I-797 NOTICE OF ACTION

[Austin96 15]

Hello,

 

Just received the I-797 Notice of Action (NOA2). It states approved Notice Valid from 07/14/2021 to 11/13/2021.

 

If on the assumption that the K1 Visa interview does not take place, as it is highly likely before the expiry date of 11/13/2021, will that invalidate my I-129F Petition or will the I-797 be automatically extended by the USCIS/NVC ?

 

 

[HRQX 4,146]

3 minutes ago, Austin96 said:

It states approved Notice Valid from 07/14/2021 to 11/13/2021.

At the visa interview the CO will extend it: https://fam.state.gov/fam/09FAM/09FAM050207.html "you may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided you conclude 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. However, the longer the period since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States."

[Austin96 15]

Just now, HRQX said:

At the visa interview the CO will extend it: https://fam.state.gov/fam/09FAM/09FAM050207.html "you may revalidate the petition any number of times for additional periods of four months from the date of revalidation, provided you conclude 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. However, the longer the period since the filing of the petition, the greater the concern about the intentions of the couple, particularly the intentions of the petitioner in the United States."

Thank you !!!!!

[Wuozopo 4,294]

1 hour ago, Austin96 said:

Hello,

 

Just received the I-797 Notice of Action (NOA2). It states approved Notice Valid from 07/14/2021 to 11/13/2021.

 

If on the assumption that the K1 Visa interview does not take place, as it is highly likely before the expiry date of 11/13/2021, will that invalidate my I-129F Petition or will the I-797 be automatically extended by the USCIS/NVC ?

 

 

This is what the K1 instructions are for London.  It’s just like the letter sent with the petition, but a new/current date to show the American fiancé is still in the ballgame.
 

Petition Affirmation Letter (if applicable)

If your petition expires before the visa interview takes place, you are required to bring to your interview a signed letter from your petitioner confirming that you both remain legally free to marry and that you will marry within 90 days of your arrival in the United States.

 

 

And the FAQs have this

I am applying for a K-1 visa, I have heard that I need a letter from my fiancé(e) to reaffirm the petition, what is this?

If the visa interview is scheduled more than 4 months from the date the petition is approved, the applicant is required to provide an original letter from the petitioner, confirming that they both remain legally free to marry and that they intend to do so within 90 days of the applicant’s entry to the United States.  There is no requirement that the letter be notarized

Edited July 20, 2021 by Wuozopo

[Austin96 15]

17 hours ago, Wuozopo said:

This is what the K1 instructions are for London.  It’s just like the letter sent with the petition, but a new/current date to show the American fiancé is still in the ballgame.
 

Petition Affirmation Letter (if applicable)

If your petition expires before the visa interview takes place, you are required to bring to your interview a signed letter from your petitioner confirming that you both remain legally free to marry and that you will marry within 90 days of your arrival in the United States.

 

 

And the FAQs have this

I am applying for a K-1 visa, I have heard that I need a letter from my fiancé(e) to reaffirm the petition, what is this?

If the visa interview is scheduled more than 4 months from the date the petition is approved, the applicant is required to provide an original letter from the petitioner, confirming that they both remain legally free to marry and that they intend to do so within 90 days of the applicant’s entry to the United States.  There is no requirement that the letter be notarized

Thanks for your response, much appreciated.