Can I-129F Petition Expire?

[Jasman0717 9]

The important point as just mentioned above is 4 months from approval!!! This is your NOA2 date. I copied this quote from the USCIS website:

Extending the Petition

The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed.

Good Luck to you!!!

The embassy should automatically extend it for you. If the embassy doesn't do this and says you have to re-apply you should contact your elected representative!

Good luck

[jonty 0]

I am a bit nervous, as I spoke with our case manager at the Johannesburg Embassy in South Africa and he said that the I-129F petition is only good for four months!!! Is this possible? He said we may have to refile. We have done nothing wrong, all forms were returned one day after we received them. He said he would need to look further into our case, but went ahead and scheduled our interview date for Nov. 7th. This man was our first case manager, then we were sent to 3 other managers, and turns out all along the first manager was our case manager, unbelievable. Our NOA1 is April 4th, four months after that is Aug. 4th, we didn't even get our NOA2 until Aug. 14th. I think our case manager is loopy. Should I ask to speak to a supervisor?

Hello,

You need not have to worry at all.

These are the USCIS words:

The I-129F petition is valid for four months from the date of approval from USCIS. Consular officers can extend the validity of the petition (revalidate the petition) if it expires before the processing of the visa application is completed

[aussiewench 9]

Aussiewench is absolutely correct. Extensions are not automatic. I am filing a second K-1 petition because the CO decided not to extend our petition. I would request an extension in writing. I did and I am including it in my second K-1 to show that I was on top of things and earnest about getting my fiance here.

Cute, country is Tibet? Tibet is a province of China.

I wonder if you consider Texas a seperate country.

While Aussiewench is quite an authority on almost all things K1/K3/CR1 visa petitions, I think it's assumed--and rightly so--that 99.9% of the time petition validity extentions are granted automatically. A VO/CO can deny your visa too. They have final authority of course but it would be rare for them to deny an automatic extension, especially due to no fault of your own. They probably wanted to deny your visa but used the validity period instead. I'm really curious to see if you get approved this second time around.

I am just reluctant to just go along with the 'automatic' crowd after doing some research of my own and of hearing and reading of those that have had issues in the past with the revalidation of petitions. Hence why I pointed out that it can be dangerous to just assume that it is automatic. e.g. The reason why a second 'Letter of Intent' is required once a case is at the embassy/consulate is for this reason. To show that the intent still remains to marry once in the US and that the petitioner still wishes for the visa to be granted. Some consulates request a new 'Letter of Intent' as an automatic, some do not.

Also, a reply to a thread on the revalidation issue was posted some time back and perhaps the member with the entire story on it will see this and post, of cases where the date of revalidation was not recorded in the block on the petition and in the past it had caused problems at the POE with those entering on K visas.

From the FAM....

When a K visa petition is revalidated, the notation “Revalidated to (date)”

should be placed in the “Remarks” block of the petition over the signature

and title of the consular officer. The date of the revalidation should also be

shown.

There is no reason to stress over the issue, but being complacent and not knowing what can occur sometimes can cause a great deal of stress if it does happen, especially when it may of been avoided.

I know this link is from a while back but it is still relevant.

http://britishexpats.com/forum/showthread.php?t=172892&pp=15

[SirLancelot 1]

There is no reason to stress over the issue, but being complacent and not knowing what can occur sometimes can cause a great deal of stress if it does happen, especially when it may of been avoided.

Absolutely agreed. No better advice than this can be given. Learn the process. Understand all the consequences, but don't worry too much as long as you are prepared.

[sakurasama 0]

Don't assume things. My case was set to expire within a few days after getting a 221(g) [request for more info] after the interview. I emailed the New Delhi Embassy asking questions about exactly what I needed to provide for the 221(g) and asking for an extension as my initial four months was to expire in a few days. They answered my first email with an exact quote off the 221 (g) and without answering any of my questions or acknowledging the extension request. I emailed again and they again didn't answer my questions or request but wrote that they were "processing the case" or something like that. Calling didn't work so I ASSUMED after reading the bottome of the 221(g) that says, : “ WARNING; IF YOU FAIL TO TAKE THE ACTION REQUSTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE DATE OF YOUR INTERVIEW, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED” that my petition wouldn't be cancelled for at least a year.

Later when my fiance submitted our papers he was told our petition had expired and the CO chose not to renew it and it had been sent back to DHS. I kept in contact with the Embassy and my fiance visited the Embassy numerous times while getting the paperwork together but during that time no one told us that our case had expired.

It is a pretty unlikely scenario but I learned not to assume anything!!

Edited October 27, 2006 by sakurasama