Help! K1 visa application status expired?

[sloppyJoester 1]

Our case status on ceac.state.gov says expired but I just requested an extension from the overseas embassy.

 

In April 2019 the NVC sent our application to the embassy in Guanzhou, China. I contacted the embassy in June 2019 to request an extension. This was their reply:

 

Quote

 

Dear Petitioner,

Thank you for your email.  We can postpone your application at your request.  Please contact us each year to keep the case valid if you intend to postpone further.  When you are ready to move forward with your application, please notify us two months in advance. 

 

 

It seemed like quite a long extension but for numerous reasons it turned out we actually needed the extension. I checked in with them a couple weeks ago on 6/23/20 and I got the same message back, probably a copy and paste. A few days ago I happen to check our case status on ceac.state.gov and it says expired and last updated on 6/30/20, after I contacted the embassy.

 

I'm confused as to what's going on. Is our case actually expired? I contacted the embassy again but haven't gotten a reply back yet. The wait is making me really anxious so I thought I would ask on here if anyone has any thoughts on this.

 

[Greenbaum 12,258]

This is a bit confusing. Your approved application (NOA2) is good for one year and extendable in four-month intervals by your embassy. Your first four months started with the NOA2 was issued. So count forward 4 months and that's your first expiration date. It sounds like you will keep getting those pat answers so it's best to wait till the embassy becomes operational and then try contacting them. Also, their website may have more information. 

 

You haven't completed your profile which also includes a timeline. Without some of that information it's hard for us to give you a complete answer. 

 

We need a little housekeeping on your end. Many of our answers are predicated on the information you supply in your profile. When we look at the left column and can't determine your timeline OR your Embassy it's hard for us to give you a factual answer. Our answers will sometimes be tailored to a specific Embassy hence the reason for you to complete your profile. If you look at the profile of others here, they have a flag for their country, so it makes it easy for us to reply as we can quickly determine their Embassy. The country that should be used is the country where the interview will take place.
 
So, if you could help yourself out and complete your profile that sure would help us out when we want to reply to your question with factual information.

 
Timeline: https://drive.google.com/file/d/1RTx4pIFfcIXyW15L-nyLuBGzwqYRx5lI/view?usp=sharing

Country and Visa Type: https://drive.google.com/file/d/1RyJiLo_7WTmqvkzXXqLuOlVHm9oyhAES/view?usp=sharing

 
Once you finish that then return and you will see a flag in your profile. Select it and see what wonderful information will open up for you.
 
Thanks 

[sloppyJoester 1]

Ok I just updated my profile and filled out timeline with info I know. 

 

Quote

Your approved application (NOA2) is good for one year and extendable in four-month intervals by your embassy. Your first four months started with the NOA2 was issued. So count forward 4 months and that's your first expiration date. It sounds like you will keep getting those pat answers so it's best to wait till the embassy becomes operational and then try contacting them. Also, their website may have more information.

Yeah I thought I only have 4 months originally but the embassy makes it sound like I can extend it year after year. The first time I contacted them was in June, 2019 when there's no virus and they were operational. Now a year later in June, 2020, I contacted them again and received the same answer. 

 

I just really hope our case isn't actually expired.

[Greenbaum 12,258]

2 hours ago, sloppyJoester said:

Ok I just updated my profile and filled out timeline with info I know. 

 

Yeah I thought I only have 4 months originally but the embassy makes it sound like I can extend it year after year. The first time I contacted them was in June, 2019 when there's no virus and they were operational. Now a year later in June, 2020, I contacted them again and received the same answer. 

 

I just really hope our case isn't actually expired.

Your case is now expired. Once you go beyond one years you must start over with a new submission. You were to have had your interview sometime in May or June 2019. You now must start over with a new submission. This time around you may want to marry and file a CR-1 visa. About the same time as the K-1 but cheaper and your fiancé will be authorized to begin work shortly after he/she arrives. Also, they will receive an SSN and Green Card quickly once they are here in the US.  

[payxibka 10,044]

2 hours ago, sloppyJoester said:

Ok I just updated my profile and filled out timeline with info I know. 

 

Yeah I thought I only have 4 months originally but the embassy makes it sound like I can extend it year after year. The first time I contacted them was in June, 2019 when there's no virus and they were operational. Now a year later in June, 2020, I contacted them again and received the same answer. 

 

I just really hope our case isn't actually expired.

I'd be thinking that you received the standard response for an i130.  

[Just Paul 4,591]

Consider a spousal petition.  Once it is approved by USCIS is never expires.

[sloppyJoester 1]

It's really frustrating when the embassy tells me one thing and reality is another. Spousal petition is hard since my fiance and I are in different countries and we can't travel due to Covid. I don't know what USCIS processing times are now amidst the pandemic but it's probably not fast if I need to restart. Anyway, thanks for the suggestions everyone.

 

 

[Sparkle Sparkle 913]

18 hours ago, sloppyJoester said:

It's really frustrating when the embassy tells me one thing and reality is another.

True and painful too...most response are generic ...creates a conducive environment for immigration lawyers to thrive....sorry this happened to you but please shed some light on why it took you so long to proceed and obtain a visa

[sloppyJoester 1]

It took really long for personal reasons. Fiance had to switch jobs between NOA1 and NOA2. We thought it would look bad if she quit only after a few months and new job could help her improve her chances of finding a job once she gets to the US.

[Just Paul 4,591]

3 minutes ago, sloppyJoester said:

It took really long for personal reasons. Fiance had to switch jobs between NOA1 and NOA2. We thought it would look bad if she quit only after a few months and new job could help her improve her chances of finding a job once she gets to the US.

The job status for the beneficiary does not matter.  Financially all that matters is the I-134 from the petitioner at the time of the interview.

 

Plus the beneficiary wouldn't be working anytime soon after entering the US.  She needs to marry, file for AOS and get and EAD.  That is 6+ months.

[Greenbaum 12,258]

19 hours ago, sloppyJoester said:

It took really long for personal reasons. Fiance had to switch jobs between NOA1 and NOA2. We thought it would look bad if she quit only after a few months and new job could help her improve her chances of finding a job once she gets to the US.

This is where you took the wrong turn. Hindsight is that you should have plowed forward and "let the chips fall" where they will. The embassy has really no concern over the employment factors for the beneficiary. Of course, with the advent of the I-944, Declaration of Self-Sufficiency this will add a new dimension to filing. They are only concerned with the income earnings of the petitioner for the interview. You still have options and your lives still may come together but it depends now on what course of action you will take. Good luck and stay engaged.