Fiancee Visa Expired - Options to extend/reapply?

[DavidandIrina 1]

So long story short, my Ukrainian Fiancee and myself have had a wild roller coaster of a relationship over two years. Anyways, I got her a fiancee visa, she got it, but during that time she had our baby so she didn't immediately come here. We've had good times and problem times, but regardless, the visa expired April 20th and she didn't board the airplane so she's still there and I'm still here but we have rediscovered that we still have strong feelings for each other.

So I'm not really throwing out the relationship details specifically because I need to know my options at this point. The Fiancee Visa expired April 20th, but I've heard that you can get extensions, however I didn't apply for an extension earlier, so I don't know if they would grant one now without (almost a month later) some just cause and then I don't know how long the grace period would be if they did offer an extension. Does anyone know?

Also if it has expired and they don't offer me a grace period extension, do you know how long it will be until I can reapply for another one for her? Would it be faster at this point to go there and marry her and get a wife visa instead?

Such drama!!!

David

[Amy_and_Victor 159]

I would recommend to contact US Embassy which issued visa to ask about possibility of extension, they should tell if it's possible or not. If it will not be possible, you can re-apply I-129F petition, and as far as I heard, you can apply for the same fiancee any time you want, without waiting 2 years. I doubt that wife's visa will be faster, it seems that it's similar time or even a little longer.

Edited May 15, 2012 by Amy_and_Victor

[1HappyGuy 45]

David,

Contact the embassy in Kiev about a possible extension. Make sure you include the case number in your subject line so that they can find it quickly. There are possibilities of an extension but you will likely need to give them some compelling reasons for the extension. Be honest in all descriptions and maybe Lady Luck will smile upon you.

If you get the extension put her and the baby on the next available plane.

[baron555 934]

Also if it has expired and they don't offer me a grace period extension, do you know how long it will be until I can reapply for another one for her? Would it be faster at this point to go there and marry her and get a wife visa instead?

What has the Embassy said to these questions?

[DavidandIrina 1]

What has the Embassy said to these questions?

I haven't asked the embassy yet. I've been in polling mode to see what the general consensus says first :-P But you are right I should just call them and ask which would be the most simple and direct route :-P

They are closed now but maybe I'll give them a call tomorrow.

[Gary and Alla 3,694]

So long story short, my Ukrainian Fiancee and myself have had a wild roller coaster of a relationship over two years. Anyways, I got her a fiancee visa, she got it, but during that time she had our baby so she didn't immediately come here. We've had good times and problem times, but regardless, the visa expired April 20th and she didn't board the airplane so she's still there and I'm still here but we have rediscovered that we still have strong feelings for each other.

So I'm not really throwing out the relationship details specifically because I need to know my options at this point. The Fiancee Visa expired April 20th, but I've heard that you can get extensions, however I didn't apply for an extension earlier, so I don't know if they would grant one now without (almost a month later) some just cause and then I don't know how long the grace period would be if they did offer an extension. Does anyone know?

Also if it has expired and they don't offer me a grace period extension, do you know how long it will be until I can reapply for another one for her? Would it be faster at this point to go there and marry her and get a wife visa instead?

Such drama!!!

David

Call the consulate and ask for an extension. If they cannot do that then you will file a new I-129f with explanation and request for waiver of the "two year rule". It will be granted. In the meantime do a CRBA for the child with the consulate and get the child a US passport

[Lena and Igor 5]

Perhaps a notarized/apostlized letter from the OB stating medical necessiity to not travel by air for your SO will be beneficial in Irina's attempt to get an extention. Boy or girl? Congratulations!

[DavidandIrina 1]

Call the consulate and ask for an extension. If they cannot do that then you will file a new I-129f with explanation and request for waiver of the "two year rule". It will be granted. In the meantime do a CRBA for the child with the consulate and get the child a US passport

My daughter has a passport already, I got that done back in March of this year. So she can come whenever she chooses when she is old enough to choose :-P

As to the visa, I wrote to the embassy and this is what they wrote back (useful for anyone else in a similar situation):

"Thank you for your inquiry. We cannot extend expired visas. Your fiancée should schedule an appointment through the Call Center and apply for the visa reissuance procedure.

Sincerely,

Public Liaison Unit

Consular Section

U.S. Embassy

Kyiv, Ukraine

fax (38) 044 521 - 5425"

So Irina will have to go and have a meeting with them to get a reissuance. I don't know how long that process takes, but at least it doesn't necessarily mean starting again from the beginning with sending in the I-129F.

David

[Gary and Alla 3,694]

My daughter has a passport already, I got that done back in March of this year. So she can come whenever she chooses when she is old enough to choose :-P

As to the visa, I wrote to the embassy and this is what they wrote back (useful for anyone else in a similar situation):

"Thank you for your inquiry. We cannot extend expired visas. Your fiancée should schedule an appointment through the Call Center and apply for the visa reissuance procedure.

Sincerely,

Public Liaison Unit

Consular Section

U.S. Embassy

Kyiv, Ukraine

fax (38) 044 521 - 5425"

So Irina will have to go and have a meeting with them to get a reissuance. I don't know how long that process takes, but at least it doesn't necessarily mean starting again from the beginning with sending in the I-129F.

David

Strange. It seemthey are tlling you to simply make a new appointment using the same petition, but the petition expires after 4 months. I would ask for clarification, that they you can specifically re-apply using the existing I-129f petition. Does not sound right to me.

The procedure would be the same as before...medical, interview, K-1 application. Should be easy if you can actually do that. I have my doubts. BUT they do specifically mention the "visa re-issuance procedure". Email them and ask the details of this.

Edited May 16, 2012 by Gary and Alla

[1HappyGuy 45]

As to the visa, I wrote to the embassy and this is what they wrote back (useful for anyone else in a similar situation):

"Thank you for your inquiry. We cannot extend expired visas. Your fiancée should schedule an appointment through the Call Center and apply for the visa reissuance procedure.

Sincerely,

Public Liaison Unit

Consular Section

U.S. Embassy

Kyiv, Ukraine

fax (38) 044 521 - 5425"

So Irina will have to go and have a meeting with them to get a reissuance. I don't know how long that process takes, but at least it doesn't necessarily mean starting again from the beginning with sending in the I-129F.

David

It sounds like they are giving you an opportunity to get a new visa issued. I'd have her call immediately to schedule another interview. She might need to pay another fee, but that's cheap if she gets in now. I would make sure she has your response letter with her and she should be prepared for additional questions since she allowed it to expire. This might just work out as long as Irina is not dragging her feet.

Good luck!