request

12/30/10: AOS Touch

12/30/10: EAD & AP Approved (Card Production Ordered)

01/05/11: AOS Touch (Rec'd @ CSC)

01/06/11: AOS Touch/EAD Mailed

01/08/11: EAD & AP Rec'd

01/10/11: AOS Touch

01/14/11: EAD Touch

01/26/11: AOS APPROVED!!

02/02/11: Green Card Received

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: United Kingdom
Timeline

He intends just to visit me in October...not stay! Which is why we DONT want an interview before then! lol. I know, it seems ridiculous, but he is a teacher, and is not formally taking leave until after the semester is up in January. So, if they stamp his passport before October 23 (his visit), he will be unable to visit, because my understanding is that it is a 1 time entry (despite his VW status). We are trying to figure out how to push back the interview, just a few weeks, so that he is able to see me in between july (his next visit, which we are also terrified about bc he is coming for a month!!!) and January.

I've seen on other VJ'ers forums that they have delayed sending the paperwork back, in hopes for a later interview, causing the Embassy to automatically renew the paperwork. Just don't know if this option will be risky... He will be in the states July 26-Aug 25, so he will be unable to gather any of his paperwork during that time.

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Scotland
Timeline

I've seen on other VJ'ers forums that they have delayed sending the paperwork back, in hopes for a later interview, causing the Embassy to automatically renew the paperwork. Just don't know if this option will be risky... He will be in the states July 26-Aug 25, so he will be unable to gather any of his paperwork during that time.

The P3 also allows you to write in which dates you are traveling and planning to get married. Sometimes they schedule your interview to work out with that, often times they don't. If, for some reason despite your attempts to get it perfect, you get an interview date that is too soon you can call the London line that costs about $16 and get the email code. Once you email regarding rescheduling the interview they usually take care of it quickly and you get the outcome you would like.


Our VisaJourney started July 2009 when I mailed the 129-F

Fiance here February 2010, married 10 days later

GC received in the mail 10-Jun-2010

Able to apply to remove conditions 12-Feb-2012

BABY GIRL BORN JULY 2011!!!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...