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M_s2

K1 Visa Petition Expired - No Interview

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I only just realised yesterday night that there was an expiry on the petition being the 6th of October. I emailed traveldocs which was listed as a contact under the Sydney US Consulate. I asked for an extension but since it is now the weekend I won’t get a reply and by the time they read my email, the petition would be expired. I haven’t organised my interview yet and I’m very worried. I was planning to do so this month.

 

Any experience/advice? 

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Travel docs has nothing to do with that. You need to give out more information before we can give you advice. What part of the process are you on? Does your embassy have your case? Is it still at NVC? Is there something pending and that’s why they haven’t done your interview yet? After a petition is approved with a K1 it’s usually transferred to NVC for a case nemuber then sent down to the embassy. All that takes about a month. Not really long enough to be over the expiration date for your petition so something must have gotten held up. A K1 petition is usually valid for at least 4 months or so. You need to figure out where your case is and ask why it’s being held up. If it’s still at USCIS they’ll just renew your petition automatically but if it’s not then you need to find out what happened. 

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The NVC received our petition and gave us a case number. They said they were sending it to my local consulate and that was the last time they contacted us which was on July 12th 2018. We haven't been contacted by the embassy at all so I assumed I am the one to contact them and organise an interview.

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Well yes and no. After NVC sends your petition down to the embassy it is your responsibility or the applicant’s to follow up with the next steps. That’s paying the visa fee and scheduling your own interview and medical. Did you not do any of that? If you didn’t and your petition is now expired the embassy probably thought you abandoned your application and now that it’s expired it will be sent back to USCIS. You’re gonna have to call uscis or NVC or the embassy and find out where your case is now. A good starting point is checking ceac if you have the number from NVC. My opinion is if your petition is expired and you didn’t schedule your interview or medical or pay visa fees your case is deemed abandoned and it’s going back to USCIS. Unfortunately if it is that you’ll have to start all over. 

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I'm not even sure how to pay for the visa fee. When I was researching I read that you can pay for the visa fee on the day of the interview at the consulate. I have completed my medical visa and have the sealed document from them as well. Will the medical completion itself be enough validation that I had no intention to abandon? I will call up the NVC though and see what is happening.

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You need to do a lot more research about this process. Go on the embassy website and find the guidelines for a K1 process. You have to schedule and pay the fee online unless instructed otherwise by the embassy. Your medical exam will not be enough if your petition is expired. I don’t think NVC can help you at all. This is gonna be a call to your embassy or USCIS. Most likely USCIS. You first need to find out where your case is. It might still be at the embassy since it’s a recent expiration date. But if it’s not there then it will be at USCIS. You will eventually need to deal with USCIS and see if they will renew it but my opinion is they won’t. Read read read. 

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Posted (edited)
3 hours ago, M_s2 said:

I just paid for the MRV fee and it got accepted. Hopefully when they view my case Monday they'll see my intent. 

Contact the Embassy and explain the situation. Your NOA2 expiration date is 1 year from approval. The Embassy is the one that grants an extension in increments of 4 months at a time. Let's see what they say on Monday. You'll probably get the extension and complete the process. 

Edited by Greenbaum

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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2 minutes ago, Greenbaum said:

Contact the Embassy and explain the situation. Your NOA2 expiration date is 1 year from approval. The Embassy is the one that grants an extension and will do so at 4 months at a time. Let's see what they say on Monday. You'll probably get the extension and complete the process. 

Thank you for the positivity! I really needed it. Was feeling awful. So just to confirm,  NOA2 has a validity period of one year despite the form having a four month validity? Thank you again for your response!! I will definitely be contacting them the second they open Monday :) 

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2 minutes ago, M_s2 said:

Thank you for the positivity! I really needed it. Was feeling awful. So just to confirm,  NOA2 has a validity period of one year despite the form having a four month validity? Thank you again for your response!! I will definitely be contacting them the second they open Monday :)

Here is the regulation that spells this out in the event you need it for proof.

 

9 FAM 41.81 N6.2 Validity of a K-1 Petition

(CT:VISA-2165; 08-21-2014)

An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, 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.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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1 minute ago, Greenbaum said:

Here is the regulation that spells this out in the event you need it for proof.

 

9 FAM 41.81 N6.2 Validity of a K-1 Petition

(CT:VISA-2165; 08-21-2014)

An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, 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.

Thank you! My concern is that my petition expired today so I have to hopefully contact them Monday in hopes they haven’t sent back my paperwork to the USCIS. I’m crossing every finger and toe right now :((( at least the consulate has the ability to increase my validity by another four months if it’s still in their hands.

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Just now, M_s2 said:

Thank you! My concern is that my petition expired today so I have to hopefully contact them Monday in hopes they haven’t sent back my paperwork to the USCIS. I’m crossing every finger and toe right now :((( at least the consulate has the ability to increase my validity by another four months if it’s still in their hands.

Let's call on Monday and see what they have to say. Your file isn't leaving for a few days if even that. You still have some time. 


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Just now, Greenbaum said:

Let's call on Monday and see what they have to say. Your file isn't leaving for a few days if even that. You still have some time. 

Thank you so much! You literally made my day :)! I’ll update Monday and hopefully have good news xP 

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1 minute ago, M_s2 said:

Thank you so much! You literally made my day :)! I’ll update Monday and hopefully have good news xP 

Great. I would like to hear the outcome. I have never come across this before that a case has gotten this far to where it has expired. I normally can cut it off before it expires by reminding people of the regulations. So I am curious. Have a good weekend. 


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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