What if a fiance is already in US?

[conny 0]

What if a fiance is already in US? That is by the time the consulate receives the packet and tries to notifies him (how do they usually notify?) he's in US on some other visa... What will happen? Will there be enough time to buy ticket and come back? I presume they don't wait forever for you to schedule an interview, right? Can interview be scheduled for a date that is 3 months after consulates contacts him?

Thanks for all your help!

[Nik+Heather 121]

What if a fiance is already in US? That is by the time the consulate receives the packet and tries to notifies him (how do they usually notify?) he's in US on some other visa... What will happen? Will there be enough time to buy ticket and come back?

Usually. How are you getting snail mail in the US? It will be sent to the beneficiary's address on the petition.

I presume they don't wait forever for you to schedule an interview, right?

No, they won't wait forever. Many consulates will work with you for reschedules or extensions if you contact them.

Can interview be scheduled for a date that is 3 months after consulates contacts him?

3 months does not seem unreasonable to me. Make sure that you are in contact with them before that (sending in packet 3 etc).

Thanks for all your help!

[conny 0]

Yes, there will be someone to receive that package (unless it requires signature of the recipient, of course, Does it?). What is the fiance has already got valid non-immigrant visa (F1 for example) and is in US by the time petition is approved? Can they deny K1 due to that fact during the interview?

[Otto 83]

The US Citizen will get the approval notice from USCIS - then the petition/case is forwarded to the appropriate Embassy/Consulate (who in turn will send out what is often referred to as Packet 3) - check immigration timelines (at top of page) for some general idea of how long this takes - you can drill down and see specific countries as well.

At some point your fiancé will have to be there to take the medical.

Where are you in the process?

[Trompe le Monde 1,107]

What if a fiance is already in US? That is by the time the consulate receives the packet and tries to notifies him (how do they usually notify?) he's in US on some other visa... What will happen? Will there be enough time to buy ticket and come back? I presume they don't wait forever for you to schedule an interview, right? Can interview be scheduled for a date that is 3 months after consulates contacts him?

Thanks for all your help!

my then-fiance was in the US when we got his interview notice which was scheduled for the following week before he was supposed to return. We requested a new date through the London Embassy and they were very accomodating. You may want to ask people going through the Ukraine if they have experience with rescheduling interviews and if they are flexible as it will differ by embassy/consulate.

[conny 0]

Yes, we already found out that - they're willing to reschedule, but for how long nobody can say. The problem is that he will need to come back just for that interview and the time will be limited as he cannot take too much time off his study.

We're at NOA1+6 months (no word on NOA2 yet but it may come any moment who knows).

[Nik+Heather 121]

Edit: Offered option doesn't appear to be viable, deleting.

Being in the US on a valid visa in and of itself should not be a problem, except for the mentioned scheduling issues.

Edited June 26, 2009 by Nik+Heather

[Marina-Del 10]

No one but the consulate itself will be able to tell you how long they are willing to reschedule. There is not a particular rule for this that I am aware of. Most likely, every consulate is different. You should email the specific consulate that you are going through to ask them.

I'm not sure how it is in Ukraine, but be aware that often times *you* do not make the interview date but rather they assign you an interview date...so whoever is watching the mail in Ukraine needs to be extra attentive so that you don't miss any important things/dates

[Nik+Heather 121]

Yes, we already found out that - they're willing to reschedule, but for how long nobody can say. The problem is that he will need to come back just for that interview and the time will be limited as he cannot take too much time off his study.

We're at NOA1+6 months (no word on NOA2 yet but it may come any moment who knows).

Again, you will need to contact the consulate. your question about how far out can it be rescheduled is NOT something that we can answer. Even if someone had an experience with this, it is probably under different circumstances that won't apply to you.

[Otto 83]

Yes, we already found out that - they're willing to reschedule, but for how long nobody can say. The problem is that he will need to come back just for that interview and the time will be limited as he cannot take too much time off his study.

We're at NOA1+6 months (no word on NOA2 yet but it may come any moment who knows).

Is there an overwhelming reason why you guys decided to go the K-1 route?

[Marina-Del 10]

Yes, we already found out that - they're willing to reschedule, but for how long nobody can say. The problem is that he will need to come back just for that interview and the time will be limited as he cannot take too much time off his study.

We're at NOA1+6 months (no word on NOA2 yet but it may come any moment who knows).

Is there an overwhelming reason why you guys decided to go the K-1 route?

I was wondering the exact same thing!

[Trompe le Monde 1,107]

Bear in mind your NOA2 has limited validity, although embassy's have been known to grant extensions

[conny 0]

Yes, we already found out that - they're willing to reschedule, but for how long nobody can say. The problem is that he will need to come back just for that interview and the time will be limited as he cannot take too much time off his study.

We're at NOA1+6 months (no word on NOA2 yet but it may come any moment who knows).

Is there an overwhelming reason why you guys decided to go the K-1 route?

Well, what options did we have? You mean AOS? We couldn't do it because it would require presence here in US throughout the process which wasn't possible. It's too late for that now - K1 is already submitted. Or can it be cancelled and AOS would be faster? He has B1 and F1 now and can be in US for quite some time, but wouldn't it be too many concurrent applications?

[Gary and Alla 3,694]

What if a fiance is already in US? That is by the time the consulate receives the packet and tries to notifies him (how do they usually notify?) he's in US on some other visa... What will happen? Will there be enough time to buy ticket and come back? I presume they don't wait forever for you to schedule an interview, right? Can interview be scheduled for a date that is 3 months after consulates contacts him?

Thanks for all your help!

You're dealing with Kiev. Kiev notifies by mail, but Ukrainian mail being what it is, that usually never arrives, so never count on that.

YOU will be notified when the petition is sent to Kiev by NVC. It usually is logged in about 2-3 weeks later. You have four months from the NOA2 date to make an interview. With Kiev, you choose the date. Within 2-3 weeks after your NVC notice, email Kiev and ask them if they have your petition, OR call the call center and ask. Once they have your petition you can make the date any time you want. You DO NOT send ANY documents to the consulate, you take everything with you.

One caveat...right now Kiev can get you an interview in as little as four days, but are only booking interviews out for 2-3 weeks. If you wanted an interview in, for example, August, you would probably have to wait until mid-late July to make the interview. You cannot call today and make an appointment for September 12, for example. Those dates are not open yet. It is YOUR responsibility to keep track of this. The consulate will not tell you when those dates will be open, but they give clues, like "Try again in two weeks". So, it means you need to keep calling. I found best results calling the call center between 8-9 am KIEV time. That is 1-2 am Eastern time. Call later in the morning and the line is always busy. They only have two operators with an overlapping shift. Vitaly has the afternoon shift, Viktoria the morning shift. Tell her Gary says "Zdrastvootye"

Here is another tip...when you call, push the buttons to buy a PIN with your credit card. When Viktoria answers, give her your NVC number and ask her if she has the case. If she says "Yes" tell her you want a PIN. Buy the PIN and call her back for an appointment.

They will send nothing to your fiance in Ukraine that he needs for the interview. You can make the appointment from here and he can return for the medical and interview.

Medicals are given at 9am and results are available at 3pm. You can make an appoitnment on short notice, 2-3 days usually. Cost is $125. The medical clinic is currently closed on Wednesdays, the consulate is currently closed on Fridays, keep that in mind when making your plans.

[minnew 4]

Yes, we already found out that - they're willing to reschedule, but for how long nobody can say. The problem is that he will need to come back just for that interview and the time will be limited as he cannot take too much time off his study.

We're at NOA1+6 months (no word on NOA2 yet but it may come any moment who knows).

Is there an overwhelming reason why you guys decided to go the K-1 route?

Well, what options did we have? You mean AOS? We couldn't do it because it would require presence here in US throughout the process which wasn't possible. It's too late for that now - K1 is already submitted. Or can it be cancelled and AOS would be faster? He has B1 and F1 now and can be in US for quite some time, but wouldn't it be too many concurrent applications?

If your fiance is already in the U.S. with an F-1 visa then yes you can marry and file for AOS, and you can skip getting another visa, JUST to marry and file AOS. How long has your fiance been in the US on the F-1? If your fiance just came to the US recently on the F-1, then you file AOS they might smell fraud, I read somewhere about the 30/60/90 day rule somewhere for persons adjusting on the VWP or adjusting from other visas.

Your fiance does not need to stay in the U.S. until the GC arrives, unless your fiance has previously overstayed in the U.S. if it is possible to not visit the Ukraine for 3-4 months then you guys can wait until the AP document is processed, which is the current processing time, along with the EAD, while you wait for the GC.

As far as the concurrent applications, I would assume the petitioner would need to withdraw the I-129F before sending in the I-130, 485, 1765 and 131 package.