Approved K1 Visa, unable to travel COVID-19

[Busybees 0]

Hi All,

 

My fiancee's visa was approved at her interview on February 26th this year, and she received the physical visa in the first week of March. However, as we are all aware, most countries were shut down within a week or two afterwards due to the pandemic. Now, after several bouts of rescheduling plan tickets, her home country is *currently* planning to reopen international travel August 1st. Considering her visa expires August 19th, the possibility of her not being able to use her visa concerns me. I have read online that a visa's expiration date can be extended due to unforeseeable circumstances (such as a natural disaster), but I can't find any information beyond that.

 

I plan on calling the embassy as soon as they reopen, but in the meantime, does anyone know the process of requesting a visa extension?

[milimelo 4,194]

There’s no visa extension. There’s visa reissuance but will entail new medical and other paperwork. Do your best to get your fiancé in before the visa expires. 

[geowrian 22,335]

The above is correct.

 

25 minutes ago, Busybees said:

I have read online that a visa's expiration date can be extended due to unforeseeable circumstances (such as a natural disaster), but I can't find any information beyond that.

I can't find anything for K visas specifically. A K visa is an NIV but is treated very similarly to an IV. The FAM does not provide for extensions of an IV, only a re-issuance.

The validity period of a K visa or IV is constrained by the validity period of the medical exam. The visa cannot be reissued if that is expired (as you would not be eligible for it anymore). Reissuing a visa before it expires and with the same medical would not change its expiration date.

https://fam.state.gov/fam/09FAM/09FAM050410.html

Quote

9 FAM 504.10-5  (U) Issuance of New or Replacement Visas

9 FAM 504.10-5(A)  (U) Issuing Replacement Visa During Validity of Original Visa

(CT:VISA-411;   07-20-2017)

a.  (U) If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired.  You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible.

b. (U) An applicant who will be or was unable to use an IV during its validity period because of reasons within the applicant's control can submit a new visa application if the petition has not been revoked and if the basis for immigration still exists (i.e., familial relationship).  This also applies for new IV applications outside of the original IV's fiscal year of issuance.

 

Edited June 12, 2020 by geowrian

[Rovii 0]

32 minutes ago, Busybees said:

Hi All,

 

My fiancee's visa was approved at her interview on February 26th this year, and she received the physical visa in the first week of March. However, as we are all aware, most countries were shut down within a week or two afterwards due to the pandemic. Now, after several bouts of rescheduling plan tickets, her home country is *currently* planning to reopen international travel August 1st. Considering her visa expires August 19th, the possibility of her not being able to use her visa concerns me. I have read online that a visa's expiration date can be extended due to unforeseeable circumstances (such as a natural disaster), but I can't find any information beyond that.

 

I plan on calling the embassy as soon as they reopen, but in the meantime, does anyone know the process of requesting a visa extension?

Hi. I'm in the same situation. My fiance's visa interview was on Feb 27th and got his passport in the first week of March. Ever since then, our flight has been rescheduled 5 times. My fiance's visa expires on 27th Aug. We are worried that we will have to go through the visa process again. It's unfair. But all we can do is just wait for the embassies or airports to reopen as it's something we can not control. 

[igoyougoduke 1,604]

It is what it is .. No one had planned for COVID -19. The law states no extensions.

[Just Paul 4,591]

3 minutes ago, Rovii said:

We are worried that we will have to go through the visa process again.

Fortunately it is just the consulate portions (DS-160m, medical, updated documents and potential interview) and not starting back at USCIS.   Plan on getting updated Letter of Intent letters and an I-134 to be safe!

[RKarim 2]

Good day how long was ur k1 process? 

[Sparkle Sparkle 913]

@Busybeesis I would recommend she tries to get here asap. I if visa expires she might have to go through the process of visa issuance again + at this stage the embassy won't entertain any inquiries until the visa expires 

[retheem 553]

If i were you, i would try to get into the country soon. 

[arken 4,197]

33 minutes ago, retheem said:

If i were you, i would try to get into the country soon. 

One can’t leave a country when there are no international flights and that the OP’s fiance’s problem.

 

To the OP:

As said, just wait and see when Nepal resumes international flights. While existing visa won’t be extended, the Consulate or Dept of State may come up with the provision of reissuing the visa for expired cases by reapplying for it with new medical and so. Once the US embassy in KTM resumes its service, they will provide further info. Till then it’s just wait and see game. Just home Nepal resumes starting the flight much earlier than August.

[Lenchick 133]

20 hours ago, Busybees said:

Hi All,

 

My fiancee's visa was approved at her interview on February 26th this year, and she received the physical visa in the first week of March. However, as we are all aware, most countries were shut down within a week or two afterwards due to the pandemic. Now, after several bouts of rescheduling plan tickets, her home country is *currently* planning to reopen international travel August 1st. Considering her visa expires August 19th, the possibility of her not being able to use her visa concerns me. I have read online that a visa's expiration date can be extended due to unforeseeable circumstances (such as a natural disaster), but I can't find any information beyond that.

 

I plan on calling the embassy as soon as they reopen, but in the meantime, does anyone know the process of requesting a visa extension?

why can't she use her visa? She will have 19 days. Her visa will be still valid until the last day

Edited June 13, 2020 by Lenchick

[Loren Y 2,731]

You have to get creative in these situations. Get your Fiancee from Nepal to New Delhi, India via land, looks like a not to bad bus ride, train, camel, etc.....

 A citizen of Nepal entering India by land or air does not require a passport or Visa for entry in India. ... Voter's Identification Card issued by the Election Commission of Nepal. Limited Validity photo-identity certificate issued by Nepalese Missions in India when deemed necessary.

 

Then Get on any of these flights to the US from New Delhi, I recommend Japan Airlines into LAX, as it is the cheapest I found. Buy round trip to save money, and cancel return leg, once in LAX book flight close to you in the US. Flights leave as early as June 16th...

 

Flights are not cheap, but available. Saw some under 1000

 

 

 

Edited June 13, 2020 by Loren Y

[Ban Hammer 12,835]

one post removed for tos violation.  admin action has been taken.

post constructive advice only.

 

charles
vj moderation

[arken 4,197]

On 6/13/2020 at 11:13 AM, Loren Y said:

You have to get creative in these situations. Get your Fiancee from Nepal to New Delhi, India via land, looks like a not to bad bus ride, train, camel, etc.....

 A citizen of Nepal entering India by land or air does not require a passport or Visa for entry in India. ... Voter's Identification Card issued by the Election Commission of Nepal. Limited Validity photo-identity certificate issued by Nepalese Missions in India when deemed necessary.

 

Then Get on any of these flights to the US from New Delhi, I recommend Japan Airlines into LAX, as it is the cheapest I found. Buy round trip to save money, and cancel return leg, once in LAX book flight close to you in the US. Flights leave as early as June 16th...

 

Flights are not cheap, but available. Saw some under 1000

 

 

 

How can one travel to Delhi from Nepal without a bus service or a flight? At this time no public transport and no flights in and out of Nepal unless repatriation transport.
 

[Loren Y 2,731]

1 hour ago, arken said:

How can one travel to Delhi from Nepal without a bus service or a flight? At this time no public transport and no flights in and out of Nepal unless repatriation transport.
 

I was able to get all the way to payment to purchase a ticket. I will try calling, but I am pretty sure buses are running.