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Barbarac83

Fiancè Visa expiration

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Hi,

I am wondering there isn't any chance or any way to renew/extend the fiancè visa in case it expires?

Me and my (citizen) fiancè are about to file the K1 petition, but he's in the military and he may be sent on deployment, god forbid it happens right around the time I get my visa (he doesn't know the plans yet)!

Maybe delaying the interwiev could help getting some more time, but I'm seriously worried about him having to go on deployment and my visa expires

thank you :)

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Hi,

I am wondering there isn't any chance or any way to renew/extend the fiancè visa in case it expires?

Me and my (citizen) fiancè are about to file the K1 petition, but he's in the military and he may be sent on deployment, god forbid it happens right around the time I get my visa (he doesn't know the plans yet)!

Maybe delaying the interwiev could help getting some more time, but I'm seriously worried about him having to go on deployment and my visa expires

thank you :)

The processing time for the petition and issuance of K-1 could take up to 6 months (or more). You have 3 months to enter the US (after visa issuance) and then 3 months to marry (someone can correct me if I am wrong here). So that whole process could be stretched over a year.

From what I know, the K-1 visa can not be extended. But in some cases, the applicant can request the consulate to reissue the visa.

the K1 visa applicant may request that consular officer abroad reissue the K1 visa. However, there is a short time frame in which a consular officer has the authority to reissue a K1 visa. A consular officer may only reissue a K1 fiance visa if the period of validity of the reissued visa does not exceed the 90th day after the date of initial admission of the K1 visa holder on the original K visa. The applicant for re-issuance and the U.S. Citizen petition must also establish, to the satisfaction of the consular officer that the K1 visa holder and the U.S. Citizen petitioner still intend and are free to marry. Additionally, the K1 visa holder's return to the United States and marriage to the petitioner must take place within 90 days from the date of the original admission into the United States in K status.
http://www.pcurtislaw.com/reissuance-k1-fiance-visa

If you enter the US when your visa is issued, depending on the time period your fiance is deployed, you could stay in the US as "Nolo Law firm" suggests. But this could be risky.

Can You Renew or Extend Your K-1 Fiancé Visa Status?

A K-1 fiancé visa cannot be renewed. You are expected to get married within 90 days or leave the United States.

But if something happens and you weren’t able to marry within the 90 days, go ahead and marry (if the marriage is still what you want). As long as USCIS hasn’t caught up with you before you’re ready to submit the application, you should be able to apply for your green card through normal procedures, as explained below.

a. Filing Late for Your Green Card

If you marry after the 90 days permitted by your fiancé visa, your spouse will have to submit an I-130 visa petition on your behalf. (It’s similar to Form I-129F, but for married couples.) Because you’re already legally in the U.S., however, the I-130 can be submitted with the rest of your green card application at a local USCIS office. Form I-130 shows your eligibility to immigrate (this time as the immediate relative (spouse) of a U.S. citizen, rather than as a fiancé) and your spouse’s willingness to support your application. (Instructions for preparing the I-130 as the spouse of a U.S. citizen living in the United States are included in Chapter 11.)

Another consequence of marrying after the 90-day expiration of your visa is that you will be living in the United States unlawfully. Although this is a serious concern, it is unlikely that USCIS will search you out anytime soon. They have higher enforcement priorities than going after people who will ultimately have the right to a green card, but are simply late in applying for it.

http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-25.html

K1 Visa

Service Center: Vermont Service Center

Consulate : Islamabad, Pakistan

I-129F Sent : 2011-09-23

I-129F NOA1 : 2011-09-27

I-129F NOA2 : 2012-01-18

NVC Received : 2012-02-02

NVC Left : 2012-02-06

Consulate Received: 2012-02-07

Packet 3 Received : 2012-02-21

Packet 3 Sent : 2012-02-27

Packet 4 Received : 2012-03-02

Interview Date : 2012-03-27

Interview Result : Approved

Visa Received : 2012-04-06

US Entry : 2012-04-29

Marriage : 2012-05-24

Comments : Happily married! :)

I-129f was approved in 113 days from your NOA1 date.

Interview took 182 days from your I-129F NOA1 date.

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Hi,

I am wondering there isn't any chance or any way to renew/extend the fiancè visa in case it expires?

Me and my (citizen) fiancè are about to file the K1 petition, but he's in the military and he may be sent on deployment, god forbid it happens right around the time I get my visa (he doesn't know the plans yet)!

Maybe delaying the interwiev could help getting some more time, but I'm seriously worried about him having to go on deployment and my visa expires

thank you :)

Though some of this could be consulate specific, but i thought once the k1 is approved (3-6 months), you have 12 months to act on this and have interview... and then another 6 months to enter country after issued... please correct me if i'm wrong...???

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You may be able to apply for an expedite to your case since there's military deployment to think of here. This is one of the few reasons that expedites have been granted but it's not guaranteed

+1

if he is told he is going to get deployed, you can expedite, HOWEVER he has to be getting deployed in order for you to have an indifinet approval for the expedit.

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For sure have your fiance apply for an expedite, USCIS will grant an expedite for military deployments. He may need to talk to someone on base for this, don't know the details but for sure request an expedite.... MOVE TO THE HEAD OF THE LINE!!:thumbs:

Edited by Hank_Amy

Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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Though some of this could be consulate specific, but i thought once the k1 is approved (3-6 months), you have 12 months to act on this and have interview... and then another 6 months to enter country after issued... please correct me if i'm wrong...???

Nope bad advice. The I-129f is not a K-1 approval, it is a petition requesting the benificiary be allowed to apply for K-1 visa. The I-129F once approved is good for 4 months, can be extended at the discretion of the embassy up to 12 months. The K-1 visa once approved is good for a maximum of 6 months, this is partly tied to the medical so make sure to pay attention to the date stamped in the passport for the visa.

Best way for this couple, being he is military and being deployed, is to get an expedite and get things done sooner.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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Nope bad advice. The I-129f is not a K-1 approval, it is a petition requesting the benificiary be allowed to apply for K-1 visa. The I-129F once approved is good for 4 months, can be extended at the discretion of the embassy up to 12 months. The K-1 visa once approved is good for a maximum of 6 months, this is partly tied to the medical so make sure to pay attention to the date stamped in the passport for the visa.

Best way for this couple, being he is military and being deployed, is to get an expedite and get things done sooner.

correct, i meant i129 approval (3-6 months)... 12 months to make interview, and 6 months to enter... however i also found this section 203g, and does not mention apply for extension once 129 approved: Was fairly correct besides terminology mistake, would not call "bad advice" as timeline was correct.

TERMINATION OF REGISTRATION: VISA PROCESSING MUST OCCUR WITHIN ONE YEAR FROM THE DATE OF THIS LETTER. Section 203(g) of the Immigration and Nationality Act requires that an intending immigrant pursue his/her visa application within one year from the date the Embassy informs him or her that all the necessary documents have been received. This is our notice to you that it is now possible for you to pursue your application for a visa. If you fail to do so within one year from the date of this letter, your application and any visa petition approved for you will be cancelled.

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correct, i meant i129 approval (3-6 months)... 12 months to make interview, and 6 months to enter... however i also found this section 203g, and does not mention apply for extension once 129 approved: Was fairly correct besides terminology mistake, would not call "bad advice" as timeline was correct.

TERMINATION OF REGISTRATION: VISA PROCESSING MUST OCCUR WITHIN ONE YEAR FROM THE DATE OF THIS LETTER. Section 203(g) of the Immigration and Nationality Act requires that an intending immigrant pursue his/her visa application within one year from the date the Embassy informs him or her that all the necessary documents have been received. This is our notice to you that it is now possible for you to pursue your application for a visa. If you fail to do so within one year from the date of this letter, your application and any visa petition approved for you will be cancelled.

still bad. their issue is he is being deployed, trying to delay the process isn't to their benefit, expediting it is..... not sure how you see dragging feet a good plan.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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Yes what I read so far says the petition is valid for 4 months and the visa 6 months. I'm not really sure what's better, expedited or delayed! I am stuck here in Italy until Nov/Dec (I'm graduating university) anyway, so maybe in case of deployment I'd rather delay even though it sucks... thank you all very much!!

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still bad. their issue is he is being deployed, trying to delay the process isn't to their benefit, expediting it is..... not sure how you see dragging feet a good plan.

The OP asked about delay not expidite. Perhaps for a good reason.

Yes what I read so far says the petition is valid for 4 months and the visa 6 months. I'm not really sure what's better, expedited or delayed! I am stuck here in Italy until Nov/Dec (I'm graduating university) anyway, so maybe in case of deployment I'd rather delay even though it sucks... thank you all very much!!

once petition is approved (3-6 months), you should have 12 months to attend interview. After interview, another 6 months to enter usa.

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Here is the DOS link that speaks about the Nonimmigrant Visa for a Fiance(e) (K-1).

It is their game, their verbage, their rules. Consider consulting them, as suggested at the provided DOS link, to avoid possible misstatements and misquotes. :yes:

Good luck on your visa journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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For sure have your fiance apply for an expedite, USCIS will grant an expedite for military deployments. He may need to talk to someone on base for this, don't know the details but for sure request an expedite.... MOVE TO THE HEAD OF THE LINE!!:thumbs:

USCIS does not always grant an expedite for military deployment. There have been quite a few people on VJ who have not been granted expedite when showing proof of deployment to active combat zones.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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