Jump to content
Sign in to follow this  
DavidandIrina

Fiancee Visa Expired - Options to extend/reapply?

10 posts in this topic

Recommended Posts

So long story short, my Ukrainian Fiancee and myself have had a wild roller coaster of a relationship over two years. Anyways, I got her a fiancee visa, she got it, but during that time she had our baby so she didn't immediately come here. We've had good times and problem times, but regardless, the visa expired April 20th and she didn't board the airplane so she's still there and I'm still here but we have rediscovered that we still have strong feelings for each other.

So I'm not really throwing out the relationship details specifically because I need to know my options at this point. The Fiancee Visa expired April 20th, but I've heard that you can get extensions, however I didn't apply for an extension earlier, so I don't know if they would grant one now without (almost a month later) some just cause and then I don't know how long the grace period would be if they did offer an extension. Does anyone know?

Also if it has expired and they don't offer me a grace period extension, do you know how long it will be until I can reapply for another one for her? Would it be faster at this point to go there and marry her and get a wife visa instead?

Such drama!!! :)

David

Share this post


Link to post
Share on other sites

I would recommend to contact US Embassy which issued visa to ask about possibility of extension, they should tell if it's possible or not. If it will not be possible, you can re-apply I-129F petition, and as far as I heard, you can apply for the same fiancee any time you want, without waiting 2 years. I doubt that wife's visa will be faster, it seems that it's similar time or even a little longer.

Edited by Amy_and_Victor

Our timlines K1 visa - Citizenship (06.28.2011 - 08.01.2016)

K1 Visa Timeline (06.28.2011 - 04.07.2012)

  • 06-28-2011: I-129F sent to Dallas
  • 07-05-2011: NOA1 (CSC)
  • 01-05-2012: NOA2 (184 days since NOA1)
  • 01-13-2012: NVC passed
  • 01-19-2012: Embassy received our case
  • 02-14-2012: Interview PASSED! :D K-1 Visa Approved! :D
  • 03-08-2012: POE
  • 04-07-2012: Wedding!

AOS/EAD Timeline (04.26.2012 - 12.13.2012)

  • 04-26-2012: I-485 and I-765 sent to Chicago Lockbox
  • 05-02-2012: NOA1 (both I-485 and I-765)
  • 05-23-2012: Biometrics taken
  • 07-02-2012: Employment Authorization Issued (07-09-2012 - received in the mail)
  • 12-03-2012: Made Service Request for I-485, because case is beyond processing time
  • 12-07-2012: I-485 APPROVED! 219 days since NOA1. No interview/RFE
  • 12-13-2012: GreenCard in the mailbox, done with AOS!

Lifting of conditions Timeline (09.04.2014 - 01.14.2015)

  • 09-04-2014: I-751 sent to CSC
  • 09-08-2014: NOA1
  • 11-10-2014: Biometrics taken
  • 01-07-2015: Approved! Only 122 days since NOA1. No interview/RFE
  • 01-14-2015: GreenCard in the mailbox

Citizenship Timeline (09.03.2015 - 01.08.2016)

- 09-03-2015: N-400 sent to Phoenix

- 09-10-2015: NOA1

- 10-08-2015: Biometrics taken

- 10-28-2015: Case is in line for an interview

- 11-02-2015: Letter with Naturalization Interview Appointment

- 12-07-2015: Interview passed

- 01-08-2016: Naturalization Oath Ceremony, I'm a US citizen now!

tTM3p3.png

Share this post


Link to post
Share on other sites

David,

Contact the embassy in Kiev about a possible extension. Make sure you include the case number in your subject line so that they can find it quickly. There are possibilities of an extension but you will likely need to give them some compelling reasons for the extension. Be honest in all descriptions and maybe Lady Luck will smile upon you.

If you get the extension put her and the baby on the next available plane. :thumbs:

Share this post


Link to post
Share on other sites

Also if it has expired and they don't offer me a grace period extension, do you know how long it will be until I can reapply for another one for her? Would it be faster at this point to go there and marry her and get a wife visa instead?

What has the Embassy said to these questions?


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites

What has the Embassy said to these questions?

I haven't asked the embassy yet. I've been in polling mode to see what the general consensus says first :-P But you are right I should just call them and ask which would be the most simple and direct route :-P

They are closed now but maybe I'll give them a call tomorrow.

Share this post


Link to post
Share on other sites

So long story short, my Ukrainian Fiancee and myself have had a wild roller coaster of a relationship over two years. Anyways, I got her a fiancee visa, she got it, but during that time she had our baby so she didn't immediately come here. We've had good times and problem times, but regardless, the visa expired April 20th and she didn't board the airplane so she's still there and I'm still here but we have rediscovered that we still have strong feelings for each other.

So I'm not really throwing out the relationship details specifically because I need to know my options at this point. The Fiancee Visa expired April 20th, but I've heard that you can get extensions, however I didn't apply for an extension earlier, so I don't know if they would grant one now without (almost a month later) some just cause and then I don't know how long the grace period would be if they did offer an extension. Does anyone know?

Also if it has expired and they don't offer me a grace period extension, do you know how long it will be until I can reapply for another one for her? Would it be faster at this point to go there and marry her and get a wife visa instead?

Such drama!!! :)

David

Call the consulate and ask for an extension. If they cannot do that then you will file a new I-129f with explanation and request for waiver of the "two year rule". It will be granted. In the meantime do a CRBA for the child with the consulate and get the child a US passport


VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites

Perhaps a notarized/apostlized letter from the OB stating medical necessiity to not travel by air for your SO will be beneficial in Irina's attempt to get an extention. Boy or girl? Congratulations! :innocent:


September 7, 2009 - met Lena online
October 20, 2010 - First Meeting in Kharkov
Oct 20, 2010 - Engaged
December 3, 2010 - Filed I-129F
December 16, 2010 - NOA-1 notification
December 30, 2010 - Second Visit to Kharkov
February 8, 2011 - Touched
April 18, 2011 - NOA-2 notification
April 18, 2011 - Petition at NVC
April 25, 2011 - Medical Exam
April 26, 2011 - Received at Embassy
April 27, 28, 29, 2011 - Repeat medical (passed medical)
May 5, 2011 - Packet #4 received by mail in Ukraine
June 17, 2011 - Interview scheduled 9:00 AM
June 17, 2011 - Visa approved
June 18, 2011 - Interview Review posted
July 11, 2011 - POE - Detroit
July 17, 2011 - Applied for Marriage License
July 17, 2011 - Applied for SSN
August 17, 2011 - Married in Russian Orthodox Church - Detroit
November 11, 2011 - Submitted AOS/EAD/AP
January 3, 2012 - NOA 1
February 7, 2012 - Still no Biometrics appointment
February 10, 2012 - Service Request - no Biometrics appointment to date
February 29, 2012 - Infopass appointment Detroit (no Biometrics appointment letter - over 40 days)
March 9, 2012 - Biometrics
March 12, 2012 - EAD card production email received
March 23, 2012 - EAD received
March 24, 2012 - AOS interview appointment for April 24, 2012 (Detroit)
April 24, 2012 - AOS approved!
May 2, 2012 - 2 year provisional Green Card received
June 2, 2012 - First job - Russian Kindergarden in Oak Park, Michigan

Feb 5, 2014 - I-751 sent

Sept 19, 2014 - RFE

Nov 3, 2014 - Case moved to Detroit Field Office

Dec 29, 2014 - ROC Interview - Detroit Field Office

Feb 16, 2015 - I-751 approved after 2nd interview

Feb 18, 2015 - I 551 stamp in passport

Mar 5, 2015 - 10 year Permanent Resident Status

Share this post


Link to post
Share on other sites

Call the consulate and ask for an extension. If they cannot do that then you will file a new I-129f with explanation and request for waiver of the "two year rule". It will be granted. In the meantime do a CRBA for the child with the consulate and get the child a US passport

My daughter has a passport already, I got that done back in March of this year. So she can come whenever she chooses when she is old enough to choose :-P

As to the visa, I wrote to the embassy and this is what they wrote back (useful for anyone else in a similar situation):

"Thank you for your inquiry. We cannot extend expired visas. Your fiancée should schedule an appointment through the Call Center and apply for the visa reissuance procedure.

Sincerely,

Public Liaison Unit

Consular Section

U.S. Embassy

Kyiv, Ukraine

fax (38) 044 521 - 5425"

So Irina will have to go and have a meeting with them to get a reissuance. I don't know how long that process takes, but at least it doesn't necessarily mean starting again from the beginning with sending in the I-129F.

David

Share this post


Link to post
Share on other sites

My daughter has a passport already, I got that done back in March of this year. So she can come whenever she chooses when she is old enough to choose :-P

As to the visa, I wrote to the embassy and this is what they wrote back (useful for anyone else in a similar situation):

"Thank you for your inquiry. We cannot extend expired visas. Your fiancée should schedule an appointment through the Call Center and apply for the visa reissuance procedure.

Sincerely,

Public Liaison Unit

Consular Section

U.S. Embassy

Kyiv, Ukraine

fax (38) 044 521 - 5425"

So Irina will have to go and have a meeting with them to get a reissuance. I don't know how long that process takes, but at least it doesn't necessarily mean starting again from the beginning with sending in the I-129F.

David

Strange. It seemthey are tlling you to simply make a new appointment using the same petition, but the petition expires after 4 months. I would ask for clarification, that they you can specifically re-apply using the existing I-129f petition. Does not sound right to me.

The procedure would be the same as before...medical, interview, K-1 application. Should be easy if you can actually do that. I have my doubts. BUT they do specifically mention the "visa re-issuance procedure". Email them and ask the details of this.

Edited by Gary and Alla

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Share this post


Link to post
Share on other sites

As to the visa, I wrote to the embassy and this is what they wrote back (useful for anyone else in a similar situation):

"Thank you for your inquiry. We cannot extend expired visas. Your fiancée should schedule an appointment through the Call Center and apply for the visa reissuance procedure.

Sincerely,

Public Liaison Unit

Consular Section

U.S. Embassy

Kyiv, Ukraine

fax (38) 044 521 - 5425"

So Irina will have to go and have a meeting with them to get a reissuance. I don't know how long that process takes, but at least it doesn't necessarily mean starting again from the beginning with sending in the I-129F.

David

It sounds like they are giving you an opportunity to get a new visa issued. I'd have her call immediately to schedule another interview. She might need to pay another fee, but that's cheap if she gets in now. I would make sure she has your response letter with her and she should be prepared for additional questions since she allowed it to expire. This might just work out as long as Irina is not dragging her feet.

Good luck!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×