Advice needed for possible 2nd attempt?

[Ken and Milena 0]

I'm going to keep the details of a long, complicated story to a complete minimum. But, your advice in this matter is GREATLY appreciated!

The bottom line is that my fiance may not be able to enter the country before the 6 month deadline from when she was granted the visa at her interview.

I guess I have several questions.

First, is there ever a chance to extend that 6 month deadline?

Second, if not, is there a danger that if we re-applied, the USCIS could deny us a second VISA? The reasoning being that, if they thought we weren't "serious enough" to go forward with it the first time, maybe they would think we aren't serious about it at all?

I'm very scared that if she doesn't enter the country in time, that I may never get the government's blessing on our relationship.

Any and all advice is welcome, but please, don't just give me opinions. Hopefully you can give me some type of information that you can back-up by previous experiences of others, at the minimum.

Others may have experienced this and posted, but I didn't know how to search for it. Those thread links would be extremely appreciated as well.

Thank you for your time in reading this post, and for anything you may be able to add to the discussion.

Have a great New Year's everyone, and God bless.

-Ken

[Ken and Milena 0]

Let me add this, too.

Thirdly, if re-applying is a viable option, is there any chance the process could be faster this time around?

[msu17 0]

I have seen some consulates extend the 6 months for very serious circumstances, ie one lady in the UK had to complete chemo. They aren't going to say ok though for frivolous reasons (I can't think of the examples I've seen like this, sorry). I would pursue this route first depending on what the situation is and see what happens, the worst they can say is no.

If you have to re-apply, that is possible and people get approved re-applying for the same person. If you submit 2 applications in under 2 years at the embassy stage I believe you may have to do a bit more paperwork, but someone more knowledgeable on that than I can tell you what exactly happens with that. When re-applying, in both the I-129f packet and at the interview give them an explanation of why your fiance couldn't leave the country in time etc.

So in short, yes, both options I have seen work, the first with varying degrees of success.

EDIT: Oh, and if you need to re-apply, the 2nd time would most likely take the same as the first. No skipping to the front for frequent fliers

Edited December 28, 2009 by msu17

[Penguin_ie 5,995]

A visa can be re-issued, but this must be done before it expires the first time. Usually, a good reason must exist, but it is totally up to the embassy so each embassy is different. I have seen cases on here where the visa was re-issued because the K2 children wanted to finish the school year in their home country (France), and because the K1's parent died and they had to settle the estate (Philipines).

If you decide to re-apply at a later date, while a denial of a visa is always possible, your previous application won't make a denial more likely. There have been several cases on here where the K1 came to the USA, they had some relationship issues and the foreign fiancee didn't stay, and as long as they left before the 90 days, a re-applicaton later was no problem and got approved.

[baron555 934]

I'm going to keep the details of a long, complicated story to a complete minimum. But, your advice in this matter is GREATLY appreciated!

The bottom line is that my fiance may not be able to enter the country before the 6 month deadline from when she was granted the visa at her interview.

I guess I have several questions.

First, is there ever a chance to extend that 6 month deadline?

Maybe, if she has a good reason for it. Only way to tell is to ask the Embassy.

Second, if not, is there a danger that if we re-applied, the USCIS could deny us a second VISA? The reasoning being that, if they thought we weren't "serious enough" to go forward with it the first time, maybe they would think we aren't serious about it at all?

Not much danger by doing all again.

-Ken

Let me add this, too.

Thirdly, if re-applying is a viable option, is there any chance the process could be faster this time around?

Nope for sure not. All will depend on everything that the first depended on regarding timing.

[Ken and Milena 0]

Thanks to all of you for the good advice. I really appreciate it. Happy New Years!

[Ken and Milena 0]

Well, it turns out that the advice you all gave (and with two lawyers concurring) APPARENTLY isn't completely true. Let me post two emails between myself and the Brazilian Consulate in Rio de Janeiro.

To Whom it May Concern:

My fiance and I would like to inquire as to the best method of requesting a Visa extension. Would you recommend that Milena set up an appointment with you in Rio De Janeiro, or that she mail you a formal letter of request?

If you would prefer an appointment, who should she call to set that up?

If you would prefer a letter, to whom should the letter be referred to within your department?

Thank you, as always, for your prompt and helpful replies.

Dear Sir or Madam:

There is neither an automatic renewal nor an extension for expired immigrant visas. After the expiration of the visa validity, it is necessary that the applicant send us the passport with the non used visa; the sealed envelope that goes along with the passport and a detailed letter explaining why the visa was not used within its validity as well as corroborative evidences. The officer will review the case. If the presented reasons are not accepted for a reissuance of the visa, it will be necessary a new petition filed in the beneficiary’s behalf. If the officer decides that a re-issuance is possible, a new fee and a new interview will be necessary.

Regards,

Immigrant Visa Unit

United States Consulate General

Rio de Janeiro - RJ -Brazil

To Whom it May Concern,

Your information was useful, however, my inquiry was not regarding an extension for an expired immigrant visa. It was referring to a currently active one. Her visa is valid until mid-April.

Dear Sir or Madam:

There is no extension at all. You can risk and wait until it expires and then follow the instructions provided in our previous e-mail.

Regards,

Immigrant Visa Unit

United States Consulate General

Rio de Janeiro - RJ -Brazil

[baron555 934]

I'm going to keep the details of a long, complicated story to a complete minimum. But, your advice in this matter is GREATLY appreciated!

The bottom line is that my fiance may not be able to enter the country before the 6 month deadline from when she was granted the visa at her interview.

I guess I have several questions.

First, is there ever a chance to extend that 6 month deadline?

Yes email the Embassy and tell them your story of why she can not leave just yet.

Second, if not, is there a danger that if we re-applied, the USCIS could deny us a second VISA?

No

The reasoning being that, if they thought we weren't "serious enough" to go forward with it the first time, maybe they would think we aren't serious about it at all?

Not a problem. You have a good reason, right? Tell them that reason.

Thirdly, if re-applying is a viable option, is there any chance the process could be faster this time around?

No, takes the same time.

I'm very scared that if she doesn't enter the country in time, that I may never get the government's blessing on our relationship.

Any and all advice is welcome, but please, don't just give me opinions. Hopefully you can give me some type of information that you can back-up by previous experiences of others, at the minimum.

Others may have experienced this and posted, but I didn't know how to search for it. Those thread links would be extremely appreciated as well.

Thank you for your time in reading this post, and for anything you may be able to add to the discussion.

Have a great New Year's everyone, and God bless.

-Ken

[Ken and Milena 0]

Baron, please read my last post right above yours, and give me your thoughts. Thank you.

[Deputy Purple 1,294]

Well, it turns out that the advice you all gave (and with two lawyers concurring) APPARENTLY isn't completely true. Let me post two emails between myself and the Brazilian Consulate in Rio de Janeiro.

Actually, the replies you received from the USEM don't contradict what you were told here, they simply clarify the process for that Embassy.

You were told that the extension/re-issue is not automatic (as VJer's told you) and that the USEM you will deal with doesn't decide until the Visa has actually expired.

You were also told that the USEM needs to know exactly why the Visa wasn't used during it's validity (as you were advides here) so they can determine if the reason meets with their criteria from re-issued (as you were told here).

[pushbrk 13,028]

Actually, the replies you received from the USEM don't contradict what you were told here, they simply clarify the process for that Embassy.

You were told that the extension/re-issue is not automatic (as VJer's told you) and that the USEM you will deal with doesn't decide until the Visa has actually expired.

You were also told that the USEM needs to know exactly why the Visa wasn't used during it's validity (as you were advides here) so they can determine if the reason meets with their criteria from re-issued (as you were told here).

The above is all correct. There is no contradiction between the good advice you were given here and the Consular unit's response. You now have complete clarity. What I would add is that if you don't have a very good reason for not using the visa, it is not going to be reissued.

Please correct me if I've misunderstood but my read between the lines indicates there is not an acceptable reason for not using the visa in your case. It appears you and your fiance(e) are having relationship issues that are preventing her from getting on the plane. If this is the case, I suggest you solve them before the visa expires or plan on petitioning again.

[Ken and Milena 0]

The above is all correct. There is no contradiction between the good advice you were given here and the Consular unit's response. You now have complete clarity. What I would add is that if you don't have a very good reason for not using the visa, it is not going to be reissued.

Please correct me if I've misunderstood but my read between the lines indicates there is not an acceptable reason for not using the visa in your case. It appears you and your fiance(e) are having relationship issues that are preventing her from getting on the plane. If this is the case, I suggest you solve them before the visa expires or plan on petitioning again.

Thank you everyone, and you have read between the lines correctly...unfortunately.

[baron555 934]

Baron, please read my last post right above yours, and give me your thoughts. Thank you.

OK, I have and you have their answer. You have three choices:

1. She leaves within the current period and you continue on with the process.

2. She stays later and then sends in the passport with visa plus the sealed envelope and a letter stating her reasons for not using the visa. They then will decide if her reasons are valid enough and do one of two things:

2A. Reissue the visa with a later exp. date.

2B. Deny the reissue and declare the visa invalid and you two repeat the entire K-1 process again.

So the real crux of the issue is Why can't your fiancee leave within this time period?

You don't have to tell us if it's really personal but we may be able to decipher if it seems like a do-able reason or not.

Edited January 26, 2010 by baron555