How long can my fiance postpone her interview before all our paperwork expires

[Bill & Ivy 6]

We were notified by mail, from the embassy in Manila on the 27th of January (date I actually received it, but was sent on the 28th of Dec.) that my fiance could now book her interview. In the Philippines the recipient petitioner can select there interview date from whatever dates are avail. But, we have 2 problems preventing us from doing so at the present time.

My fiance got her annulment finalized (she thought she did, anyway) back in 2009, before we ever met. We discovered that her annulment papers were actually not fully finalized, they still needed to be sent to NSO (National Statistics Office) to be signed and make completely legal and finalized, which her lawyer should have done back in 2009, but didn't for whatever reason. Back in March of 2013, she contacted her lawyer, and had her send in the papers to NSO. My fiance had a copy of the annulment papers, that would let us proceed to start the visa process, and the NSO signed papers wouldn't actually be needed til her interview. We were told it would take 5-6 months to get them back from NSO, so in Sept. of 2013, we submitted all the paperwork for her K-1 visa, figuring we would have the NSO papers long before we would actually need them, well almost a year later and we are still waiting for the NSO papers to be returned to her, and no way of getting any info from NSO as to how much longer its going to take them to process the papers. About 6 weeks ago, her lawyer did receive something from NSO, stating that they wanted to verify that the Judge, and Clerical officer, were who they actually say the are, because they did sign the annulment papers. Seems as though there have been many counterfeit annulments coming from this area in recent months, and they currently want extra proof at NSO as to who signed the documents are actually a real judge and clerical officer. So I figured, no big deal, NSO could pick-up a phone and call the judge in his office and confirm it that way, but no,,, that would be far to easy, instead the want the Judge and the clerical secretary to go to another Judge and sign an affidavit stating they are who they say they are. I couldn't believe it when I heard it, but that's what they want for proof. My fiance's lawyer knows the Judge well, so he complied with NSO demands, although he that it was absurd also, but thats the Philippines.

The other problem, which because of NSO being so slow, seems as though it will work itself out, just not the way we had hoped. My fiance needed to have a major surgery, but we wanted to try and wait til she got to the US, but because of the NSO delay, her local Dr. said she should have the surgery ASAP, so we opted to have it done on the 27th. of January, in the Philippines. The surgery went fine, (thank God) and she is healing well, but wont be fully recovered for apx. 2 months or so, so seems as though this part will hopefully no longer be a part of the problem.

So now, to my question. Does anyone know how long we can wait to do the interview before all our current paperwork will expire, and we would have to start the K-1 all over again.

[Hank_ 9,174]

We were notified by mail, from the embassy in Manila on the 27th of January (date I actually received it, but was sent on the 28th of Dec.) that my fiance could now book her interview. In the Philippines the recipient petitioner can select there interview date from whatever dates are avail. But, we have 2 problems preventing us from doing so at the present time.

My fiance got her annulment finalized (she thought she did, anyway) back in 2009, before we ever met. We discovered that her annulment papers were actually not fully finalized, they still needed to be sent to NSO (National Statistics Office) to be signed and make completely legal and finalized, which her lawyer should have done back in 2009, but didn't for whatever reason. Back in March of 2013, she contacted her lawyer, and had her send in the papers to NSO. My fiance had a copy of the annulment papers, that would let us proceed to start the visa process, and the NSO signed papers wouldn't actually be needed til her interview. We were told it would take 5-6 months to get them back from NSO, so in Sept. of 2013, we submitted all the paperwork for her K-1 visa, figuring we would have the NSO papers long before we would actually need them, well almost a year later and we are still waiting for the NSO papers to be returned to her, and no way of getting any info from NSO as to how much longer its going to take them to process the papers. About 6 weeks ago, her lawyer did receive something from NSO, stating that they wanted to verify that the Judge, and Clerical officer, were who they actually say the are, because they did sign the annulment papers. Seems as though there have been many counterfeit annulments coming from this area in recent months, and they currently want extra proof at NSO as to who signed the documents are actually a real judge and clerical officer. So I figured, no big deal, NSO could pick-up a phone and call the judge in his office and confirm it that way, but no,,, that would be far to easy, instead the want the Judge and the clerical secretary to go to another Judge and sign an affidavit stating they are who they say they are. I couldn't believe it when I heard it, but that's what they want for proof. My fiance's lawyer knows the Judge well, so he complied with NSO demands, although he that it was absurd also, but thats the Philippines.

The other problem, which because of NSO being so slow, seems as though it will work itself out, just not the way we had hoped. My fiance needed to have a major surgery, but we wanted to try and wait til she got to the US, but because of the NSO delay, her local Dr. said she should have the surgery ASAP, so we opted to have it done on the 27th. of January, in the Philippines. The surgery went fine, (thank God) and she is healing well, but wont be fully recovered for apx. 2 months or so, so seems as though this part will hopefully no longer be a part of the problem.

So now, to my question. Does anyone know how long we can wait to do the interview before all our current paperwork will expire, and we would have to start the K-1 all over again.

One year from the date stated on the NOA2. Embassy will automatically extend the petition validity, so you don't have to do anything. But you do need to get the visa application done within that year.

[Bill & Ivy 6]

THANK YOU, HANK!!!!

[Tahoma 2,298]

Here's what the U.S Embassy Manila says about the issue:

As you are aware, an approved fiancée (K1) nonimmigrant visa petition is only valid for four months from the date of its approval. Consular officers may revalidate the petition several times. Each revalidation is good for an additional four months.

The petition is routinely revalidated provided the officer concludes that the petitioner and the beneficiary remain legally free to marry, and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States.

However, if the officer is not convinced that the U.S. citizen petitioner intends to marry the beneficiary, including instances where no action has been taken on the application for a year (i.e., a visa interview for the applicant and submission of required documentation), the petition may be returned to the approving U.S. Citizenship and Immigration Services office.