K1 and expiring work visa options

[mister.buddha 0]

Am looking for some thoughts on what my fiancee and I should do regarding this situation.

She is citizen of the Philippines. She currently is living and working in Spain on a work visa. It is set to expire on August 4th 2010. Our K1 journey as taken us up to the point where we are waiting on packet 3 from the embassy in Madrid. I estimate it should arrive this week. Realistically, I don't feel we will have the interview before Aug 4th, let alone an approved visa.

Are there any options/steps we can take? Transfer case to another embassy (Philippines)?

Thanks.

Edited June 9, 2010 by mister.buddha

[Aubrey 10]

I think you fill out an address change after it happens (it has to be official already). I haven't done that, so it'd be great for someone to confirm.

2. Non-U.S. Citizens

If you have moved, you need to follow two different steps:

* Step 1: File a Form AR-11 (This changes your address in our master database.);

* Step 2: If you have a pending case, you must also file a Change of Address online or call our National Customer Service Center at (800) 375-5283. (This changes your address for the specific application you have submitted.)

Please note that if you are a non-U.S. citizen and you have a pending case, you must complete both steps to make sure that you comply with the regulations and so we can reach you at your correct address.

https://egov.uscis.gov/crisgwi/go?action=coa

[O & C 3]

Am looking for some thoughts on what my fiancee and I should do regarding this situation.

She is citizen of the Philippines. She currently is living and working in Spain on a work visa. It is set to expire on August 4th 2010. Our K1 journey as taken us up to the point where we are waiting on packet 3 from the embassy in Madrid. I estimate it should arrive this week. Realistically, I don't feel we will have the interview before Aug 4th, let alone an approved visa.

Are there any options/steps we can take? Transfer case to another embassy (Philippines)?

Thanks.

You should call the embassy to request an appointment date for some time in July.. I wish you the best!!

[mister.buddha 0]

I think you fill out an address change after it happens (it has to be official already). I haven't done that, so it'd be great for someone to confirm.

https://egov.uscis.gov/crisgwi/go?action=coa

Yes, I'm trying to research this. Am not sure how this will work since case should be at the Embassy already.

You should call the embassy to request an appointment date for some time in July.. I wish you the best!!

Yes, I will have her call soon as packet 3 arrives. I hear some embassies don't like to do anything, let alone discuss visa items, unless they already have the case in their system.

Any other thoughts out there?

[Darnell 8,478]

Keep callling DOS Hotline (# in my profile) and ask for casefile status.

When the Embassy has the casefile, and opened it, DOS can report that status to you.

If Madrid does not send out a packet 3 - yer lass can speed things along by sending a FILLED OUT PACKET 3 to them, as soon as DOS tells you that the casefile is OPENED in Madrid. see http://madrid.usembassy.gov/cons/immigrenfiance.html for all the forms that she'll need.

Based on yer NOA-2 date, I have to guess that Madrid already has the casefile.

You might want to CALL NVC, make sure it's left, and on what day (then update yer official VJ timeline at http://www.visajourney.com/timeline/profile.php?id=84143 ) , get the NVC/Madrid Casefile #, and then call DOS Hotline, Get a HuMan, inquire about casefile status with NVC/Madrid Casefile #.

IMO, if you do all that , today, you'll have better picture of 'dates' for her.

Good Luck !

Edited June 10, 2010 by Darnell

[mister.buddha 0]

IMO, if you do all that , today, you'll have better picture of 'dates' for her.

Good Luck !

Darnell,

Thanks for all those. I called NVC to double check on the dates, confirmed left for Madrid embassy on 2010-05-26. Going to try and get a hold of embassy there and see if can get case number.

[Darnell 8,478]

case # ? NVC has the case number. Get the Case number from NVC.

THEN - call DOS Hotline (# in my profile), get a HUMAN, and inquire for case status.

DOS HOTLINE will know WHEN the casefile is opened at Madrid.

NVC # is not DOS # is not the Embassy #

These 3 entities have different functions, have different info to give you.

IMO, contacting the Embassy is the most difficult part. DoS Hotline knows all about this casefile, you should call them.

Edited June 11, 2010 by Darnell

[mister.buddha 0]

case # ? NVC has the case number. Get the Case number from NVC.

THEN - call DOS Hotline (# in my profile), get a HUMAN, and inquire for case status.

DOS HOTLINE will know WHEN the casefile is opened at Madrid.

NVC # is not DOS # is not the Embassy #

These 3 entities have different functions, have different info to give you.

IMO, contacting the Embassy is the most difficult part. DoS Hotline knows all about this casefile, you should call them.

Sorry, I didn't get to post this earlier.

Yes, I do have my NVC case # and I did contact DoS for case status inquiry. Stated embassy received case and packet was mailed out on June 4th.

Operator did give an odd slip-up saying was mailed through Philippines postal, however, my fiancee lives in Spain. When I noted this, the operator corrected herself. Hope is nothing to worry about.

[Darnell 8,478]

phillipenes postal ? OH NO - you got a casefile # starting with MNL ? I hope not !

[mister.buddha 0]

No, our case # starts with MDD

Got some good news earlier as my fiancee did send me a text message saying she received packet 3.

Based on reviews of Madrid embassy here, looks approximately 5 to 10 days after embassy receives packet 3 to schedule interview date, which would be 4 to 5 weeks out (and only on Wednesdays), then 1 week out after interview to receive visa (if approved).

[mister.buddha 0]

If my fiancee overstays her visa by a few weeks, say between 2 to 4 weeks, will this been an issue with the K1? Is there a grace period?

Estimates look as interview date would be mid to late August, a bit past August 4th.

[Darnell 8,478]

When she's prepping the P-3 documents - ask her to write , in a cover letter, and ask for an earlier interiew date.

[mister.buddha 0]

When she's prepping the P-3 documents - ask her to write , in a cover letter, and ask for an earlier interview date.

Should she state a reason for requesting earlier interview? Expiring visa and potential hardship or something like that.

[Darnell 8,478]

----

re: the overstay of the visa -

it's 2 'areas', IMO -

1. legal presence in Madrid, for the US Embassy to review, on interview day and

2. legal presence in Spain, by Spanish immigration authorities.

If she's there on a work visa, she might have some wiggle room - check the Spanish Immigration 'entity', see wot is published about the work visa. She might not have to do anything, ie - she's allowed to remain in Spain up to x # of days past work visa expiration date.

But don't chance this - LOOK IT UP

I didn't see anything about 'expiring date' at http://www.maec.es/subwebs/Consulados/Washington/en/MenuPpal/Requisitosespeciales/RequirementsEntrSpainVisas/Paginas/Visas.aspx

Good Luck !