Delay a K-1 petition?

[endoftheroad 1]

Problems have beset my benificiary. Mother and father are very sick, ex-husband died and their family is attempting to drag it out in court for his daughter who is supposed to get his house and a portion of his savings, plus other stuff. We are nearly in the consulate/P3 stage but it is going to be hard to know when we can be together in the USA with all these other issues happening right now.

Is there a way to postpone the P3 until this blows over? Maybe like a year? I know she has six months to come and get married here once we pass the consulate but that may not be enough time.

Any ideas?

[bigcasino75 0]

Problems have beset my benificiary. Mother and father are very sick, ex-husband died and their family is attempting to drag it out in court for his daughter who is supposed to get his house and a portion of his savings, plus other stuff. We are nearly in the consulate/P3 stage but it is going to be hard to know when we can be together in the USA with all these other issues happening right now.

Is there a way to postpone the P3 until this blows over? Maybe like a year? I know she has six months to come and get married here once we pass the consulate but that may not be enough time.

Any ideas?

I did hear that you can drag it out by taking your time turning in your p3 and p4 packets maybe if you took like 4 to 6 weeks with each and could get a long appt. time say a month out that would get you like 3 months then you have 6 months till she has to use the visa so now you will have 9months maybe. I deont know what else you can do naybe someone else on here knows sorry

[Otto 83]

A year 'or so' is a very long time to delay a visa-application. Perhaps an alternative plan might be in order.

[JimVaPhuong 4,863]

Most consulates will let you reschedule the interview. This often puts you back at the end of the queue, and can add several months. The consulate in Guangzhou will allow you to request that the interview be rescheduled, but they will give you a date that fits their schedule. If that ends up not being enough time you can try to request that it be rescheduled again, but there's no guarantee they will agree.

A couple of important things to bear in mind:

1. Many consulates will consider the petition to be abandoned if you don't interview within a specific period of time from the NOA2, often 1 year. This is true even if you stay in constant contact, and continue rescheduling your appointment. If they decide the petition has been abandoned then it will be sent back to USCIS, and you may end up starting over.

2. The petition approval is technically only valid for 4 months after NOA2. If you plan to ask them to reschedule the appointment beyond the normal expiration date of the approval then you should also request that the consulate grant an extension of the approval. Bear in mind that extensions are at the discretion of the consulate.

If there's any way she can handle some of these things by proxy; i.e., by hiring an attorney to represent her interests, then she can return after she gets AP for the final resolution. If you simply don't know how long this is going to take then you might be better to just withdraw the petition, and file again later when you're ready.

[thepizzadude 26]

Most consulates will let you reschedule the interview. This often puts you back at the end of the queue, and can add several months. The consulate in Guangzhou will allow you to request that the interview be rescheduled, but they will give you a date that fits their schedule. If that ends up not being enough time you can try to request that it be rescheduled again, but there's no guarantee they will agree.

A couple of important things to bear in mind:

1. Many consulates will consider the petition to be abandoned if you don't interview within a specific period of time from the NOA2, often 1 year. This is true even if you stay in constant contact, and continue rescheduling your appointment. If they decide the petition has been abandoned then it will be sent back to USCIS, and you may end up starting over.

2. The petition approval is technically only valid for 4 months after NOA2. If you plan to ask them to reschedule the appointment beyond the normal expiration date of the approval then you should also request that the consulate grant an extension of the approval. Bear in mind that extensions are at the discretion of the consulate.

If there's any way she can handle some of these things by proxy; i.e., by hiring an attorney to represent her interests, then she can return after she gets AP for the final resolution. If you simply don't know how long this is going to take then you might be better to just withdraw the petition, and file again later when you're ready.

[endoftheroad 1]

... If there's any way she can handle some of these things by proxy; i.e., by hiring an attorney to represent her interests, then she can return after she gets AP for the final resolution. If you simply don't know how long this is going to take then you might be better to just withdraw the petition, and file again later when you're ready.

The thing is we fear once she gets here one or both of her parents will die and she'll have to go right back, or even be prevented from doing so by the govt. We have a lawyer now for that case but you know how that goes in China. If you're not right there then things can go bad quickly (and the opposing family is crazy for the money that is rightfully my girl's daughter). There has even been thoughts that when she leaves they will try to buy off the lawyer etc.

I think we are going to wait it out with delays and then the six months after getting the visa before we do anything as drastic as withdrawing the petition.

Thanks.

[Krikit 1,165]

I delayed my visa by holding off on returning the Package 3. I also discussed my concerns with the Consulate Officer at the interview and he told me they could delay issuance of the visa until I was ready to use it. All I would have to do was send them my passport when the time came. I also waited until two days before it expired to use it. Perhaps she could request a postponement of her visa approval also. It doesn't hurt to ask.