How far can you push interview back?

[DavenRoxy 1,073]

Here's our situation:

Priority Date 23 August 2010

My fiancée is ready to go to St. Luke's and schedule her interview. But if she goes ahead with this, and gets approved soon, we will only have 6 months from date of visa issue to to fly her to the US, correct? Well, I am deployed right now, and can only be in the US with her for 15 days, then have to come back to Afghanistan, leaving her alone in the US, and she has never been there before. Not the best idea, I think.

So we are discussing pushing back her interview date and exam a while, so that I can re-deploy home and she can fly to me and not have to be alone in the US. But how far can we push things back without losing eligibility? Is there a process whereby we can get our case extended perhaps, say get her visa in July or August, so that if I come home in Dec or Jan, she will still have a valid visa?

I know most couples are wanting to hurry up and get approved, and we are too, but we think it is smarter to be patient and try to get her to the US later rather than sooner. After all, even though she will be there, I won't, so we will still be apart most of the time until I come home from Afghanistan.

We would appreciate your input, especially any facts about extending approval timelines, or anything about the priority date, or when an application expires.

Thanks so much!

DavenRoxy

[uverseman 5]

I ask a similiar question a while back and got this reply;

This is a common topic, the consulate WILL extend the validity of the petition.

This is very common with consulates that dont interview within the 4 months, for example China, K-1 petitions get hung up in customs for up to 3 months, and then it can take 2 months to exchange the P3 and P4 paperwork.

If you do get worried about this you can send this form letter to the consulate requesting an extension.

http://www.visajourn...nd-approval.doc

I am wanting to sort of wait a little longer too. Hope this helps

[Tahoma 2,292]

Hi Dave...

I understand your dilemma and, if I were in your shoes, I would be inclined to wait until December or January to reunite with your fiancée. If your fiancée came to the U.S. any earlier, you would only have 15 days to get married and file for her adjustment of status (AOS). That's a pretty tight timeline and I don't even know if it could be accomplished. Keep in mind that both of you likely would be required to attend the AOS interview roughly three months after you filed the AOS.

I'm not certain, but I believe the Embassy grants extensions to cases. I believe they grant extensions for four months at a time. I believe the way to get an extension is to stay in contact with the Embassy and ask them for the extensions. Explain your situation to them and ask them for the extension. It is my understanding that a case will remain active and in good standing if you get the extensions. I don't think there is a form for requesting an extension. I think you can simply do it by notifying the Embassy through email. I hope someone with experience in this matter will chime in.

If you could get a couple of extensions, your fiancée could wait and complete her medical and her interview much closer to the time you will return home. If you decide to go this route, keep in mind that the medical is good for only six months, so it wouldn't be a good idea for your fiancée to get an early medical.

Thanks for allowing me to think out loud.

Stay safe...

~ Tahoma

[Tahoma 2,292]

I ask a similiar question a while back and got this reply;

This is a common topic, the consulate WILL extend the validity of the petition.

This is very common with consulates that dont interview within the 4 months, for example China, K-1 petitions get hung up in customs for up to 3 months, and then it can take 2 months to exchange the P3 and P4 paperwork.

If you do get worried about this you can send this form letter to the consulate requesting an extension.

http://www.visajourn...nd-approval.doc

I am wanting to sort of wait a little longer too. Hope this helps

I saw your link to extensions after I already posted. Thanks for posting it. Even though I couldn't open the link, it pointed me toward the VJ forms. I will paste it in below:

================================================================

(Date)

From: (Your name, address, phone, SS number)

To: (Name and address of consulate)

RE: (name and vital data of your fiancé, including I-797 approval notice number, date of birth, address, phone number)

Dear Honorable American Consulate of (name of consulate, such as Mumbai):

It is my understanding that pursuant to 9FAM 41.81 N3.1 (Period of validity), the consulate can extend the approval notice for another 4 months, if my fiancé and I remain legally free to marry and continue to plan to marry after my fiancé enters the United States.

Therefore, please be aware:

I and my fiancé continue to be legally single and free to marry.

I and my fiancé love each other and plan to marry after his/her entrance in to the United States.

If my I-797 approval notice has expired by the time of my fiancé’s interview,

I sincerely request that you extend the approval notice (copy attached) so that my fiancé, (name of fiancé) may receive the K-1 visa.

=================================================================

[DavenRoxy 1,073]

Thanks for the advice. It really sucks to think we will have to delay our timeline ourselves, after waiting and waiting to get this far, but I don't want my asawa to arrive in the US and have to struggle for months before I can be there to help her. I know 20 years from now this won't matter, but it SEEMS huge now.

Thanks for the link, I found this here on VJ since you pointed me in the right direction: http://www.visajourney.com/examples/extend-approval.doc

[DavenRoxy 1,073]

Has anyone had any luck emailing IVManilaReplies@state.gov? We have emailed that address at least 3 times in the past month, most recently a week ago to petition for an extension, and all I ever get is an automated reply referring me to the USEM website, and saying not to reply to the email address, that it is not monitored.

Does anyone have a better email addy that we can use to try and obtain an extension on our interview process?

Thanks in advance!

[DavenRoxy 1,073]

Ok, so I email IVManilareplies 3 times, and get no response. My Fiancee emails them yesterday, and she gets a reply today. Hay naku! But we are still a little confused... she asked them to extend our application by 4 months, and this is the email they replied with:

"We want to assure you that, while an approved fiancée petition is originally valid for four months from the date of approval, it may be revalidated by a consular officer for an additional four months, during the applicant’s interview. This revalidation is routine as long as the petitioner and beneficiary remain legally free to marry and plan to do so within 90 days from the date of the alien’s admission into the U.S. in K1 status."

So does this mean we just wait til August for an interview (so her visa will still be good in Jan, when we want her to come to the US), or does she schedule now, and they will issue her visa in August? I am afraid if she goes now, then issuance will just follow as soon as they get to it, which will most likely be too early. At the same time, I don't want to just blow off the interview, try to schedule in August, only to have them tell us we are past the 4 months.

What think ye?

[Tahoma 2,292]

Ok, so I email IVManilareplies 3 times, and get no response. My Fiancee emails them yesterday, and she gets a reply today. Hay naku! But we are still a little confused... she asked them to extend our application by 4 months, and this is the email they replied with:

"We want to assure you that, while an approved fiancée petition is originally valid for four months from the date of approval, it may be revalidated by a consular officer for an additional four months, during the applicant’s interview. This revalidation is routine as long as the petitioner and beneficiary remain legally free to marry and plan to do so within 90 days from the date of the alien’s admission into the U.S. in K1 status."

So does this mean we just wait til August for an interview (so her visa will still be good in Jan, when we want her to come to the US), or does she schedule now, and they will issue her visa in August? I am afraid if she goes now, then issuance will just follow as soon as they get to it, which will most likely be too early. At the same time, I don't want to just blow off the interview, try to schedule in August, only to have them tell us we are past the 4 months.

What think ye?

Hmmm...I think the Embassy's reply is about as clear as mud. I can't figure out what they are trying to say. Maybe another email asking them to explain their answer is in order. On the other hand, you or your fiancée could call the Embassy's Immigrant Visa Unit. In my experience, the people who answer the phones at the Immigrant Visa Unit are very helpful. Also, they are Filipinos who are fluent in both English and Tagalog. Your fiancée might be more comfortable speaking Tagalog. You just have to be patient and persistent when you are trying to reach them by phone because the line is always busy. I think it's best to call them between 7 am and 8 am (Manila time).

One thing to keep in mind is that your petition was approved by the USCIS (your NOA2) on January 24, 2011. The Embassy seems to be saying that your petition's four-month clock started ticking on that day. That would make May 24, 2011 the date in which your petition would expire.

The Embassy's email reply is unclear from there. They seem to be saying that she would receive a four-month extension only if she went to her interview. I have never heard of that before. It's my understanding that the petition can be extended by four months without having to attend the interview.