K1 Visa Petition Expired - No Interview

[TNJ17 1,329]

You’re gonna have to wait until Tuesday. Monday is a federal holiday here and all federal offices including embassies abroad are closed. 

[TenderHearted 39]

13 hours 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.

Is the date of USCIS action in this case the date that USCIS sends the K1 petition to NVC, or is it the date that NVC forwards the petition to the embassy?

 

If so, this is good to know, because my fiance might not be able to leave her country (Spain) for a few months after the 4 month window, due to family circumstances. It just gives me another good reason to make another trip, and enjoy Spain, and add to evidence as well.

[Greenbaum 12,258]

14 minutes ago, TenderHearted said:

Is the date of USCIS action in this case the date that USCIS sends the K1 petition to NVC, or is it the date that NVC forwards the petition to the embassy?

 

If so, this is good to know, because my fiance might not be able to leave her country (Spain) for a few months after the 4 month window, due to family circumstances. It just gives me another good reason to make another trip, and enjoy Spain, and add to evidence as well.

It's based on the NOA2 date from USCIS. Once the visa is issued she will need to be on US soil before the visa expires which in some Embassies is 6 months from visa approval and other's use from medical. So there are a few months after the issuing of the visa that she is allowed to put off coming to the US for a certain amount of time. 

[TenderHearted 39]

2 minutes ago, Greenbaum said:

It's based on the NOA2 date from USCIS. Once the visa is issued she will need to be on US soil before the visa expires which in some Embassies is 6 months from visa approval and other's use from medical. So there are a few months after the issuing of the visa that she is allowed to put off coming to the US for a certain amount of time. 

OK, that's good know. I will very likely have to ask the embassy for one extension based on her circumstances. With an extension, and the window to actually use the visa (which I think Spain is 4 months after visa approval), we should be good. Thank you for the insight!

[M_s2 0]

On 10/6/2018 at 12:36 PM, Greenbaum said:

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. 

I tried calling the US general consulate in Sydney but their immigration unit doesn’t take phone enquiries and I have to contact them via email through traveldocs. Just thought I’d update you :) I’m quite anxious at the moment but I did email them them on Friday, I really hope they don’t send back my paperwork before they read my email. I did pay for my MRV fee the morning of the day my petition expired (so it would’ve still been valid in the states due to time difference) but upon checking my bank, the fund is still pending. 

[Greenbaum 12,258]

1 hour ago, M_s2 said:

I tried calling the US general consulate in Sydney but their immigration unit doesn’t take phone enquiries and I have to contact them via email through traveldocs. Just thought I’d update you I’m quite anxious at the moment but I did email them them on Friday, I really hope they don’t send back my paperwork before they read my email. I did pay for my MRV fee the morning of the day my petition expired (so it would’ve still been valid in the states due to time difference) but upon checking my bank, the fund is still pending. 

Thanks for the update. I hope it goes through and your extension is granted. 

[M_s2 0]

On 10/6/2018 at 12:36 PM, Greenbaum said:

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. 

I had to get my fiance to email a handwritten letter stating that he still can and intends to marry me within 90 days of my arrival. Next I had to give information like my case number, DS-160 number etc which I did but I chose the wrong city for my DS-160 and just had to redo and email them the new number. I got an email from them saying that they had successfully updated my DS-160 number and that I can print out my appointment letter that they've emailed to me. I'm just waiting on the appointment letter which still hasn't arrived in my inbox but It has only been forty minutes. I'll keep you updated! I'm assuming that they're still organising the letter to be emailed to me.

[M_s2 0]

On 10/6/2018 at 7:50 AM, TNJ17 said:

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. 

Just letting others know in case they read you reply and are misled. Traveldocs has everything to do with extending a petition if your case is in the hands of your embassy. The Sydney US General Consulate only communicates through their traveldocs email "support-australia@ustraveldocs.com". 

[Greenbaum 12,258]

15 minutes ago, M_s2 said:

I had to get my fiance to email a handwritten letter stating that he still can and intends to marry me within 90 days of my arrival. Next I had to give information like my case number, DS-160 number etc which I did but I chose the wrong city for my DS-160 and just had to redo and email them the new number. I got an email from them saying that they had successfully updated my DS-160 number and that I can print out my appointment letter that they've emailed to me. I'm just waiting on the appointment letter which still hasn't arrived in my inbox but It has only been forty minutes. I'll keep you updated! I'm assuming that they're still organising the letter to be emailed to me.

This is good news. Your case is finally reaching the interview stage. Good luck mate.

[M_s2 0]

22 hours ago, Greenbaum said:

This is good news. Your case is finally reaching the interview stage. Good luck mate.

I got an interview date, but it was just stated in the email. They had attached a file but it was just my original petition. Was I meant to receive an appointment letter?

[Greenbaum 12,258]

10 hours ago, M_s2 said:

I got an interview date, but it was just stated in the email. They had attached a file but it was just my original petition. Was I meant to receive an appointment letter?

You'll find the answer from these links.

 

 

Read over this information and follow the instructions:

https://drive.google.com/file/d/1ws5bsSQru7Axg8SthLUANj1kx5pm8QNG/view?usp=sharing

https://drive.google.com/file/d/1DKRc5bBmpL5fesrMAP1RRLwucTnjOB6Y/view?usp=sharing

 

Join the sub forum for Australia found here

http://www.visajourney.com/forums/forum/146-australia-and-new-zealand/

 

Last go to the top of this page and under the tab "portals" on the blue ribbon choose it and then search for your country. Lots of information there.