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Posted

I had VISA original VISA scheduled on Fab 2022. It was Covid time, so I emailed to the consulate and requested to postpone. They responded that after the appoinment date passes, I can schedule a new date. After a few months I called to the consulate call center and asked if can schedule latter. They responded that I can do and I dont need to do any thing until status changes. I was told that I will be recieving an email before the change of status.
 

2 days before I saw the status changed to "EXPIRING SOON" and yet no email came.

It states the following:

Section 203(g) of the Immigration and Nationality Act requires that your registration be canceled and any petition approved on your behalf canceled, if you do not apply for your immigrant visa within one year of being advised to do so.

You were advised of this requirement over 1 year ago, but we have not received a response from you since then. As a result, your application for a visa has been canceled and any petition approved on your behalf has also been canceled.

Your application may be reinstated and any petition revalidated if, within one year, you can establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control. Please provide a written statement to the Embassy or Consulate outlining the circumstances beyond your control and noting that you still wish to pursue this visa petition.
For more information, please visit TRAVEL.STATE.GOV.
 

Needed help to respond to the consulate. What kind of reason stands valid for " circumstances beyond your control".
Filed: Citizen (apr) Country: Argentina
Timeline
Posted

Which country did not allow travelling in February 2022?

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

March 28, 2022 Fingerprints reused

July 18, 2023 approval

July 20, 2023 Card in hand

 

N400 

January 30,2023: Online filing

February 4th, 2023: Biometric appointment

June 15th, 2023: Case actively being reviewed

July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

Posted

What was the reason for you delaying your interview?
 

The last part says “Your application may be reinstated and any petition revalidated if, within one year, you can establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control.”

 

Were the circumstances beyond your control? If not, I don’t see the consulate granting reinstatement and you will have to apply again from the beginning.

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

It is a year later, what are the circumstances beyond your control?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
13 hours ago, Boiler said:

It is a year later, what are the circumstances beyond your control?

Yes, it is a year latter. There were few things, earlier some post covid related health issues and  later kids school board exams (which is critical mile stone) is scheduled in March this year.  Had I known the 1 year clause, I would have planned action a couple of months earlier.

 I had called several time to the consulate call center asking how long i can delay. They told me that you will be getting an intimation email with a timeline which I never got. I directly saw the status changed online. After that when I searched on google, I see that the information given to me over the call were incorrect. and this clause is known.
Obvious that I can not write this back with consulate even when I have call records.
Possibly, the question is what can be a reason "beyond control"  and how to communicate that appropriately.
 

Filed: K-1 Visa Country: Wales
Timeline
Posted

All I can think of is throwing yourself on the mercy of the Consulate or filing again.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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