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MeghanK

I-129f request for extension, concerning response from consulate

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Hey K1 friends, I posted this issue in the Canada forum a few days ago and it didn't get any replies, so because I'm extremely stressed out, I'm posting here in the hopes of broadening my pool of readers. 

 

We have had a bit of an unexpected personal hold up on ability to book our K1 visa interview. Our I-129f expires Feb 15th and we might not be able to book our interview until late March (putting us at roughly a May interview date). Up until now I've always read that Montreal is good at extending the expiry date of I-129fs, and typically do it automatically.... but I sent a request to extend it yesterday and got this reply from the Consulate:

 

"We encourage applicants to pursue their K-1 visa applications as soon as possible, since the validity of the I-129F petition is only 4 months.

 

Although consular officers have the authority to revalidate the I-129F petition for another 4 months, they are not legally required to do so for every case. These decisions are rendered on an individual case basis at the time of the interview."

 

As an update, since then I replied back to the consulate asking if there was any further information they could give me on what criteria is used to determine an extension, and requested for my issue to be brought to a supervisor (I know - wasted hope), because we would like to be able to determine whether or not we would be able to wait it out or if we HAVE to book the interview immediately. Basically they sent me back the exact same response with am added paragraph about not booking anything until Visa in hand (so COMPLETELY irrelevant to my issue).

 

Can anyone offer advice - is this a standard robo-reply? Should I not be as worried as I am? I'm so stressed out not knowing if we should make the decision to book the next interview and sacrifice what we are delaying it for, or if we are fine to wait it out and book when we want and assume we will get the extension. Montreal has been more useless than USCIS and I feel absolutely helpless not knowing what we are able to do.  


4/14/2018 - Mailed I-129f

4/17/2018 - NOA1

10/16/2018 - NOA2

11/13/2018 - NVC received 

11/20/2018 - Case # assigned

11/27/2018 - Left NVC

11/29/2018 - Consulate received

12/12/2018 - P3 received

12/31/2018 - P3 sent

1/10/2019 - P4
3/27/2019 - Interview

 

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They automatically update it as long as the interview has been booked within the 4 month period. 

You can always move the interview date.  Book it now and move it. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Just now, NikLR said:

They automatically update it as long as the interview has been booked within the 4 month period. 

That's the issue - We are unable to book right now and our petition expires Feb 15th :(


4/14/2018 - Mailed I-129f

4/17/2018 - NOA1

10/16/2018 - NOA2

11/13/2018 - NVC received 

11/20/2018 - Case # assigned

11/27/2018 - Left NVC

11/29/2018 - Consulate received

12/12/2018 - P3 received

12/31/2018 - P3 sent

1/10/2019 - P4
3/27/2019 - Interview

 

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11 minutes ago, NikLR said:

what do you mean unable? like there's no dates?  then they automatically extend until there are dates. 

No, there are dates, we are trying to delay for personal reasons but thank you soooo much for the suggestion to book and then change the date, I hadn't even thought of this! 


4/14/2018 - Mailed I-129f

4/17/2018 - NOA1

10/16/2018 - NOA2

11/13/2018 - NVC received 

11/20/2018 - Case # assigned

11/27/2018 - Left NVC

11/29/2018 - Consulate received

12/12/2018 - P3 received

12/31/2018 - P3 sent

1/10/2019 - P4
3/27/2019 - Interview

 

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Their response is correct - the decision to extend the validity of the petition is discretionary.

In practice they do, but they aren't promising anything beforehand, and the CO handling the case is not the one responding.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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11 minutes ago, geowrian said:

Their response is correct - the decision to extend the validity of the petition is discretionary.

In practice they do, but they aren't promising anything beforehand, and the CO handling the case is not the one responding.

Thank you! It does help knowing that this response is as per usual, knowing that they typically are likely to extend. But I'm still too paranoid, so I think we are just going to bite the bullet and book/attend an available interview. Not worth the risk of losing the visa and having to start over. 😕


4/14/2018 - Mailed I-129f

4/17/2018 - NOA1

10/16/2018 - NOA2

11/13/2018 - NVC received 

11/20/2018 - Case # assigned

11/27/2018 - Left NVC

11/29/2018 - Consulate received

12/12/2018 - P3 received

12/31/2018 - P3 sent

1/10/2019 - P4
3/27/2019 - Interview

 

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You'll be fine. :)


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Not sure if this is helpful to your situation or not (and you may already know), but do be aware that if you were to interview earlier and received your visa, you’re not obligated to move immediately. You will have 6 months from the date of your medical to use the visa, which may give you more wiggle room. 

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11 hours ago, MeghanK said:

No, there are dates, we are trying to delay for personal reasons but thank you soooo much for the suggestion to book and then change the date, I hadn't even thought of this! 

Appears you are the book now and change date approach.

6 hours ago, C32 said:

Not sure if this is helpful to your situation or not (and you may already know), but do be aware that if you were to interview earlier and received your visa, you’re not obligated to move immediately. You will have 6 months from the date of your medical to use the visa, which may give you more wiggle room. 

But will @C32 suggestion work for you?

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We let ours expire by accident (yes, totally our fault) and ended up getting it extended for more than 8 months. It wasn't even an issue. They asked us to submit proof that we were still together. He had his interview a month after we contacted them. Granted, that may depend on the consulate and their discretion.

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Thank you everyone for the responses, much appreciated! We booked an interview date, and we might just keep it and hope what we need done gets done within the 6 month visa validity, you know, assuming we get the visa 😂🤞


4/14/2018 - Mailed I-129f

4/17/2018 - NOA1

10/16/2018 - NOA2

11/13/2018 - NVC received 

11/20/2018 - Case # assigned

11/27/2018 - Left NVC

11/29/2018 - Consulate received

12/12/2018 - P3 received

12/31/2018 - P3 sent

1/10/2019 - P4
3/27/2019 - Interview

 

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56 minutes ago, MeghanK said:

Thank you everyone for the responses, much appreciated! We booked an interview date, and we might just keep it and hope what we need done gets done within the 6 month visa validity, you know, assuming we get the visa 😂🤞

All the best with your interview. Hopefully, you get your Visa and use the 6 months validity period to take care of any personal things.

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