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kiki92

delay sending in packet 3

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Hello everyone!

I'm a newbie and would like your opinion about my case. Here's some background, filed k-1 Jan. 2010, consulate received file July 2010. My fiance and I had postpone sending in our packet 3 to HCMC consulate, we were hoping for a December 2010 interview, but we thought there's no way we could make it. The consulate didn't even send out packet 3 for us, so we had to download it from their website. My fiance is planning to turn in the paperwork directly to the consulate this Friday. Do you think the consulate will say anything about our delay in turning in packet 3? Will the consulate give us priority over other case that came after ours? Thank your so much for your input! :thumbs:

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Filed: AOS (apr) Country: Vietnam
Timeline

Pray that they didnt send the file back to NVC... The petition has already expired and they could have returned it with no response from the pkt 3 that they will say they sent... there will be no priority..


"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

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Filed: K-1 Visa Country: Vietnam
Timeline

You are given 1 year to pursue the visa application from the date the Packet 3 (Instruction Package) was sent to your fiance. After 1 year, the Consulate may terminate your visa application. Packet 3 does mention the need to notify the Consulate if you wish to delay processing of your case. Did you notify the Consulate when you made this decision?

If the Consulate received your case file in July 2010 AND you notified the Consulate of your wish to delay, then I think you should be okay since it was still within the 1 year period. Go ahead and submit your Packet 3 documentation to the Consulate and wait for further instructions. If you did not notify the Consulate, your petition probably expired and could have been sent back to NVC. Good luck!

Carl

Edited by cedwards001

6/1/09 - 6/11/09-----> First meeting (Japan)

11/11/09 - 11/21/09-----> Second meeting (Japan)

2/7/10 - 2/14/10-----> Third meeting (Vietnam) (First trip to Vietnam)

4/1/10 - 4/11/10-----> Fourth meeting (Vietnam) (Second trip to Vietnam)

5/5/10-----> I-129F: NOA1

8/27/10-----> NOA2

12/20/10-----> Interview Date

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You are given 1 year to pursue the visa application from the date the Packet 3 (Instruction Package) was sent to your fiance. After 1 year, the Consulate may terminate your visa application. Packet 3 does mention the need to notify the Consulate if you wish to delay processing of your case. Did you notify the Consulate when you made this decision?

If the Consulate received your case file in July 2010 AND you notified the Consulate of your wish to delay, then I think you should be okay since it was still within the 1 year period. Go ahead and submit your Packet 3 documentation to the Consulate and wait for further instructions. If you did not notify the Consulate, your petition probably expired and could have been sent back to NVC. Good luck!

Carl

Thanks Carl for clarifying things. The consulate actually email us a letter stating that our visa application is valid from 8/2010 (date they supposedly sent my fiance packet 3) through 8/2011. They stated in the email that if we don't pursue our application within this time frame, then our application would expire. Taking the consulate's words, we did not ask for a delay, since we knew we had until August of this year to have our interview... So I'm hoping the consulate will keep their words.

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Thanks Carl for clarifying things. The consulate actually email us a letter stating that our visa application is valid from 8/2010 (date they supposedly sent my fiance packet 3) through 8/2011. They stated in the email that if we don't pursue our application within this time frame, then our application would expire. Taking the consulate's words, we did not ask for a delay, since we knew we had until August of this year to have our interview... So I'm hoping the consulate will keep their words.

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Can my fiance turn in packet 3 directly to the consulate? Does anyone know where, which window, and to whom can he submit the forms to? WE want to make sure that it gets to the immigration office and not end up disappearing to somewhere else. Thanks so much! :D

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Filed: AOS (apr) Country: Vietnam
Timeline

she can take it to the consulate... they will direct her to the window..


"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

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