My case expired?! Now what?

[sakurasama 0]

I started my fiance visa process in April '05. The process went along. My fiance had his interview in August '05 and was not issued a visa because I did not meet the income requirements for the previous three years. The earlier two years and the current year was fine but for tax year '04 I was in India (where I met my fiance!) doing volunteer work and not income producing. On the paper they gave him it seemed to suggest that we had one year to submit the extra paperwork. They requested a cosponsor but I didn't have one and so I talked to an immigration lawyer and emailed the Embassy various other options, like showing assets hoping I could use this in lieu of a cosponsor. The Embassy replied to possibly one out of every 10 emails I sent and rarely with any meaningful information (usually with only a reinteration of facts I already knew) and calling the Embassy resulted in getting disconnected or sent to the wrong person or put on perpetual hold. Finally, finally finally in March of this year the Embassy replied to one of my emails saying that I could use my 2005 taxes and W-2 and if the income was sufficient I would not need a cosponsor. I was jubilant and sent the papers to my fiance right away who brought them right to the Embassy with his passport. The person at the Embassy accepted his passport and the papers and said he would receive his visa in 10 days. Three weeks passed and we start calling and emailing. Finally my fiance gets his passport returned with a letter saying our case has expired and the Consular Officer has decided not to renew it and has sent it back to the National Visa Center. My Fiance went to the Embassy and they said there is nothing more to do, the case expired four months ago. I am utterly baffled. There doesn't seem to be anything in any paperwork that I can find an expiration date, except for the letter from the interview which says that if the papers are not submitted in 12 months our case is cancelled. I have contacted the Embassy numerous times in the last four months, my fiance has been at the Embassy in person to ask about the case at least twice in the last four months; is it possible that no one bothered to mention that our case was expired?

Do I have any recourse? Any good ideas? If it has expired am I just supposed to reapply? but if I reapply won't I have the same income snafus? My fiance and I have talked and we are completely commited to each other no matter what happens but after a year of visa hell my mental heath is just about to give out.

I am so desperate.

[Priscila and Christopher 0]

Oh, man! I've never heard about this before here in VJ, but.... Have you tried contacting your Congresmann already? Maybe he can help you!

[aussiewench 9]

N6.1 Action When Petition Received

Upon the receipt of an approved K-1 visa petition the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa. If the initial 4-month validity of a petition has expired without a response to the post''s letter, the consular officer should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days. If the 60-day period passes without a response from either party or if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned, the petition is to be retained at the post for a period of one year and then destroyed.

N6.2 Validity of a K-1 Petition

An approved K-1 visa petition is valid for a period of 4 months from the date of BCIS action and may be revalidated by the consular officer any number of times for additional periods of 4 months from the date of revalidation provided the officer concludes 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 of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, the petition should be returned to the approving office of BCIS with an explanatory memorandum. [see Sec. 41.81 PN7 for revalidation procedure.]

http://travel.state.gov/visa/laws/telegrams/telegrams_1437.html

sakurasama

You will have to reapply. Sorry that happened All the best to you.

[Jenn! 918]

Lorelle, what you posted concerns validity of a petition prior to the interview. What the OP is talking about is totally different.

From the sounds of it, the OP was issued a 221g for additional documents, specifically for a co-sponsor affidavit of support. Sakura, was it the 221g that you were given after the interview?

Your case has been returned to the U.S. for review. Let me find a useful thread for you to read...

here it is: http://www.visajourney.com/forums/index.php?showtopic=2687

N6.1 Action When Petition Received

Upon the receipt of an approved K-1 visa petition the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa. If the initial 4-month validity of a petition has expired without a response to the post''s letter, the consular officer should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days. If the 60-day period passes without a response from either party or if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned, the petition is to be retained at the post for a period of one year and then destroyed.

N6.2 Validity of a K-1 Petition

An approved K-1 visa petition is valid for a period of 4 months from the date of BCIS action and may be revalidated by the consular officer any number of times for additional periods of 4 months from the date of revalidation provided the officer concludes 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 of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, the petition should be returned to the approving office of BCIS with an explanatory memorandum. [see Sec. 41.81 PN7 for revalidation procedure.]

http://travel.state.gov/visa/laws/telegrams/telegrams_1437.html

sakurasama

You will have to reapply. Sorry that happened All the best to you.

Edited May 12, 2006 by jenn3539

[sakurasama 0]

I have made an appointment to meet with my congressperson! That was one of my friend's suggestion too. Do you think they could actually help?

I never received any letters, nor did my fiance, warning us that our case might expire. I would think continually haranging the Embassy via email might be evidence enough that we still intend to marry! Would writing letter to the Embassy help at this point? Can they recall our petition?

Yes, after the interview, they gave him a paper requesting additional documents

[Jenn! 918]

I have made an appointment to meet with my congressperson! That was one of my friend's suggestion too. Do you think they could actually help?

I never received any letters, nor did my fiance, warning us that our case might expire. I would think continually haranging the Embassy via email might be evidence enough that we still intend to marry! Would writing letter to the Embassy help at this point? Can they recall our petition?

It was the embassy, not USCIS that told you your case was expired. The embassy sent the case back to the U.S., and therefore it is now out of their hands. You should be contacting the original service center I believe to find out the current status of your case.

I strongly advise you to read the thread (I posted the link) above.

Edited May 12, 2006 by jenn3539

[aussiewench 9]

oops.....sorry about that guys

There is a timeframe though to submit the requested documents .....I thought it was something like 45-90 days (anyone know the exact timeframe?) or the petition would still expire and still up to the conof as to whether it is revalidated.

Edited May 12, 2006 by aussiewench

[Jenn! 918]

oops.....sorry about that guys

There is a timeframe though to submit the requested documents .....I thought it was something like 45-90 days (anyone know the exact timeframe?) or the petition would still expire and still up to the conof as to whether it is revalidated.

She submitted the required documents in sufficient time. I have a feeling that the documents were received and the case was still denied at the consular level, for reasons that could be related to the affidavit of support. But she doesn't know the exact reason because the consulate never provided her with *another* 221g to notify that the petition was being returned to USCIS for review.

[Priscila and Christopher 0]

I have made an appointment to meet with my congressperson! That was one of my friend's suggestion too. Do you think they could actually help?

I never received any letters, nor did my fiance, warning us that our case might expire. I would think continually haranging the Embassy via email might be evidence enough that we still intend to marry! Would writing letter to the Embassy help at this point? Can they recall our petition?

Yes, after the interview, they gave him a paper requesting additional documents

Hm... Dunno about this, but concerning to the Congresman, I've seen a lot of people that have been helped by this person! Anyway, it doesn't seem to be fair the reason for them to have "denied" your visa! If the problem was only the sponsor thing, I agree with you... What would assure you that you would be approved if you applied for this visa again?

So, I think you really MUST appeal and contacting your Congressman is a good attempt to have your petition recalled!

[desert_fox 32]

When the I-129F is approved at the Service Center, it tells you right on the NOA-2 notice that the approval is valid for four months. I would have imagined that you would have known right up front that you were required to submit evidence of being able to support your fiancee if the visa was to be issued. It appears that you didnt take timely action and let the approval expire. They are not obligated to renew it just because you failed to make timely submissions on required documents.

Your only recourse is to file again, but this time have the required documentation to submit when it is required in the process.

[Jenn! 918]

When the I-129F is approved at the Service Center, it tells you right on the NOA-2 notice that the approval is valid for four months. I would have imagined that you would have known right up front that you were required to submit evidence of being able to support your fiancee if the visa was to be issued. It appears that you didnt take timely action and let the approval expire. They are not obligated to renew it just because you failed to make timely submissions on required documents.

Your only recourse is to file again, but this time have the required documentation to submit when it is required in the process.

This is not relevant to the OP's situation. Read the entire thread.

[desert_fox 32]

When the I-129F is approved at the Service Center, it tells you right on the NOA-2 notice that the approval is valid for four months. I would have imagined that you would have known right up front that you were required to submit evidence of being able to support your fiancee if the visa was to be issued. It appears that you didnt take timely action and let the approval expire. They are not obligated to renew it just because you failed to make timely submissions on required documents.

Your only recourse is to file again, but this time have the required documentation to submit when it is required in the process.

This is not relevant to the OP's situation. Read the entire thread.

I did read it, and I think its relevant. He claims to think that he was given a year to come up with the document, apparently the Consulate didnt think so. Does he know for sure, is it in writing???

[aussiewench 9]

When the I-129F is approved at the Service Center, it tells you right on the NOA-2 notice that the approval is valid for four months. I would have imagined that you would have known right up front that you were required to submit evidence of being able to support your fiancee if the visa was to be issued. It appears that you didnt take timely action and let the approval expire. They are not obligated to renew it just because you failed to make timely submissions on required documents.

Your only recourse is to file again, but this time have the required documentation to submit when it is required in the process.

This is not relevant to the OP's situation. Read the entire thread.

Actually Jenn it is relevent. The OP stated that the interview was in August.......this was when a request for co-sponsor was made. The submissions were not made until March.....that is 7 months and because of that the petition expired.

Edited May 12, 2006 by aussiewench

[Jenn! 918]

When the I-129F is approved at the Service Center, it tells you right on the NOA-2 notice that the approval is valid for four months. I would have imagined that you would have known right up front that you were required to submit evidence of being able to support your fiancee if the visa was to be issued. It appears that you didnt take timely action and let the approval expire. They are not obligated to renew it just because you failed to make timely submissions on required documents.

Your only recourse is to file again, but this time have the required documentation to submit when it is required in the process.

This is not relevant to the OP's situation. Read the entire thread.

I did read it, and I think its relevant. He claims to think that he was given a year to come up with the document, apparently the Consulate didnt think so. Does he know for sure, is it in writing???

Yes, the 221g states that you must respond to the request within a year, which they did. Usually what happens at that point is that they will issue the visa, assuming your missing document was sufficient. In this case, it seems the consulate did not deem the document to be sufficient and therefore sent the case back to USCIS. However, usually when a petition is returned to the U.S., it is done immediately after the interview. A 221g is issued to the beneficiary stating that the case is being sent back to USCIS. Since the return of the petition in the OP's case happened post-interview, they were never informed that the petition was returned.

The 4 months validity as stated on teh NOA2 has nothing to do with what happens post-interview.

[Jenn! 918]

When the I-129F is approved at the Service Center, it tells you right on the NOA-2 notice that the approval is valid for four months. I would have imagined that you would have known right up front that you were required to submit evidence of being able to support your fiancee if the visa was to be issued. It appears that you didnt take timely action and let the approval expire. They are not obligated to renew it just because you failed to make timely submissions on required documents.

Your only recourse is to file again, but this time have the required documentation to submit when it is required in the process.

This is not relevant to the OP's situation. Read the entire thread.

Actually Jenn it is relevent. The OP stated that the interview was in August.......this was when a request for co-sponsor was made. The submissions were not made until March.....that is 7 months and because of that the petition expired.

Well, I would think the expiration date as given on the 221g would override the previous one.

I suppose I could be wrong, it has been known to happen once or twice.