NOA2 timeframes and lateness for the UK

[orangeneko 1]

I've been looking at the archives here, but what I thought I had to do in my situation now seems confused the more I look at things. I figured I'd better post fresh!

My NOA2 came January 20 and expires May 20. I'm the US citizen and my fiance is a UK citizen. I've been on top of things and timely, but my fiance isn't the type who does things early. I nagged and reminded him and all that, but it took nearly 3 months for him to submit his forms to the consulate. We're actively making other preparations for his moving here, an engagement/goodbye party over there, etc, so this isn't cold feet, it's just his way.

As I'll be in the UK in late May for the party and a visit and I'll have a railpass for us both, I told him to schedule his medical for when I'm there so we can go together and see others. That's scheduled for May 31. I had read in the past that as long as the forms are in the hands of the consulate and in motion, that they'll give leeway with the timeframes and I'll just have to send a notarized letter with my fiance at the time of his interview (June?) saying that we're still engaged, etc.

Last night though I suddenly had one of those in bed panic moments where I jumped up and thought OH NO -- CAN WE DO THIS??

My questions are, once the consulate gets his forms, is he on the active books somehow and does the medical office alert the consulate to the fact that an appt has been made? Or do we need to send something saying that he won't have the medical till May 31 and that we're still on track? Should I do a notarized letter now and mail it to London? It would be a bit difficult to get him to London sooner than the end of May, but it's possible I could and could have him see if they can reschedule him. Still, he'll be near the end of the NOA2 timeframe anyhow by then.

BTW, I found this in one of my searches here....should I just mail something like this?

(Date)

From: (Your name, address, phone, SS number)

To: (Name and address of consulate)

RE: (name and vital data of your fiancé, including I-797 approval notice number, date of birth, address, phone number)

Dear Honorable American Consulate of (name of consulate, such as Mumbai):

It is my understanding that pursuant to 9FAM 41.81 N3.1 (Period of validity), the consulate can extend the approval notice for another 4 months, if my fiancé and I remain legally free to marry and continue to plan to marry after my fiancé enters the United States.

Therefore, please be aware:

• I and my fiancé continue to be legally single and free to marry.

• I and my fiancé love each other and plan to marry after his/her entrance in to the United States.

• If my I-797 approval notice has expired by the time of my fiancé’s interview,

I sincerely request that you extend the approval notice (copy attached) so that my fiancé, (name of fiancé) may receive the K-1 visa.

Sincerely,

(Notarized Signature)

[Nich-Nick 3,353]

Well you're a rare one indeed not wanting to push the visa through. He could have had one by now. Or he could get a medical appointment for next week and you could go to the interview with him instead of the medical in May.

To answer your question. No, Knightsbridge clinic won't inform the embassy of pending appointments. He will notify the embassy when he is ready to interview with the DS-2001 and requested cover letter. You also do not have to notify them of the appointment. If you want to cover your bases--

1. Write a letter to the Immigrant Visa Unit address (where the forms are mailed) asking for an extension of the I-129F Petition approval. I have a few problems with the letter you proposed but they will know what you mean.
   
2. Write a new updated letter of intent like in your I-129F packet for him to take to the interview since your petition will be expired. You can write it in May when you're there.
   

Neither has to be notarized.

[orangeneko 1]

I'll have to talk to him about maybe pushing the medical up if he can do it. He's in Scotland right now, and it's not that easy to get time off where he works, but he may have to do it and just suck it up. He also doesn't move fast as I mentioned...trust me, I pushed several times per week. He ended up having to pay for rush delivery of his long form birth certificate and police certificate because he didn't order it when I told him to back in the winter. I was reminding him every few days about it and reminding him that we had to work within the four months for everything and asked him to have it all mailed by the two month mark....which was missed.

We always planned for him to come to the US in Aug or September no matter what, so we were going with the four month timeframe, and as the process went along, I had assumed that they kept anything open that was in progress during that time even if it went over the time limit. I had read some things about that here that seemed to suggest the consulate kept things open if there was evidence it was in motion. It wasn't till last night it suddenly hit me that it might not work that way!

[orangeneko 1]

I've just emailed him saying the medical has to be pushed up. I'm more confused now as he did fill out a DS-2001 and mailed it with his packet. So I assume they're thinking he's ready to go and has had the medical? I thought the form packet had to be sent first thing, then the medical was scheduled next.

Every time we seem to get a handle on this, a new round of confusion happens!

We'll see tomorrow if he can get a medical sooner than later (I said before April is up to him). And if possible if they have a slot, we can go to the interview in May then if we can get it for that week.

[Nich-Nick 3,353]

We always planned for him to come to the US in Aug or September no matter what, so we were going with the four month timeframe, and as the process went along, I had assumed that they kept anything open that was in progress during that time even if it went over the time limit. I had read some things about that here that seemed to suggest the consulate kept things open if there was evidence it was in motion. It wasn't till last night it suddenly hit me that it might not work that way!

They generally do and I don't think it will be a problem. Asking for an extension is just something to do if you're worried about it. Only costs you a stamp for some peace of mind.

I'm more confused now as he did fill out a DS-2001 and mailed it with his packet. So I assume they're thinking he's ready to go and has had the medical? I thought the form packet had to be sent first thing, then the medical was scheduled next.

You can send DS-2001 with the other forms. They won't give an interview until his medical results arrive at the embassy.

We'll see tomorrow if he can get a medical sooner than later (I said before April is up to him). And if possible if they have a slot, we can go to the interview in May then if we can get it for that week.

If he gets the medical soon, I would suggest a new DS-2001 with cover letter sent the day of the medical. They do ask for a cover letter with it stating date of the medical, date of wedding (if known), and email address. Also ask in the cover letter for an interview during the week of [dates you will be there] because his fiance will be visiting from the US and would like to attend with him. They sometimes try to accommodate if you have a particular reason. They aren't going to be able to do it on short notice, but if he gets on with it, then maybe a late May/early June date would be feasible because he would be asking well in advance.

Every time we seem to get a handle on this, a new round of confusion happens!

Have you read this thread?? That's where you should be asking London questions.

London 2012- K1s from NOA2 to interview thread--Let's organize the info/questions into one place

[orangeneko 1]

Thanks, Nich! I hadn't seen that thread -- I find that when I go to the UK portal page, when I search it doesn't just search the UK centric posts. So I end up with all sorts of info (like that letter I posted above that I found). I'll have to bookmark it and start reading through during my lunch hour tomorrow.

My fiance included a cover letter with his forms, but just listed them really and gave basic info. I had been figuring that between processing time and their getting the medical package, the case stayed open automatically and that I would just sent a notarized letter with my fiance to the interview basically repeating my letter of intent from my first package sent to immigration. I had read others did that, so I figured it was all kosher. As I said, I suddenly had that OMG moment last night and jumped up in bed in a panic -- thank god!

He's going to call about the medical tomorrow, and I'll have him do the form again along with a letter about the interview. I also perhaps can do my extension letter and send it to him to include so it's all in one.

[Nich-Nick 3,353]

You haven't done anything wrong. What you're doing is fine, even the medical in May if you're not in a hurry. They aren't going to reject you over any of this so be calm.

[orangeneko 1]

Thanks again. I want to make things as "right" as possible and just not screw it up, and even if I haven't, it still is scary as I think "what if I did??", if you know what I mean. If not for immigration I think we'd of been married last year, and we'd of had a lot more money saved. There's a finish line in sight, but god....the thought of something going wrong or finding that there was a better way is just nerve wracking.

[orangeneko 1]

Just an update. We moved the medical up to April 30 and my fiance' also sent a letter saying the medical was scheduled along with asking if he could interview the week I'm there. He sent another DS-2001, and I did a letter mentioning that we would likely be going just over our NOA2 timeframe, so I requested they extend us. I put in the legalese phrase some people use instead of notarizing a letter. I had to scan it for my fiance' to print, so hopefully that will be okay and they'll see it matches my other signatures and letters. So we'll see! We need to book his transport to London once he decides which of two plans is best for him, but hopefully it should run smoothly. I think also if I can be there for the interview that it will be extra special seeing his (hopefully positive!) face when he comes out.

Thank you again, Nich!!!