Intentional Delay in Returning Embassy Paperwork?

[ChuckCaplan 1]

My fiancee is still in school. She will finish her college degree sometime next year, but we are not sure exactly when that will be. (She may need only 2 more semesters, or she may need 3.) I am concerned about when to start the K-1 Visa process in order to time it so that the interview will occur after she has graduated. However, when looking over the process, there is a point when the US Embassy in Manila will send her some paperwork to be completed. I am wondering how long she can hold on to that paperwork before submitting it. If she can wait 4 months or more, then there is no reason that I can not start the process now and she can just hold on to the paperwork until she graduates if it comes too early.

Does anyone know about that? Will it cause the Embassy staff to become suspicious of the delay and hurt her chances of being approved?

[Messybrownhair 251]

You'll be fine.. If you are thinking about k1, you are looking at about 3-6 months to approval of petition, and then the US Embassy will allow you to schedule your interview within the year your case arrives, I know this because I waited 4 months to schedule and by the time I did my medical and interview, my NOA2 was already expired but still valid. And then once she has her visa, she has up to 6 months to leave. So you have plenty of time!

[NASN 1]

From what I know, once you receive the approval for the petition NOA2, on the notice there should be an expiration date, which I believe is 4 months from the approval date. To be sure, I suggest to maybe let 2 months pass, and then submit the paperwork to US Embassy on the day of your interview. I wouldn't wait too long though, because once the petition approval expires (4 months), you'll have to file another one. Once it is approved, visa should good for 6 months.

[Darnell 8,478]

once the embassy has the casefile, the beneficiary has 1 year to return all documents requested for the Visa Application.

But must contact the Embassy every few months or so, to let them know she still intends to go through with the interview.

Otherwise, the case may be viewed as abandoned, there's a PETITION VALIDITY DATE RANGE that you have to pay attention to.

Once the visa is granted, have 6 months (usually, if no medical issues) to transit into the USA.

So, is possible to delay at Embassy, but must be proactive in communication with the IV Unit, usually via email.

Good Luck !

[DavenRoxy 1,073]

From what I know, once you receive the approval for the petition NOA2, on the notice there should be an expiration date, which I believe is 4 months from the approval date. To be sure, I suggest to maybe let 2 months pass, and then submit the paperwork to US Embassy on the day of your interview. I wouldn't wait too long though, because once the petition approval expires (4 months), you'll have to file another one. Once it is approved, visa should good for 6 months.

I don't believe this to be correct. After the 4 months expire, the CO can automatically extend the period another 4 months. I believe as stated, this can be done up to a year. We are in this same situation; our NOA1 was late January, but our interview had to be pushed back to Aug. USEM said no problem doing that.

[HopeFaithLove 13]

I don't believe this to be correct. After the 4 months expire, the CO can automatically extend the period another 4 months. I believe as stated, this can be done up to a year. We are in this same situation; our NOA1 was late January, but our interview had to be pushed back to Aug. USEM said no problem doing that.

Hello "DavenRoxy", thanks for the post! Glad to hear from your experiences as well as with "Messybrownhair". We are planning to defer our interview date too. We've got our NOA2 on the last week of May. We now have our MNL case #, though I didn't hear as yet from the US embassy as far as packet 3 / instructions of visa application is concerned.

At least now, I am informed that we can extend the petition to another 4 months or within 1 year before interview. I am not ready to leave work for now so I thought of extending my interview probably on October or November. I also consider of having my medical later since I come from the province probably as soon as when I am ready for my interview. It is also nice to know that we still have 6 months to leave after we get the visa. This is really helpful in my situation. I am pretty sure my fiance and I will be able to plan well with this. Thank you and God bless !

[DavenRoxy 1,073]

We received NOA2 around 24 Jan, but still have not "received packet 3". No one from USEM has contacted us or sent her anything, we just contacted them, asked about the delay, and scheduled our interview online. Not the best system around, and there are a lot of missing gaps, but thanks to VJ, it is much easier than the Gov't would have it be.