Why are there no procedures for extending I-129F's and Medical Exams with Waivers?

[netsatwork 0]

I am a little upset right now, but I will try to ask this without inserting too much of my own disappointment with the visa system. Firstly, I have found out today that our waiver approval from Seoul has apparently been lost on its way to Tokyo. My fiance has received her letter saying it was approved, but Tokyo has no such information. It has been almost two weeks since it was mailed. It costs $25 to call and check the status in Tokyo (even though Seoul just answers the phone for free) and they still don't offer to just call Seoul and see what is going on.

I also find out that: (A.) My fiance's I-129F is expired as of March 1 and she will need to send a signed letter stating that she still wishes to continue the I-129F process in order to extend the petition and (B.) that once a visa is approved it will only be valid until June 11th since her interview was complete January 11th and the medical exam is only good for 6 months. If anything gets messed up and she has no visa before June 11th, she'll have to go back to Osaka and get another exam and then submit it.

Why aren't there procedures in place to extend these 'rules' when a waiver is processing?? They know that it won't be approved before March 1. Why isn't a courtesy notification sent to tell us 'Just wanted to let you know the I-129F expired, please send a letter to extend the request."?

Maybe Tokyo is wrong about these two items?

I find it amazing that some systems of government (i.e. taxes) are so efficient and electronic, and this process that so deeply affects people's lives is so archaic. Sorry, just disappointed right now even though I still am ultimately glad we are upset about an 'approved waiver'

[payxibka 10,045]

1) Why should special rules apply because an alien violated previous rules and now needs added processing?

2) The consulate can extend themselves it just sounds like they are not willing unless you tell them. See #1 above.

3) The 6 mos. medical rule is the rule and it is what it is. See #1 above.

[Bernie C 24]

I also find out that: (A.) My fiance's I-129F is expired as of March 1 and she will need to send a signed letter stating that she still wishes to continue the I-129F process in order to extend the petition

Did you read the NOA2 when you received it? There is an expiration date and it was your responsibility to be aware of it. While many consulates will automatically extend the petition expiration date when the visa application is in process they are not required to do it "automatically". Simply send the letter and that point will be adressed.

Its not Tokyo's responsibility to check up on Seoul. When you contacted Seoul did you ask how the waiver was sent and when it was sent. Maybe you can get this information and track the letter. If it was truly lost then you may need to request that they resend it. If its only been two weeks I would guess that its proably sitting in the mail room. Hopefullly there was a case number on it to tie it to your case.

[emt103c 10]

nets, the medical exam is supposed to be valid for a year, it is the police certificates that usually only last 6 months (though some consulates apparently have different rules for the police certs than others. . .but the medical is usually VERY consistent.)

As for the extension on the fiance visa, count yourself lucky that you get to send the letter to extend the process some consulates let it die without ever telling you.

Also count yourself lucky that the waiver was granted so quickly. . .you are expecting too much from the system. It takes up to 30 days (that they allow themselves) to transfer approvals from one office to the next. Until it's been 30 days, you have no grouds to inquire or complain. . .

[netsatwork 0]

Yes, I am trying to keep things in perspective, but I think anyone in the midst of this process knows how frustrating it can be to feel that things are finally moving forward and then find that small things have slowed it all down again. My main point was if Tokyo was incorrect or missed something in their statements about the I-129F and medical. Thanks for the information regarding that. We are sending the letter tomorrow and will work again on Monday to get things resolved. The waiver was approved and we are very thankful, but, of course, I miss her so so much.

I know the system is what it is, but I still see so many things that could improve it and make life better for a lot of people. I'm not saying that I specifically deserve better, but I think we all do.

[payxibka 10,045]

Yes, I am trying to keep things in perspective, but I think anyone in the midst of this process knows how frustrating it can be to feel that things are finally moving forward and then find that small things have slowed it all down again. My main point was if Tokyo was incorrect or missed something in their statements about the I-129F and medical. Thanks for the information regarding that. We are sending the letter tomorrow and will work again on Monday to get things resolved. The waiver was approved and we are very thankful, but, of course, I miss her so so much.

I know the system is what it is, but I still see so many things that could improve it and make life better for a lot of people. I'm not saying that I specifically deserve better, but I think we all do.

Tokyo is not incorrect...

[redglasses 1]

What Tokyo said is all stated on their website...

The approved petition I-129 is valid for four months. In order to qualify for a K visa, you must apply for your visa before the end of this four months period. If you need more than four months to finalize your visa application, your petition must be extended for an additional four months. (The validity of the petition is noted in the Notice of Approval I-797 sent by USCIS to the US citizen petitioner or to the attorney assigned.)

In case you need to extend your petition, please ask your fiancé(e) to send a signed and dated letter, address to the “U.S. Consul" of the U.S. Embassy in Tokyo or U.S. Consulate in Naha by fax (Tokyo: 03-3224-5929 Naha: 098-876-4243) which reaffirms his/her interest in bringing you to the U.S. and request an extension of the validity of your petition for an additional four months. In the letter, your fiancé(e) must also include a reason why he/she would like an extension. As soon as we received this letter, we will normally extend the validity of your petition by four months.

Medical examinations conducted in connection with immigrant visa applications have a maximum validity of six months and must be valid when you enter the U.S. The consular officer shall limit the visa’s validity to a period of validity of the medical examination. If the alien cannot arrive in the United States within six months of the date of the medical examination, the alien must repeat the examination.

[belinda63 3,022]

Same thing happened to us in regards to his extended AP. I had already, prior to the final visa, sent a new affidavit of support, but he still had to have a new medical exam done. The good news was his new interview was only about 3 minutes long and he had his visa in about 2 days. I know it is a hassle and added expense but the law is what it is.