Time to enter the US after visa approval

[PickleChips 56]

We are using a lawyer for our K1 visa application (please no judgement, we started the process and paid the lawyer before we found VJ! Invaluable after-the-fact advice found here).

Here is an excerpt from my communication with her that I wanted to check the accuracy of:

It can be about 2-4 weeks for it to end up at the consulate after approval. What governs, is not time after the medical exam, but the length of time they issue the visa for. Sometimes they do 6 months, but sometimes they do 4.

It was my understanding that it is standard to have 6 months to enter the US from our medical exam date?!? Is she on crack or is this a possibility?

It wouldn't normally matter, we have been long distance for a couple of years already (what's another few months!) but my USC fiancé is currently serving overseas and not due to return until next year. We are trying to time it with his return and looking at the earliest possible date to send the application. We don't want to have it expire before he gets back obviously!

Any thoughts on the matter?

Thanks!

[Snowsidhe 0]

I am sure that others can and will correct me if I am wrong. From what research I have done. When the Visa is approved (after your Visa Interview) you have 6 months in which to enter the United States. I do not believe the approval date starts from the time of the medical exam, but I am not sure as my fiance just had his Interview recently.

Good luck though.

[PickleChips 56]

I have actually heard both: that the clock starts ticking from the interview date, also that it is from the medical exam date. Either way, it does not matter as these dates will be close together (within days of each other).

What I was wondering is if anyone else had heard that you can be issued a visa that is valid for only 4 months to enter the US post interview as opposed to the 6 months that seems to be universally accepted on this site?

She's a lawyer: she sees USCIS, NVC and consulate matters daily, so I was thinking that I should give credence to her statement that I could possibly be issued a visa for less than 6 months. However, the good folks at VJ are just as educated, informed and experienced in all matters immigration so I was looking to pick your brains as to whether anyone had seen this happen!

[Zedayn 486]

We are using a lawyer for our K1 visa application (please no judgement, we started the process and paid the lawyer before we found VJ! Invaluable after-the-fact advice found here).

Here is an excerpt from my communication with her that I wanted to check the accuracy of:

It can be about 2-4 weeks for it to end up at the consulate after approval. What governs, is not time after the medical exam, but the length of time they issue the visa for. Sometimes they do 6 months, but sometimes they do 4.

It was my understanding that it is standard to have 6 months to enter the US from our medical exam date?!? Is she on crack or is this a possibility?

It wouldn't normally matter, we have been long distance for a couple of years already (what's another few months!) but my USC fiancé is currently serving overseas and not due to return until next year. We are trying to time it with his return and looking at the earliest possible date to send the application. We don't want to have it expire before he gets back obviously!

Any thoughts on the matter?

Thanks!

To clarify, what application are you sending? Is it the I-129F petition, or did you already receive your NOA2 and you are actually applying for the visa?

[PickleChips 56]

We will be sending the I-129F petition. My timeline is blank because we started to fill out forms and gather evidence to petition back in March but my fiancé was given deployment orders the day we dropped the paperwork off at the lawyer's!

He is due back in 8 months and we are counting on a lengthy process but allowing for a quicker approval if in fact things go smoothly (who am I kidding here though? haha) Hence the timing issue.

Edited September 30, 2014 by Katmedic

[Zedayn 486]

We will be sending the I-129F petition. My timeline is blank because we started to fill out forms and gather evidence to petition back in March but my fiancé was given deployment orders the day we dropped the paperwork off at the lawyer's!

He is due back in 8 months and we are counting on a lengthy process but allowing for a quicker approval if in fact things go smoothly (who am I kidding here though? haha) Hence the timing issue.

You don't have anything to worry about. I would go ahead and send the petition when you can.

It can take up to 6 months for your petition to be approved. Once you receive your NOA2, your approval of the I-129F petition, it can take up to 8 weeks for the NVC to receive it and send it to the embassy. Once you are issued the visa, it is usually valid for 6 months.

[PickleChips 56]

That's what I thought too about the length of time that it takes for the NVC to receive and forward the petition! I read VJ fairly regulary to get an idea of time frames and her email seemed out of sync with actual VJers experiences.

She wrote in her email: It can be about 2-4 weeks for it to end up at the consulate after approval.

"On what planet?" is what I thought when I read that. I read VJ members stories daily detailing how long it takes the consulates to receive the NOA2!

Ahh, lawyers!

Edited September 30, 2014 by Katmedic

[sweetgal8 4]

Hi my fiance is in the military too he is currently deployed we sent our app in february 2014 and received our noa2 in mid august. So you should count 6 months from the time you send your app. Then once you receive your noa2 you have 4 months to send docs to your embassy once you have received your packet 3.

The visa is good for 6 months from the date the visa is issued. It will say on the visa itself. They are very good with military folks dont worry...

Edited October 1, 2014 by sweetgal8

[KayDeeCee 4,902]

The K-1 visa can have a maximum of 6 months validity. It can be shorter based on medical date or having medical conditions. If Canada routinely issues the K-1 with a 6 month validity unless you have a medical condition, then it will most likely be 6 months. Each consulate has their own procedures.

[chiggins82 88]

I emailed the Vancouver Consulate about this and they told me that the expiration of the K1 visa is tied to the date of the medical (why they ask that you get your medical close to the interview date).

I-129F will have 4 month validity once approved (mine did, have not heard of anyone getting something different on here). However, they are pretty open to extending this if you need it (I did this with Vancouver). That 4 months is the time they want you to get your packet 3, complete it and complete the medical and interview.

Then once the K1 is issued, it will have a new date. Some seem to tie it to when they approve the visa, others to the medical. I don't have mine yet, but I do have it in writing from Vancouver that consulate will make the expiration 6 months from the date of the medical.

Hope that helps.

[baron555 934]

It can be about 2-4 weeks for it to end up at the consulate after approval. What governs, is not time after the medical exam, but the length of time they issue the visa for. Sometimes they do 6 months, but sometimes they do 4.

We've seen this a few times......that being said....we have also seen many cases where the Embassy has extended the visa usage beyond the 4 or 6 months due to unique circumstances....yours would certainly qualify.

[PickleChips 56]

I emailed the Vancouver Consulate about this and they told me that the expiration of the K1 visa is tied to the date of the medical (why they ask that you get your medical close to the interview date).

I-129F will have 4 month validity once approved (mine did, have not heard of anyone getting something different on here). However, they are pretty open to extending this if you need it (I did this with Vancouver). That 4 months is the time they want you to get your packet 3, complete it and complete the medical and interview.

Then once the K1 is issued, it will have a new date. Some seem to tie it to when they approve the visa, others to the medical. I don't have mine yet, but I do have it in writing from Vancouver that consulate will make the expiration 6 months from the date of the medical.

Hope that helps.

Thank you so much, this is VERY helpful!

We are planning on it taking the average 5-8 months, we just didn't want to get burned if it went through much faster (as I have noticed some fellow Canadians being approved in less time). We are one of those cases where we DON'T want to be approved quickly!

[ryna 132]

It can be up to 6 months, and usually is, but I've seen cases here on VJ of as little as 2 months of validity. The bottom line is that you have as much time as the visa says you have.

[ryna 132]

Oh, and if you are referring to the 4 month validity of the I-129F petition, consulates can extend that on their own based upon their own interview schedule/workload. For example, if the consulate is scheduling interviews 6-8 months out, the 4 month I-129F vailidity will be extended to meet their (and, with good reason, most likely your) schedule.

[chiggins82 88]

Thank you so much, this is VERY helpful!

We are planning on it taking the average 5-8 months, we just didn't want to get burned if it went through much faster (as I have noticed some fellow Canadians being approved in less time). We are one of those cases where we DON'T want to be approved quickly!

No problem, I am in the same boat as you. We planned on this taking 8-10 months, but our I-129F got approved in 1 month... Which I did not expect at all! It's frustrating the timing is all over the place.