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dux_2002

NOA2 approching, advise needed on delaying the interview

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Filed: K-1 Visa Country: England
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Hi All,

im in a bit of a predicament and would like some advise.

we are approaching when we should receive our NOA2 now, however i would like to delay the interview date.

i have a bit more travelling to do before im ready to enter the states on my K1 and want to know if its possible to do what i have planned.

i am planning on going to the states for a couple of months with my fiancée in august, and then returning after Christmas on the K1 visa.

i know its possible to put the interview date back and still enter under the VWP, however i don't know if i could do this for 2-3 months? - i have the funds to support myself and was just planning on telling the customs official that i have an interview booked for example December and plan on coming in for good in January.

do you think it would be possible to extend the interview date until Dec when we should get our NOA2 in June?

and what are my chances on getting into the states with a return flight 2-3 months down the line if i can get a letter from my job, and my parents saying the i pay them rent and they expect me back on the day of my return flight?

thankyou

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Lets say your NOA2 date is June 1. That petition expires October 1. So your best bet is to ask in a formal letter to the Embassy to have your petition extended. Give the reasons that you need to tend to business in the UK and US until November 1(?) and are not prepared to take up residence in the US until January 2013. Send it to the IV Unit address given on the London Embassy website on this page http://london.usembassy.gov/iv_15.html

I wouldn't do anything until you receive the letter of instruction from London. You don't have an approved petition to extend yet. And the NVC has not assigned you a London case number and forwarded your case to the embassy. You might want to get the letter from London then return the visa application forms so they know you still want the visa. Include your request for extension with the forms. Get a response in writing before you assume it's okay.

There's other ways to stall like wait 3 weeks before sending in the forms. Wait another month to get the medical. Wait some more before submitting the DS-2001 to say you have all the documents for interview. Then in that cover letter say you plan to marry in March 2013. They automatically extend the petition as long as you are actively trickling things in. But I think laying your cards on the table upfront and asking for an extension is the cleanest approach.

Your chances to get into the US on VWP depend on how long you've stayed before, how often you go, how you can prove you are funding a 3 month holiday, if they believe a real employer would give you 3 month holiday, if they believe the rent to the parents story, what you look like and how grouchy the officer on duty that day is. It's very subjective and the officer has total power. Or you may be greeted with no questions and "have a nice trip". Nobody on VJ knows which officer will be working that day and how he will size you up.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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