K1 visa problem

[tony1697 0]

Hello everyone. i have a situation here. I started the K1 visa process back in may 2011. To make a long story short my fiancee had to cancel her visa interview date on october 31 2011 at the brazilian consulate. my fiancee immediately emailed the consulate, and requested a new interview date. they played tag for a week or so asking for information from here on the situation RDJ number date of birth etc. She never heard back from them. I arrived here in brazil november 27 and today she read here email, and it stated that here K1 visa application expired on November 21, 2011. I would appreciate some help as soon as possible, because i am thinking that a trip to the brazilian consulate would be a waste of time for me. Please help

[Tim/Mav 305]

Hello everyone. i have a situation here. I started the K1 visa process back in may 2011. To make a long story short my fiancee had to cancel her visa interview date on october 31 2011 at the brazilian consulate. my fiancee immediately emailed the consulate, and requested a new interview date. they played tag for a week or so asking for information from here on the situation RDJ number date of birth etc. She never heard back from them. I arrived here in brazil november 27 and today she read here email, and it stated that here K1 visa application expired on November 21, 2011. I would appreciate some help as soon as possible, because i am thinking that a trip to the brazilian consulate would be a waste of time for me. Please help

If it was a TAG Game as you say with e-mails going back and forth before the expiration them print them.

There is a posibility that your petition was extended and you don't know yet. It is not uncommon.

[JimVaPhuong 4,863]

Hello everyone. i have a situation here. I started the K1 visa process back in may 2011. To make a long story short my fiancee had to cancel her visa interview date on october 31 2011 at the brazilian consulate. my fiancee immediately emailed the consulate, and requested a new interview date. they played tag for a week or so asking for information from here on the situation RDJ number date of birth etc. She never heard back from them. I arrived here in brazil november 27 and today she read here email, and it stated that here K1 visa application expired on November 21, 2011. I would appreciate some help as soon as possible, because i am thinking that a trip to the brazilian consulate would be a waste of time for me. Please help

It's within their discretion to extend the validity of the petition approval, and there's general guidance in the Foreign Affairs Manual that they should do that as long as they're receiving communication from the applicant or the petitioner. However, they aren't required to extend the validity of the petition approval, and they can certainly return the petition to USCIS as abandoned if it expires.

Did she contact the consulate before the interview and notify them that she wouldn't be able to attend the interview, and ask for a new interview date? Or, did she contact them after she missed the interview? If she contacted them before then you might have a chance of getting them to reconsider. If she contacted them after then I think they'd be more inclined to just return the petition as abandoned.

You don't know that a trip to the consulate would be a waste of time until you've tried it. If I were in your shoes then I would be trying everything I possibly could to keep that petition alive and keep it at the consulate. I'd camp out at the consulate, if needed.

[tony1697 0]

Hello everyone! and i thank all of you for trying to help me. for 2 separate days my fiancee has visited the consulate. The first day they told her that she had to go home and email her reply to the consulate, and they would respond in 3 days. she received their reply which was that when they got around to replying to her email they found that the petition was expired. so therefore I would have to reapply for her. Now my question is will i have to start the process over, being sending all of the information to USCIS again go through the medical exams all again. Now the second part to this is my fiancee went to the consulate today and they said for her to send another email to some authority will all of her evidence, on why she did not attend her interview for them to consider, and also for me to send them an email explaining that I knew that she did not attend the interview, and that i also requested a new interview date. If anyone can help me here it would be greatly appreciated

[tony1697 0]

Also another thing is she never paid the citibank fee in advance. does that make a difference?