Noa2 period of being valid, can it be extended

[MasterNateDawg 1]

I am curious... the noa2 states the case is valid for 4 months from the date of the noa2. If somehow there are delays, and the interview cant be scheduled until after those 4 months, is it possible to get the NOA2 extended or would we have to resubmit or i129f petition?

[KarenCee 3]

Usually if that happens the consulate extends it automatically. You would not have to resubmit the petition.

Edited August 16, 2008 by KarenCee

[pushbrk 13,174]

I am curious... the noa2 states the case is valid for 4 months from the date of the noa2. If somehow there are delays, and the interview cant be scheduled until after those 4 months, is it possible to get the NOA2 extended or would we have to resubmit or i129f petition?

This is a non-issue. Consular officers simply extend the petition validity as needed, unless they deny the visa at interview.

[Devkpaik 1]

I am curious... the noa2 states the case is valid for 4 months from the date of the noa2. If somehow there are delays, and the interview cant be scheduled until after those 4 months, is it possible to get the NOA2 extended or would we have to resubmit or i129f petition?

This is not even important, as like pushbrk says it will be extended if needed. From the time of the NOA 2 to the time of the interview, the waiting period can exceed four months depending upon how long it takes NVC to receive and send out the approved petition to the respective embassy, how long it takes until your interview is scheduled, how long the embassy takes to send out packet 3, etc. Do you really think that you would be penalized and have to re-submit a WHOLE NEW I-129f petition packet due to the NVC and the embassy taking a long time?

[MasterNateDawg 1]

I am curious... the noa2 states the case is valid for 4 months from the date of the noa2. If somehow there are delays, and the interview cant be scheduled until after those 4 months, is it possible to get the NOA2 extended or would we have to resubmit or i129f petition?

This is not even important, as like pushbrk says it will be extended if needed. From the time of the NOA 2 to the time of the interview, the waiting period can exceed four months depending upon how long it takes NVC to receive and send out the approved petition to the respective embassy, how long it takes until your interview is scheduled, how long the embassy takes to send out packet 3, etc. Do you really think that you would be penalized and have to re-submit a WHOLE NEW I-129f petition packet due to the NVC and the embassy taking a long time?

Good to know, that eases my concerns about that. The reason I ask is because it's taking my affidavit co-sponsors longer than I thought to gather the documents, and i want to wait until after we get the affidavit in hands before returning the packet 3, which might end up being 2 months after the noa2.

[KimandRuss 0]

If you're going to be cutting it close with time then you will want to let the Embassy know ahead of time.

As mentioned above, the Consulates will routinely extend the validity automatically but where the delay is not caused by them but by you you'll probably just want to let them know. There is a formal way to request an extension (see below) if the delay is due to the documents not being there in time.

Request to Extend Approval

[MasterNateDawg 1]

If you're going to be cutting it close with time then you will want to let the Embassy know ahead of time.

As mentioned above, the Consulates will routinely extend the validity automatically but where the delay is not caused by them but by you you'll probably just want to let them know. There is a formal way to request an extension (see below) if the delay is due to the documents not being there in time.

<a href="http://www.visajourney.com/examples/extend-approval.doc" target="_blank">

Request to Extend Approval</a>

At what point should I notify them, and which address should I mail it to... the us embassy abroad, the nvc, the uscis?

Also this line kind of confuses me:

It is my understanding that pursuant to 9FAM 41.81 N3.1

How do I interpret "9FAM 41.81 N3.1 " and replace that with something relevant to our approval?

[KimandRuss 0]

9FAM 41.81 N3.1 is relevant to all. It's in reference to the 'period of validity' in regards to immigration policy. Just leave it.

Notify them now if you already know you're going to be late getting your packet 3 documents to them and unable to interview before the exp date.

Be aware that, depending on the Consulate, it can sometimes take quite a while to get an interview in the first place. If you're filing for an extension you run the risk of being pushed back even further.

There is a chance you won't need the affidavits until the interview time anyway???

Do some research in regards to your Consulate (portals link above or regional threads).

[MasterNateDawg 1]

9FAM 41.81 N3.1 is relevant to all. It's in reference to the 'period of validity' in regards to immigration policy. Just leave it.

Notify them now if you already know you're going to be late getting your packet 3 documents to them and unable to interview before the exp date.

Be aware that, depending on the Consulate, it can sometimes take quite a while to get an interview in the first place. If you're filing for an extension you run the risk of being pushed back even further.

There is a chance you won't need the affidavits until the interview time anyway???

Do some research in regards to your Consulate (portals link above or regional threads).

Yeah, at this point I might not need a filing. I received my NOA2 3 weeks ago and if its going to be another 3 months until the interview then it will be fine. I guess I will just send it out if/when I feel it will be necessary.

[Devkpaik 1]

I am curious... the noa2 states the case is valid for 4 months from the date of the noa2. If somehow there are delays, and the interview cant be scheduled until after those 4 months, is it possible to get the NOA2 extended or would we have to resubmit or i129f petition?

This is not even important, as like pushbrk says it will be extended if needed. From the time of the NOA 2 to the time of the interview, the waiting period can exceed four months depending upon how long it takes NVC to receive and send out the approved petition to the respective embassy, how long it takes until your interview is scheduled, how long the embassy takes to send out packet 3, etc. Do you really think that you would be penalized and have to re-submit a WHOLE NEW I-129f petition packet due to the NVC and the embassy taking a long time?

Good to know, that eases my concerns about that. The reason I ask is because it's taking my affidavit co-sponsors longer than I thought to gather the documents, and i want to wait until after we get the affidavit in hands before returning the packet 3, which might end up being 2 months after the noa2.

Out of curiosity, there's no way you can ask your co-sponsor to hurry up? It shouldn't take them a long time to gather all the documents.

Most likely you won't need the affidavit of support UNTIL the interview, but like Kim and Russ said, YOU need to check with your embassy about that. Or you can ask people who are going through your embassy.

Do you even know for sure if you need the affidavit of support BEFORE your interview or are you speculating? I'd find our for sure if I were you. We are on here to help people, but we aren't on here to spoon feed information so finding this information regarding whether or not your embassy requires the affidavit of support to be turned in WITH packet 3 as opposed to being brought to the interview is up to you.

Good luck nate dawg