Approved too Soon??? HELP!

[naynay5885 0]

Hi folks!

So, my fiance and I applied for his Fiance visa in May, and just got my NOA2! Great news right?? WRONG! We are not getting married until February, and he has 2 trips over here in between. One in July, and one in October during half term (he is a teacher).

The timeline says that the K-1 Must be issued within 4 months of the approval date at the "service center" Does this mean USCIS or NVC?? It has not gotten to NVC yet. We have to carefully postpone his interview until after the October trip, as he will obviously only be allowed a 1 time entry after they issue the visa.

If the approval date counts from the USCIS, he might not be able to come in October as planned!! How does one go about filing an extension on the approval?? We would only need to extend by about 2 weeks, as his trip is October 23-30 (exactly 4 months from now!)

Any help?? Suggestions???

-Renee

[Jewel-8 21]

Hi folks!

If the approval date counts from the USCIS, he might not be able to come in October as planned!! How does one go about filing an extension on the approval?? We would only need to extend by about 2 weeks, as his trip is October 23-30 (exactly 4 months from now!)

Any help?? Suggestions???

-Renee

When we went through this last year, we were able to wait before sending the Packet 3 documents back. We didn't because we wanted to be together ASAP. For people with other needs there are some things you can still do.

No need to file an extention. P3 won't be sent to your husband for another month and then you can delay sending it back.They will not set an interview until 6-8 weeks after the P3 is sent back. There are still a few things you have to do before you send that back.. get the police cert and the I134 paperwork, then schedule your medical after you send the P3 back to the embassy.

Edit: These timeframes are for the London Embassy only.

Edited June 25, 2010 by Jewel-8

[Bobby+Umit 161]

You do know that once the visa is issued, you have 6 months usually (check the date) to use it?

That you can enter the US on another visa or vwp without using the K-1. (Umit still has a valid B-2 visa, and could of used that instead of the K-1). I have read some posts where CBP asked the person which visa they were using (same scenario)

I would not recommend to "delay" sending back paperwork, the embassy works in a time line (based on the expiration of the petition) - they normally extend that (based on their needs) but it's not always a given.

[Amyyduck 20]

That you can enter the US on another visa or vwp without using the K-1. (Umit still has a valid B-2 visa, and could of used that instead of the K-1). I have read some posts where CBP asked the person which visa they were using (same scenario)

I wouldn't necessarily rely on this. I don't know from experience myself, but when I was trying to plan out my time line I posted a question on the message boards asking if my Fiance received his K-1 and wanted to enter on another visa and then use the k-1 later in the 6 month validity period, would that be feasible? I was advised by the very wise and knowledgeable VJ members that it was up to the immigration officer at the POE whether or not to allow it but the general consensus was that it would be a risky move.

Again, I want to reiterate that I don't know from experience but I was just reading this thread and thought I'd put it out there.

Also, I know this probably isn't helpful or what you want to hear, but congrats anyway on getting through to this point quickly and smoothly and seemingly without any hassle. If only everyone could be so fortunate!

[payxibka 10,045]

That you can enter the US on another visa or vwp without using the K-1. (Umit still has a valid B-2 visa, and could of used that instead of the K-1). I have read some posts where CBP asked the person which visa they were using (same scenario)

Primarily Canadians who have had limited success with this... I have never heard of anyone else from another country other than Canada do this successfully

[1American1 0]

Hold on! You mean to tell us that your I-129F Was approved in only 1 month?!!! how?

[BokkieandGuapo 4]

You do know that once the visa is issued, you have 6 months usually (check the date) to use it?

That you can enter the US on another visa or vwp without using the K-1. (Umit still has a valid B-2 visa, and could of used that instead of the K-1). I have read some posts where CBP asked the person which visa they were using (same scenario)

I would not recommend to "delay" sending back paperwork, the embassy works in a time line (based on the expiration of the petition) - they normally extend that (based on their needs) but it's not always a given.

I was under the impression that the B-1/B-2 visa was cancelled once the K-1 was issued???????????

[Bobby+Umit 161]

I was under the impression that the B-1/B-2 visa was cancelled once the K-1 was issued???????????

Why would the visa be cancelled? They are two seperate things.

[naynay5885 0]

THank you for all of the responses!

Yes, some way some how my petition was approved in just about 6 weeks! We're excited but a little bummed as we originally wanted to get married in October but felt that it was totally unrealistic due to the visa processing time! Now it looks like that would've been the best option!! Oh well, more time = more planning!

Being British, he does usually travel under the VWP, but I am pretty sure that it is disregarded once the K1 is issued. What I think we will have to do once his packet is received is call the Embassy in London and request an extension. He would ideally have his interview the first week of NOvember, so it is only a 2 week extension! Hopefully they will allow this. Has anyone out there ever asked for an extension before? I know it seems like I'm crazy extending our visa and not being together right away, but we have already made set wedding plans for February, and will have a lifetime together after that

[Dodi 69]

Naynay,

It says on your timeline that you got your NOA2 in 6 weeks. Not your visa. You've still got a couple of months before you'll have that. Your petition will be sent to the NVC (National Visa Center) where it'll be put through another (usually swift) round of checks, and then send it on to the embassy. Your fiance will still have to go through the whole interview process (including medical exam) before a visa is approved and issued.

It will probably be August before he's interviewed and approved at this rate, and then he'll have 6 months to use the visa to enter the US. October seems like a very good estimate for an arrival, giving plenty of time to tie up loose ends.

[naynay5885 0]

He intends just to visit me in October...not stay! Which is why we DONT want an interview before then! lol. I know, it seems ridiculous, but he is a teacher, and is not formally taking leave until after the semester is up in January. So, if they stamp his passport before October 23 (his visit), he will be unable to visit, because my understanding is that it is a 1 time entry (despite his VW status). We are trying to figure out how to push back the interview, just a few weeks, so that he is able to see me in between july (his next visit, which we are also terrified about bc he is coming for a month!!!) and January.

I've seen on other VJ'ers forums that they have delayed sending the paperwork back, in hopes for a later interview, causing the Embassy to automatically renew the paperwork. Just don't know if this option will be risky... He will be in the states July 26-Aug 25, so he will be unable to gather any of his paperwork during that time.

[Jewel-8 21]

I've seen on other VJ'ers forums that they have delayed sending the paperwork back, in hopes for a later interview, causing the Embassy to automatically renew the paperwork. Just don't know if this option will be risky... He will be in the states July 26-Aug 25, so he will be unable to gather any of his paperwork during that time.

The P3 also allows you to write in which dates you are traveling and planning to get married. Sometimes they schedule your interview to work out with that, often times they don't. If, for some reason despite your attempts to get it perfect, you get an interview date that is too soon you can call the London line that costs about $16 and get the email code. Once you email regarding rescheduling the interview they usually take care of it quickly and you get the outcome you would like.