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moonunit

Can You Delay Your K-1 Process? Should You If You Need To?

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So guys, we're close to getting the NOA2 (hopefully this week). He suddenly got offered some great upcoming work in May / June in Australia that would pad our savings a bit more before he makes the big move BUT he wants to come here for a few days in May and then go back and continue the work then move here right after it finished in June. The thing is, after reading through the forums I'm pretty sure he wouldn't be able to do it OR it just wouldn't be advised at this point. One... the interview will probably be sched before then and once that happens etc. he'd be issued the K-1, once that's issued, he can only enter the country and if he leaves we'd have to start the process over again :-( Two... it'd be up in the air if he'd be allowed into the country if they find out he's planning on immigrating here. He wants to see if we can delay things. Maybe the interview or ?? But honestly I just don't want to risk it and just mentioned that we should continue on plan and he could either come here permanently at the end of May OR at the end of June but forget about coming here then leaving then coming back again. I feel it's cutting it a bit close and have read others who asked for delay of interviews got pushed down to the bottom of the list so I'd rather not try to mess with the system.

Hoping this makes sense? I guess my overall question is, would he be able to try to enter the country before the K-1 visa is issued? Or is it cutting things a bit close? It'd be nice to have the extra cash padding but not at the expense of having any difficulties in our visa journey.

Thanks


ROC

March 2, 2017 (Day 296) Received 10 year Permanent Resident Card! PHEW
May 11, 2016 (Day 1) Overnight 751 to CSC (Cutting it close due to an unfortunate event :-( )
May 12, 2016 (Day 3) Package received.
May 21, 2016 (Day 10) NOA1

AOS

September 16, 2013 (Day 0) Mailed in I-130, I-485, I-765, I-131
September 17, 2013 (Day 1) USCIS Chicago Lockbox received package (according to USPS Express tracking)
September 23, 2013 (Day 7) Received Text Message NOA1
September 30, 2013 (Day 14) Received Hardcopy Notification AND Biometrics Appointment Oct 16th, 2013)
October 9, 2013 (Day 23) RFE
October 15, 2013 (Day 29) RFE responded - needed another copy of the I-797 and birth certificate
October 16, 2013 (Day 30) Biometics Appointment (Los Angeles, in and out in 15 minutes)
October 30, 2013 (Day 44) RFE under review
December 5, 2013 (Day 80) RFE #2 - self employed so needed additional evidence on I864
December 15,2013 (Day 90) Received Hard Copy
December 31, 2013 (Day 106) RFE Response Review
January 4, 2014 (Day 110) EAD IN PRODUCTION!!!
January 11, 2014 (Day 117) EAD in hand'
January 13, 2014 (Day 119) Testing and Interview
January 27, 2014 ( Day 133) Interview Notice (March 3)
March 3, 2014 (Day 168) Interview. RFE #3 Doctor forgot to check a few things. Pending...
March 10, 2014
May 16, 2014 (8 months exactly) Finally received welcome notice. GC pending.
 
 
K1

October 27, 2011: I-129F Sent
November 1, 2011: I-129F Delivered!
November 4, 2011: Check Cashed
November 8, 2011: NOA1 Notification
March 27, 2012: NOA2
June 5, 2012: Interview (We pushed it back a bit on purpose and took us a bit to get the documents - get them early folks!)
August 8th, 2012: Arrival in US (Yippie!)
October 5th, 2012: Marriage :-)

 
 
 

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So guys, we're close to getting the NOA2 (hopefully this week). He suddenly got offered some great upcoming work in May / June in Australia that would pad our savings a bit more before he makes the big move BUT he wants to come here for a few days in May and then go back and continue the work then move here right after it finished in June. The thing is, after reading through the forums I'm pretty sure he wouldn't be able to do it OR it just wouldn't be advised at this point. One... the interview will probably be sched before then and once that happens etc. he'd be issued the K-1, once that's issued, he can only enter the country and if he leaves we'd have to start the process over again :-( Two... it'd be up in the air if he'd be allowed into the country if they find out he's planning on immigrating here. He wants to see if we can delay things. Maybe the interview or ?? But honestly I just don't want to risk it and just mentioned that we should continue on plan and he could either come here permanently at the end of May OR at the end of June but forget about coming here then leaving then coming back again. I feel it's cutting it a bit close and have read others who asked for delay of interviews got pushed down to the bottom of the list so I'd rather not try to mess with the system.

Hoping this makes sense? I guess my overall question is, would he be able to try to enter the country before the K-1 visa is issued? Or is it cutting things a bit close? It'd be nice to have the extra cash padding but not at the expense of having any difficulties in our visa journey.

Thanks

How long is the work for? Remember there are things that you can just not do quickly and then of course I think you have 6 months to use the visa once issued. Please someone step in and firm up the facts.


Fiance visa

04/28/2011 - I-129F - DENIED

02/18/2012 - I-129F petition filed
02/24/2012 - NOA1
09/04/2012 - NOA2, 193 days

Interview:10/22/2012
POE: 10/26/2012 (245 days)

Removal of Conditions

Filed for ROC - 06/09/2015

NOA1 for ROC - 06/12/2015

Biometrics appointment - 07/17/2015

Approval for ROC - 04/20/2016 (316 days)

Naturalization Process

N-400 Filed 06/10/2016

N-400 NOA1 06/14/2016

N-400 biometrics 06/20/16

N-400 interview 01/23/2017

N-400 Oath ceremony 02/10/2017

Immigration Process took 2116 days.

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So guys, we're close to getting the NOA2 (hopefully this week). He suddenly got offered some great upcoming work in May / June in Australia that would pad our savings a bit more before he makes the big move BUT he wants to come here for a few days in May and then go back and continue the work then move here right after it finished in June. The thing is, after reading through the forums I'm pretty sure he wouldn't be able to do it OR it just wouldn't be advised at this point. One... the interview will probably be sched before then and once that happens etc. he'd be issued the K-1, once that's issued, he can only enter the country and if he leaves we'd have to start the process over again :-( Two... it'd be up in the air if he'd be allowed into the country if they find out he's planning on immigrating here. He wants to see if we can delay things. Maybe the interview or ?? But honestly I just don't want to risk it and just mentioned that we should continue on plan and he could either come here permanently at the end of May OR at the end of June but forget about coming here then leaving then coming back again. I feel it's cutting it a bit close and have read others who asked for delay of interviews got pushed down to the bottom of the list so I'd rather not try to mess with the system.

Hoping this makes sense? I guess my overall question is, would he be able to try to enter the country before the K-1 visa is issued? Or is it cutting things a bit close? It'd be nice to have the extra cash padding but not at the expense of having any difficulties in our visa journey.

Thanks

You can travel to USA with approved petition, or petition pending...

For my fiancee country:

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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How long is the work for? Remember there are things that you can just not do quickly and then of course I think you have 6 months to use the visa once issued. Please someone step in and firm up the facts.

Yes, once the visa is issued it is good for 6 months. May be better to put off interview until ready, would not want to travel across the border with visa already attached to passport.

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at long last - Work is from May 1st til the end of June 30th. It's a pretty good gig so as I mentioned I agree with him for staying a bit longer BUT it's him wanting to come at the end of May for a few days or so that has me a bit worried.

L+T - I had read about putting off the interview but the few folks who had done it were put at the bottom of the list. I'm wondering how long that list actually is you know? Don't want to step on toes.

He would need to do this before the Visa was issued though, I understood, because once's it's issued and on his pp, once he enters that's it for awhile.

Thanks for your help guys, appreciate it.

Edited by moonunit

ROC

March 2, 2017 (Day 296) Received 10 year Permanent Resident Card! PHEW
May 11, 2016 (Day 1) Overnight 751 to CSC (Cutting it close due to an unfortunate event :-( )
May 12, 2016 (Day 3) Package received.
May 21, 2016 (Day 10) NOA1

AOS

September 16, 2013 (Day 0) Mailed in I-130, I-485, I-765, I-131
September 17, 2013 (Day 1) USCIS Chicago Lockbox received package (according to USPS Express tracking)
September 23, 2013 (Day 7) Received Text Message NOA1
September 30, 2013 (Day 14) Received Hardcopy Notification AND Biometrics Appointment Oct 16th, 2013)
October 9, 2013 (Day 23) RFE
October 15, 2013 (Day 29) RFE responded - needed another copy of the I-797 and birth certificate
October 16, 2013 (Day 30) Biometics Appointment (Los Angeles, in and out in 15 minutes)
October 30, 2013 (Day 44) RFE under review
December 5, 2013 (Day 80) RFE #2 - self employed so needed additional evidence on I864
December 15,2013 (Day 90) Received Hard Copy
December 31, 2013 (Day 106) RFE Response Review
January 4, 2014 (Day 110) EAD IN PRODUCTION!!!
January 11, 2014 (Day 117) EAD in hand'
January 13, 2014 (Day 119) Testing and Interview
January 27, 2014 ( Day 133) Interview Notice (March 3)
March 3, 2014 (Day 168) Interview. RFE #3 Doctor forgot to check a few things. Pending...
March 10, 2014
May 16, 2014 (8 months exactly) Finally received welcome notice. GC pending.
 
 
K1

October 27, 2011: I-129F Sent
November 1, 2011: I-129F Delivered!
November 4, 2011: Check Cashed
November 8, 2011: NOA1 Notification
March 27, 2012: NOA2
June 5, 2012: Interview (We pushed it back a bit on purpose and took us a bit to get the documents - get them early folks!)
August 8th, 2012: Arrival in US (Yippie!)
October 5th, 2012: Marriage :-)

 
 
 

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Going to research putting off interview. Thanks again guys


ROC

March 2, 2017 (Day 296) Received 10 year Permanent Resident Card! PHEW
May 11, 2016 (Day 1) Overnight 751 to CSC (Cutting it close due to an unfortunate event :-( )
May 12, 2016 (Day 3) Package received.
May 21, 2016 (Day 10) NOA1

AOS

September 16, 2013 (Day 0) Mailed in I-130, I-485, I-765, I-131
September 17, 2013 (Day 1) USCIS Chicago Lockbox received package (according to USPS Express tracking)
September 23, 2013 (Day 7) Received Text Message NOA1
September 30, 2013 (Day 14) Received Hardcopy Notification AND Biometrics Appointment Oct 16th, 2013)
October 9, 2013 (Day 23) RFE
October 15, 2013 (Day 29) RFE responded - needed another copy of the I-797 and birth certificate
October 16, 2013 (Day 30) Biometics Appointment (Los Angeles, in and out in 15 minutes)
October 30, 2013 (Day 44) RFE under review
December 5, 2013 (Day 80) RFE #2 - self employed so needed additional evidence on I864
December 15,2013 (Day 90) Received Hard Copy
December 31, 2013 (Day 106) RFE Response Review
January 4, 2014 (Day 110) EAD IN PRODUCTION!!!
January 11, 2014 (Day 117) EAD in hand'
January 13, 2014 (Day 119) Testing and Interview
January 27, 2014 ( Day 133) Interview Notice (March 3)
March 3, 2014 (Day 168) Interview. RFE #3 Doctor forgot to check a few things. Pending...
March 10, 2014
May 16, 2014 (8 months exactly) Finally received welcome notice. GC pending.
 
 
K1

October 27, 2011: I-129F Sent
November 1, 2011: I-129F Delivered!
November 4, 2011: Check Cashed
November 8, 2011: NOA1 Notification
March 27, 2012: NOA2
June 5, 2012: Interview (We pushed it back a bit on purpose and took us a bit to get the documents - get them early folks!)
August 8th, 2012: Arrival in US (Yippie!)
October 5th, 2012: Marriage :-)

 
 
 

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at long last - Work is from May 1st til the end of June 30th. It's a pretty good gig so as I mentioned I agree with him for staying a bit longer BUT it's him wanting to come at the end of May for a few days or so that has me a bit worried.

L+T - I had read about putting off the interview but the few folks who had done it were put at the bottom of the list. I'm wondering how long that list actually is you know? Don't want to step on toes.

He would need to do this before the Visa was issued though, I understood, because once's it's issued and on his pp, once he enters that's it for awhile.

Thanks for your help guys, appreciate it.

http://www.visajourney.com/timeline/stats.php

Australia, 55 days according to VJ.

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I'm not really seeing a problem here?

According to the K1 flowchart (above)

After the NOA2 it is around 2 weeks for the case to be forwarded to the national visa centre from the local service centre.

Then 1-4 weeks for the case to be forwarded by the NVC to the U.S embassy in the fiance(e)'s country.

Then 1 week for the embassy to receive and process the package and then prepare a letter to be sent to the foreign fiance(e).

Then 1 week for the forms/checklist to get to the fiance(e).

Then YOU DECIDE THE TIMELINE you send the forms to the embassy.

The 1 week once you send the forms in with the medical to get the interview.

THEN the interview is scheduled for 1 month after you get the letter.

This is what I would do.

1) As soon as you get NOA2 send away for the police check and schedule the medical.

2) Work work work - 2 weeks before work ends send off the forms and information to get an interview.

3) You should get the interview around 1 month after you send off for one, your fiance will be well and truly home by then.

4) Once approved book a ticket or even book a ticket once you have the interview date (though remember no one is ensured the visa)

You would probably skip the little visit before he moves permanently but spending a few thousand is not really worth it in my opinion, especially since you stating you were trying to save money. If you really want he can visit, it is fine to visit while a k1 is pending.

Edited by BrittandDan

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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Okay so NOA2 let say April. It will take around 2 weeks, sometimes more, until he gets P3 so you're looking mid April to start May. Once he gets P3 it's on HIM to send the P3 docs back so he can wait till around the start or middle of June if he wants (nothing wrong with this) and then he'll get his interview around 3 weeks later. He won't get P4 until he sends of P3. So he can just wait a bit before sending that off.

If you WANT you can also include a letter saying (in bold and caps) "PLEASE SCHEDULE INTERVIEW AFTER JUNE 30TH AS [iNSERT NAME] IS WORKING AT XXX AND WOULD BE UNABLE TO LEAVE TO ATTEND THE INTERVIEW UNTIL AFTER THAT DATE. THANK YOU IN ADVANCE." I haven't heard of anyone from Aus being severely penalised for asking for a delayed interview but delaying sending P3 is an option... bearing in mind some people i know who waited to send P3 had their interview around 2 weeks later.. so I would send the letter asking for the delay.

I wouldn't waste money visiting so close to the K1 date. If you're trying to save money it would be best to wait. I don't think he'd have trouble entering but in case he DOES you just wasted money... Plus he'll be out of work for some time and trust me when I say I would have LOVED to have more money to "play" with. i'm talking buying food I like, new clothes (winter was a shock)... stuff like that. Presents was a big one too 'cause I couldn't exactly spend Tony's money on a present for him!

Anyway best of luck :)

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Then YOU DECIDE THE TIMELINE you send the forms to the embassy.

Not exactly. The petition expires four months after it's approved. The Foreign Affairs Manual gives consular officers guidance in how to handle this. When they send the packet three forms and instructions to the beneficiary they'll usually wait until the petition expires before trying to contact them again. If the beneficiary doesn't respond by the petition expiration date then they'll extend the validity of the petition for four months, and try to contact the beneficiary again. If the beneficiary still doesn't respond then they can either send the petition back to USCIS as abandoned, or extend it again and try to get a response from the beneficiary. The petition can be extended only up to one year from the date it was originally approved. After that they must presume it's been abandoned.

If anyone intends to use this method then don't simply hold on to the packet 3 forms until you're ready to file. Contact the consulate and let them know that you're still collecting the documents you need, and that you still intend to apply for the visa, and ask that they extend the validity of the petition. Stay in contact with the consulate until you're ready to respond to packet 3. As long as they get some sort of communication from the beneficiary then they shouldn't assume that the petition has been abandoned. The one year limit still applies.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Thanks guys. I think we might be able to swing it given this information. I'm going to sit on it a bit and research some more but it's nice to know it might be possible.

OH BTW... luckily we don't have to worry about spending money on the flight, thankfully we've a few privileges there. But if he got here and there was trouble, he'd have wasted time. At this point it would just be about how much extra money he'd be able to bring with him while ensuring he's leaving on a good note. Though... I don't know, I kind of just want to get it over with asap.

I'll keep you abreast to what we finally end up doing and how it worked out.


ROC

March 2, 2017 (Day 296) Received 10 year Permanent Resident Card! PHEW
May 11, 2016 (Day 1) Overnight 751 to CSC (Cutting it close due to an unfortunate event :-( )
May 12, 2016 (Day 3) Package received.
May 21, 2016 (Day 10) NOA1

AOS

September 16, 2013 (Day 0) Mailed in I-130, I-485, I-765, I-131
September 17, 2013 (Day 1) USCIS Chicago Lockbox received package (according to USPS Express tracking)
September 23, 2013 (Day 7) Received Text Message NOA1
September 30, 2013 (Day 14) Received Hardcopy Notification AND Biometrics Appointment Oct 16th, 2013)
October 9, 2013 (Day 23) RFE
October 15, 2013 (Day 29) RFE responded - needed another copy of the I-797 and birth certificate
October 16, 2013 (Day 30) Biometics Appointment (Los Angeles, in and out in 15 minutes)
October 30, 2013 (Day 44) RFE under review
December 5, 2013 (Day 80) RFE #2 - self employed so needed additional evidence on I864
December 15,2013 (Day 90) Received Hard Copy
December 31, 2013 (Day 106) RFE Response Review
January 4, 2014 (Day 110) EAD IN PRODUCTION!!!
January 11, 2014 (Day 117) EAD in hand'
January 13, 2014 (Day 119) Testing and Interview
January 27, 2014 ( Day 133) Interview Notice (March 3)
March 3, 2014 (Day 168) Interview. RFE #3 Doctor forgot to check a few things. Pending...
March 10, 2014
May 16, 2014 (8 months exactly) Finally received welcome notice. GC pending.
 
 
K1

October 27, 2011: I-129F Sent
November 1, 2011: I-129F Delivered!
November 4, 2011: Check Cashed
November 8, 2011: NOA1 Notification
March 27, 2012: NOA2
June 5, 2012: Interview (We pushed it back a bit on purpose and took us a bit to get the documents - get them early folks!)
August 8th, 2012: Arrival in US (Yippie!)
October 5th, 2012: Marriage :-)

 
 
 

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Not exactly. The petition expires four months after it's approved.

Well they are looking to do it within said timeframe. So they should be fine :blush:

---

To Moonunit- Goodluck and do let us know !

Edited by BrittandDan

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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At the Consulate interview, I was given the option to have my visa issued at a later date. I would just need to send them in my passport when I was ready. (I had asked about travel as I didn't want a visa in my passport when I wasn't ready to use it.) He could inquire about this option.


iagree.gif

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Send (the USC) an email to the embassy, explain the situation and either ask for the interview to be scheduled after June 30 or for the visa to be issued after his visit.

We had our interview (I asked for a specific date and it was granted) in June, approved. We had to fly to US beginning of July, but nor for him to immigrate! So we asked for the visa to be issued after that visit. We delivered his passport after the visit and got it back with the visa a couple days later.

He immigrated in August!

Most embassies are trying to work with you.

Wishing you luck.

Sib

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