STILL WAITING FOR INTERVIEW-How to Know if

[rebeccajo 14]

If you returned any portion of Packet 3 (DS forms, etc) before the 4 month deadline, then the consulate assuming he has abandoned his application is a non-issue. Having sent the checklist alone back after the deadline does not indicate abandonment to them.

I'm not sure I completely understand what you mean. Deadline is 4 months from what date? Was his packet 3 sent after then deadline? Then you say it does not indicate abandonment to them?

Do you think he has just landed at the bottom of the pile? Packet 3 was received by them on Sept 12, a man he spoke to at the embassy said it was complete and fine. Said it was in the pipeline, just wait for the interview date. That was over two months ago.

The NOA2 has a date on it. Technically, there is supposed to be an approved visa issued within four months of that date. As we all know, this doesn't always happen.

After NOA2, the consulate issues an invitation (Packet 3) to the beneficiary of the petition to file an application for a visa. Most times this does occur within 4 months of the issuance of NOA2.

If the beneficiary does not respond to Packet 3 within that time frame, a consulate can (if they choose) decide that the beneficiary is no longer interested.

Some London applicants will return portions of the Packet without returning the checklist. They do this for reasons such as yours - they don't have their police report or some other document on the list, but they have completed everything else.

It is only the checklist, though, that will get you Packet 4 - the invitation from the consulate for an interview on an assigned date.

So...what I am saying is that if your fiance returned any portion of Packet 3 prior the 4 month expiration of the NOA2, abandonment is not an issue. The consulate will not, however, offer him an interview until the checklist itself has been returned. If he returned the checklist without a travel date or a wedding date, London is pushing his interview down the line in favor of those who did provide imminent deadlines.

Edited November 16, 2008 by rebeccajo

[newenglander 0]

If you returned any portion of Packet 3 (DS forms, etc) before the 4 month deadline, then the consulate assuming he has abandoned his application is a non-issue. Having sent the checklist alone back after the deadline does not indicate abandonment to them.

I'm not sure I completely understand what you mean. Deadline is 4 months from what date? Was his packet 3 sent after then deadline? Then you say it does not indicate abandonment to them?

Do you think he has just landed at the bottom of the pile? Packet 3 was received by them on Sept 12, a man he spoke to at the embassy said it was complete and fine. Said it was in the pipeline, just wait for the interview date. That was over two months ago.

The NOA2 has a date on it. Technically, there is supposed to be an approved visa issued within that time frame. As we all know, this doesn't always happen.

After NOA2, the consulate issues an invitation (Packet 3) to the beneficiary of the petition to file an application for a visa. Most times this does occur within 4 months of the issuance of NOA2.

If the beneficiary does not respond to Packet 3 within that time frame, a consulate can (if they choose) decide that the beneficiary is no longer interested.

Some London applicants will return portions of the Packet without returning the checklist. They do this for reasons such as yours - they don't have their police report or some other document on the list, but they have completed everything else.

It is only the checklist, though, that will get you Packet 4 - the invitation from the consulate for an interview on an assigned date.

So...what I am saying is that if your fiance returned any portion of Packet 3 prior the 4 month expiration of the NOA2, abandonment is not an issue. The consulate will not, however, offer him an interview until the checklist itself has been returned. If he returned the checklist without a travel date or a wedding date, London is pushing his interview down the line in favor of those who did provide imminent deadlines.

Thanks for the clarification. No, he never sent anything at all until he had everything done. He sent the checklist when he had completed all the requirements and was ready for the interview. Maybe it's just the fact that he didn't set a date and we're at the bottom of the pile.

Well, as of now we've got the Department of State, my congressman's office, and a local solicitor of his. The solicitor will write a letter for free and he says that once they receive a few letters, they suddenly "find" things that were "lost."

[Nich-Nick 3,354]

Looking at your timeline, your petition (I129F) expired probably on July 31. That is your approval date March 31 + 4 months.

Because nothing was sent in until Sept. 9 and received Sept 12, that is six weeks after your petition expired. And now it's 3 and a half months past expiration. That seems like a possible problem to me and maybe what you should be mentioning in these emails and calls you are making.

Also, you have mentioned often sending in the checklist, but you have not mentioned if he mailed in these forms--

•DS-230 Part 1, pages 1 & 2 completed

•DS-156, in duplicate, unsigned

•DS-156K, unsigned

•DS157

Packet 3 instruction letter that he received states :

STEP ONE - Complete and return the forms listed at the foot of this page to us as soon as possible. (that is those DS forms I listed and should have been returned before expiration date of July 31)

STEP TWO - Collect together all the documents required in support of your application.

STEP THREE - Schedule an appointment for your medical examination.

STEP FOUR - Complete and return this document checklist to us so we know you are ready to be called for your visa interview.

What RebeccaJo was explaining was if he had returned the DS forms asap and before the expiration, then it didn't matter if it took a long time to do STEPS 2-4 (gathering docs, medical, completing checklist of docs) But STEP ONE was not done in a timely manner and that could be the problem like I said in this thread 12 days ago. And we're assuming that he sent in the DS forms, but you haven't mentioned anything but the checklist.

Here's some notes from a Dept. of State memo

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 USCIS 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 USCIS with an explanatory memorandum. [see Sec. 41.81 PN7 for revalidation procedure.]

Edited November 16, 2008 by Nich-Nick

[newenglander 0]

Looking at your timeline, your petition (I129F) expired probably on July 31. That is your approval date March 31 + 4 months.

Because nothing was sent in until Sept. 9 and received Sept 12, that is six weeks after your petition expired. And now it's 3 and a half months past expiration. That seems like a possible problem to me and maybe what you should be mentioning in these emails and calls you are making.

Also, you have mentioned often sending in the checklist, but you have not mentioned if he mailed in these forms--

•DS-230 Part 1, pages 1 & 2 completed

•DS-156, in duplicate, unsigned

•DS-156K, unsigned

•DS157

Packet 3 instruction letter that he received states :

STEP ONE - Complete and return the forms listed at the foot of this page to us as soon as possible. (that is those DS forms I listed and should have been returned before expiration date of July 31)

STEP TWO - Collect together all the documents required in support of your application.

STEP THREE - Schedule an appointment for your medical examination.

STEP FOUR - Complete and return this document checklist to us so we know you are ready to be called for your visa interview.

What RebeccaJo was explaining was if he had returned the DS forms asap and before the expiration, then it didn't matter if it took a long time to do STEPS 2-4 (gathering docs, medical, completing checklist of docs) But STEP ONE was not done in a timely manner and that could be the problem like I said in this thread 12 days ago. And we're assuming that he sent in the DS forms, but you haven't mentioned anything but the checklist.

Here's some notes from a Dept. of State memo

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 USCIS 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 USCIS with an explanatory memorandum. [see Sec. 41.81 PN7 for revalidation procedure.]

I just got off the phone with him and asked him about this matter. Are the DS forms the ones that had to be done on the computer and had the barcode? Those were done and sent in--he doesn't know when they were sent in but I can sort of remember that it was during the early summer. He then got the medical in August.

I wish we could locate the man at the embassy to whom Pete was speaking on the phone a few times a week after his checklist was received. That man was one of the people who does the interviews and he was helping Pete along since he'd seen how we had been delayed by the mis-information about the police report. He assured Pete that nothing was out of date and that everything was in order. Last thing Pete heard was, "It's in the pipeline, just wait for the interview."

Thanks for your help, we're both still on pins and needles over this. I'll be sure and mention the dates that papers were submitted when I speak to the higher ups who are now trying to help us.

[Nich-Nick 3,354]

I just got off the phone with him and asked him about this matter. Are the DS forms the ones that had to be done on the computer and had the barcode? Those were done and sent in--he doesn't know when they were sent in but I can sort of remember that it was during the early summer. He then got the medical in August.

Yes, they are done on the computer, then printed. One of them has the barcode. It sounds like you've taken some good actions if DOS is going to check with the embassy and your Congressman is going to inquire too. I hope it gets resolved soon.

[newenglander 0]

THANK YOU too all who helped us. Nich Nick -- you were right about the DS documents and you were a huge help. Now that Pete FINALLY sent them in I've received an email back from the consulate saying that HE WILL RECEIVE HIS INTERVIEW DAY AND TIME SHORTLY. We'll be so happy when this part is over.

[Laura+Tom 2]

That's great. Glad it's working out for you.

[rebeccajo 14]

THANK YOU too all who helped us. Nich Nick -- you were right about the DS documents and you were a huge help. Now that Pete FINALLY sent them in I've received an email back from the consulate saying that HE WILL RECEIVE HIS INTERVIEW DAY AND TIME SHORTLY. We'll be so happy when this part is over.

LOL. I'm so flippin' confused.

Now it sounds like you are saying he had sent in the checklist but not the DS forms.........

[newenglander 0]

THANK YOU too all who helped us. Nich Nick -- you were right about the DS documents and you were a huge help. Now that Pete FINALLY sent them in I've received an email back from the consulate saying that HE WILL RECEIVE HIS INTERVIEW DAY AND TIME SHORTLY. We'll be so happy when this part is over.

LOL. I'm so flippin' confused.

Now it sounds like you are saying he had sent in the checklist but not the DS forms.........

Yes! The man had sent the checklist but held onto the DS forms!!!!!!!!! He's trying to tell me that our lawyer had sticky note on the DS forms that said Hold Onto These and Take to Interview. (Our lawyer did the DS forms since he doesn't have a computer anymore). I don't quite believe that but he sent them in at last.

Today I received an email from my congressmans office that his interview will be Jan 9. So he finally has an interview date although I think we'll try to move it up so that he can be here for Christmas.

[LorriQ 0]

THANK YOU too all who helped us. Nich Nick -- you were right about the DS documents and you were a huge help. Now that Pete FINALLY sent them in I've received an email back from the consulate saying that HE WILL RECEIVE HIS INTERVIEW DAY AND TIME SHORTLY. We'll be so happy when this part is over.

LOL. I'm so flippin' confused.

Now it sounds like you are saying he had sent in the checklist but not the DS forms.........

Yes! The man had sent the checklist but held onto the DS forms!!!!!!!!! He's trying to tell me that our lawyer had sticky note on the DS forms that said Hold Onto These and Take to Interview. (Our lawyer did the DS forms since he doesn't have a computer anymore). I don't quite believe that but he sent them in at last.

Today I received an email from my congressmans office that his interview will be Jan 9. So he finally has an interview date although I think we'll try to move it up so that he can be here for Christmas.

Where you able to move your interview up?

[newenglander 0]

Where you able to move your interview up?

Yes, he had the interview but needed more information from the co-sponsor. It has been sent by courier already -- I don't have hopes of getting him here for Christmas anymore

[LorriQ 0]

Where you able to move your interview up?

Yes, he had the interview but needed more information from the co-sponsor. It has been sent by courier already -- I don't have hopes of getting him here for Christmas anymore

Sorry to hear that

But you'll be together soon after!

As I keep telling my love, we have the rest of our days together - what is a few more weeks compared to the next 40 years? (oops - giving away my age a little )

Keep the hope - you never know what will happen!