Jump to content
serendipity9

Request validity extension now as a precaution?

 Share

4 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Algeria
Timeline

The date for which the embassy has scheduled my fiance's interview falls 10 days after the NOA2 validity period expires. I understand it is typical for the CO to "automatically" extend the validity period without any request from the petitioner in circumstances such as this when the embassy didn't have any appointments available before the expiration date. However, I recall reading about a case (at another consulate in the region) where the beneficiary was issued a 221g at the interview and the CO said they were sending the petition back to be reaffirmed by USCIS because it was already expired at the time of the interview. I'd only ever heard of K1 petitions being returned for recommending revocation (after which it's usually allowed to expire at the service center if it hasn't already)

If the CO didn't extend the validity period yet refuses to issue the visa at the interview, isn't the petition effectively dead right there regardless of whether they call it a denial?? If it's returned ostensibly for further review, there would basically be no recourse since it's being returned as an expired petition, right? It seems like just a disingenuous way to deny a visa without having to outright deny it, and the petitioner is none the wiser while they quietly wait for a response they'll never receive.

Anyways, I ask because I know that at the embassy we are going through, majority of cases get at least some AP and it seems petitions are increasingly being returned to USCIS for vaguely-defined review or reaffirmation..wouldn't it just languish until it's finally purged from the system?

So, would sending a statement requesting for the petition to be extended for another four months to allow for any additional processing offer some safeguard? not that the CO is bound to honor the request, but it seems like a valid petition would have more "teeth" in whatever processing than an expired one (or maybe not)

Any insight or experience on this? Thanks

Link to comment
Share on other sites

Filed: AOS (apr) Country: Kenya
Timeline

Any insight or experience on this? Thanks

You're worrying over nothing. The validity date is meaningless and once the Embassy has the case, that date ceases to have any meaning. The Embassy can hold the case for years and that date will mean nothing.

There is nothing you need to do except stop worrying and worry about when you will be together and what it will take to assimilate them into life here (and the cost....that should be your bigger worry.)

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Link to comment
Share on other sites

Filed: Lift. Cond. (apr) Country: China
Timeline

Relax! :thumbs:

Edited by A&B

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...