K-1 Extension

[scottseattle 0]

Hi all, well we are on our way to interview soon, I need to send my I-134, but otherwise all is done and just waiting. We have planned to travel to the US in September, but what is my fiancee's plans to work out, and she needs an extension to the K-1? How hard is it to get, and what kind of circumstances warrant it? She is a student and very worried about her final, so if she for some reason does not pass, she will need to stay. Or, she can enter the country, and go back on a advance parole, which I think can last for up to 6 months? Of course she is going to do just fine. Sorry for lack of timeline, no internet at home as I am remodeling our new place. She is from Germany, and so far the process has been very fast.

Thanks

Scott

[Yodrak 7]

Scott,

A K1 visa cannot be extended. I don't know about re-issued in the event that it isn't used before it expires - have a look at 9 FAM 41.81 or ask the consulate involved as they're the ones who'd be doing it (or not). Speak with someone knowledgable in the IV Unit, not anyone who just happens to anwer the phone.

Yodrak

Hi all, well we are on our way to interview soon, I need to send my I-134, but otherwise all is done and just waiting. We have planned to travel to the US in September, but what is my fiancee's plans to work out, and she needs an extension to the K-1? How hard is it to get, and what kind of circumstances warrant it? She is a student and very worried about her final, so if she for some reason does not pass, she will need to stay. Or, she can enter the country, and go back on a advance parole, which I think can last for up to 6 months? Of course she is going to do just fine. Sorry for lack of timeline, no internet at home as I am remodeling our new place. She is from Germany, and so far the process has been very fast.

Thanks

Scott

[john_and_marlene 162]

Contact the consulate and see if you can get the interview delayed until later in the year.

[Yodrak 7]

john_and_marlene,

Your's is a much better suggestion than mine.

Yodrak

Contact the consulate and see if you can get the interview delayed until later in the year.

[scottseattle 0]

john_and_marlene,

Your's is a much better suggestion than mine.

Yodrak

Contact the consulate and see if you can get the interview delayed until later in the year.

Thanks for the advise. Big problem comes with timing, in that the outcome of school is not known until July, and our interview will most likely be before that, which is great if everything goes well for coming home in September, but if we put off the interview until late July, it seems there is not quite enough time.

Anyone with experience on Advance Parole? You can leave for up to 2 years, and if needed would only be a few months if she had to go back to retake finals.

[TracyTN 237]

I would be careful about using advanced parole for a 2 year 'visit'. It may look like she was abandoning her permanent residency.

You can leave for up to 2 years

Did you read that somewhere, or are those your own words?

[pax 0]

That 2-year thing on the Advanced Parole is definitely not right.

There's no stated maximum on how long you can be out of the country on AP, but I don't think the typical AP document is even valid for two years, anyway. And even actual LPRs have to obtain re-entry permits for absences from the States longer than just ONE year. So that ain't right.

I would do as John suggested and simply ask for your interview to be pushed back, with a straightforward explanation of the circumstances.

[JEDI 0]

Hi all, well we are on our way to interview soon, I need to send my I-134, but otherwise all is done and just waiting. We have planned to travel to the US in September, but what is my fiancee's plans to work out, and she needs an extension to the K-1? How hard is it to get, and what kind of circumstances warrant it? She is a student and very worried about her final, so if she for some reason does not pass, she will need to stay. Or, she can enter the country, and go back on a advance parole, which I think can last for up to 6 months? Of course she is going to do just fine. Sorry for lack of timeline, no internet at home as I am remodeling our new place. She is from Germany, and so far the process has been very fast.

Thanks

Scott

• How long would she have to stay if she fails the exam?
  The way I understood it, once you obtain an approved K-1 Visa, you have 6 months to use (activate) it before it expires. If she fails the exam, but can re-do it within those six months, then there is no problem, just have her go to the interview, do the exam, then wait for the results. If by bad luck she fails, she would have until the Visa expires to re-do it.
  If that is not long enough, then try to get the interview scheduled for a week after she would get her exam results back, and push it back further if she fails and needs more time.
  Good luck.
  

[Yodrak 7]

pax,

For sure - I've never heard anyone report having an advance parole document that was valid for more than 1 year.

Yodrak

That 2-year thing on the Advanced Parole is definitely not right.

There's no stated maximum on how long you can be out of the country on AP, but I don't think the typical AP document is even valid for two years, anyway. ...

Edited May 4, 2006 by Yodrak