NOA2 Questions on Extending the K1 Visa

[Darren & Fern 0]

I received my NOA1 September 14th 2012 and received my NOA2 (I-797) April 19th 2013. It says "Notice Type: Approval Notice Valid from 04/19/2013 to 08/18/2013." Does this mean that my fiance has to come to the USA to live with me before 08/18/2013?

Below on the form that it will take a few weeks for the NVC to process the approved fiance petition and send it to the US Embassy in Brazil where my fiance is from. I am currently in school and will graduate around December 15th 2013 which is when we originally planned for my fiance Fernanda to come and live with me and then we would get married.

Does anyone know what the exact final date my fiance would have to come to the USA to live with me? Does it go from the date of her interview in Brazil or is it the date on this I-797? Also, is there ANY way to extend the 6 month time frame because I don't want my fiance to come to the USA to live me with while I am still in school and because she teaching and would like to finish out the year in December. Once I graduate we will be much more stable financially as well as it will be a perfect time for her to come live with me.

What are your thoughts? Have anybody had any similar experiences or know of any stories about this type of situation?

[Pitaya 2,577]

I received my NOA1 September 14th 2012 and received my NOA2 (I-797) April 19th 2013. It says "Notice Type: Approval Notice Valid from 04/19/2013 to 08/18/2013." Does this mean that my fiance has to come to the USA to live with me before 08/18/2013? No, those are the valid dates of your approved K-1 petition.

Below on the form that it will take a few weeks for the NVC to process the approved fiance petition and send it to the US Embassy in Brazil where my fiance is from. I am currently in school and will graduate around December 15th 2013 which is when we originally planned for my fiance Fernanda to come and live with me and then we would get married.

Does anyone know what the exact final date my fiance would have to come to the USA to live with me? Does it go from the date of her interview in Brazil or is it the date on this I-797? Also, is there ANY way to extend the 6 month time frame because I don't want my fiance to come to the USA to live me with while I am still in school and because she teaching and would like to finish out the year in December. Once I graduate we will be much more stable financially as well as it will be a perfect time for her to come live with me.

What are your thoughts? Have anybody had any similar experiences or know of any stories about this type of situation?

The expiration date will be expressed on the K-1 visa after your successful visa interview at the interviewing embassy/consulate. Check out the DoS Nonimmigrant K-1 Fiance(e) Visa FAQs for more info:

http://travel.state.gov/visa/immigrants/types/types_2994.html

Contact the interviewing embassy/consulate about your proposed changes. This question has been posted before, utilize the forum's Google search function to review prior similar postings.

Good luck.

[amykathleen2005 441]

The date of the visa is the date that starts your 6 months, after entry you also have 90 days to marry. If your NOA2 expires before your interview you can just write a letter to the embassy saying that you continue to support your fiance's visa application and everything should be ok.

[Darren & Fern 0]

I imagine that my fiance in Fernanda will be request to par-take in the interview to receive her K1 visa sometime within the next 4 weeks. What should she do? Should she simply call the embassy and tell them she would like to leave brazil in December because it will be better for both of our circumstances? What do I need to do in this situation?

Thanks for the help!

[Bugs 455]

Does the ninety days to marry have to fall within the 6 months before the visa expiration?

[Darren & Fern 0]

I'm confused by your question can you describe it a little better for me

[Bugs 455]

I'm confused by your question can you describe it a little better for me

My apologies, as my question was directed towards the person who said that you need to get married within 90 days after entering the US, not towards you.

I did some quick research though, and got my answer.

You will have 6 months after your sponsored fiance's MEDICAL examination that he/she has to go through (before the visa interview) to enter into the US, as it is the date of the medical examination that apparently sets that start date.

Then after she enters into the US, she will have 90 days from entry into the US to marry you, and, yes, those 90 days can go beyond that 6 month expiration date of the visa.

So, in your case, I would have her set up the interview and medical examination for July, before the August expiration to do so, but late enough so that if she cannot arrive until December, it would still fall within the 6 months of the expiration of the visa issued.

Edited April 29, 2013 by Leon & Mylen

[dreed 4]

I received my NOA1 September 14th 2012 and received my NOA2 (I-797) April 19th 2013. It says "Notice Type: Approval Notice Valid from 04/19/2013 to 08/18/2013." Does this mean that my fiance has to come to the USA to live with me before 08/18/2013?

Below on the form that it will take a few weeks for the NVC to process the approved fiance petition and send it to the US Embassy in Brazil where my fiance is from. I am currently in school and will graduate around December 15th 2013 which is when we originally planned for my fiance Fernanda to come and live with me and then we would get married.

Does anyone know what the exact final date my fiance would have to come to the USA to live with me? Does it go from the date of her interview in Brazil or is it the date on this I-797? Also, is there ANY way to extend the 6 month time frame because I don't want my fiance to come to the USA to live me with while I am still in school and because she teaching and would like to finish out the year in December. Once I graduate we will be much more stable financially as well as it will be a perfect time for her to come live with me.

What are your thoughts? Have anybody had any similar experiences or know of any stories about this type of situation?

We had a similar situation - we received NOA2 much faster than anticipated. After receiving Packet 3 from the embassy, we emailed them and asked what we should do because the beneficiary could not move to the U.S. until early September 2013. They replied that we would have one year from NOA2, at which point they would return our file to USCIS if the beneficiary had not successfully completed the interview by that time.

The K1 visa expires 6 months after the date of the medical exam. So, we made sure to schedule the medical exam for late March 2013 so that the resulting K1 would be valid through late September 2013. After a successful interview in early April, my fiancee was issued her K1 visa, and it had an expiration date exactly six months after the date of her medical exam.

The following instruction was included with the visa (which was delivered about 3 business days after the interview): "Within 90 days of entering the United States on your fiancé(e) visa, you must contract a marriage with the U.S. citizen who filed the petition for alien fiancé(e) on your behalf."

[Darren & Fern 0]

That was the solution I was trying to figure out buy you totally make sense. So if my fiance in Brazil took her medical exam and interview before 8/18/2013 which would be when my I-127 (NOA2) expires THEN her K1 6month time would start from the day she gets approved from her interview. Theoretically, if she gets approved 8/15/2013 for example we would have until 2/18/2014 for her to come to the USA and then 90 days to get married from that point. Does this all seem logical?

[Bugs 455]

That was the solution I was trying to figure out buy you totally make sense. So if my fiance in Brazil took her medical exam and interview before 8/18/2013 which would be when my I-127 (NOA2) expires THEN her K1 6month time would start from the day she gets approved from her interview. Theoretically, if she gets approved 8/15/2013 for example we would have until 2/18/2014 for her to come to the USA and then 90 days to get married from that point. Does this all seem logical?

That is correct, with the exception that the 6 months start at the date of the medical examination, not the visa approval date.

[Darren & Fern 0]

ok thank you

[Dave&Roza 748]

That is correct, with the exception that the 6 months start at the date of the medical examination, not the visa approval date.

Interesting. As my wife's visa was valid for a full 6 months after it was issued and she had her medical exam 3 weeks before the visa was issued. The visa was issued the 22nd of September 2010 and it expired the 21st of March 2011. I am wondering if this whole medical and visa validity period is Embassy specific as I have seen others not from the PI state their visas were valid for 6 months. Typically the medical is valid for 1 year for a K-1 visa and if you file for AOS (Adjustment of Status) within 1 year then you do not need to get another medical. Wait for more than 1 year and you need a new medical when filing for AOS.

OP: Have your fiancee wait to have the interview so it fits into your timeline. You might also ask the Embassy in Brazil how long they issue the K-1 visa for and what determines its validity period--i.e. medical or is it valid for 6 months after the visa is approved. Then plan accordingly. My wife entered the US during the third month of validity without any problems. Just make certain to have her arrive before the K-1 visa expires. Hopefully you can get this to work into your plans.

Good luck,

Dave

[Bugs 455]

Interesting. As my wife's visa was valid for a full 6 months after it was issued and she had her medical exam 3 weeks before the visa was issued. The visa was issued the 22nd of September 2010 and it expired the 21st of March 2011. I am wondering if this whole medical and visa validity period is Embassy specific as I have seen others not from the PI state their visas were valid for 6 months. Typically the medical is valid for 1 year for a K-1 visa and if you file for AOS (Adjustment of Status) within 1 year then you do not need to get another medical. Wait for more than 1 year and you need a new medical when filing for AOS.

OP: Have your fiancee wait to have the interview so it fits into your timeline. You might also ask the Embassy in Brazil how long they issue the K-1 visa for and what determines its validity period--i.e. medical or is it valid for 6 months after the visa is approved. Then plan accordingly. My wife entered the US during the third month of validity without any problems. Just make certain to have her arrive before the K-1 visa expires. Hopefully you can get this to work into your plans.

Good luck,

Dave

Yeah, maybe it's different now than it was then when you got yours. Everybody here, and in a similar thread going on, are saying the same thing - it's the medical date that starts the 6 months now.

As far as the year, if you get your medical, and the 6 months start, and then you wait an additional 90 days if you enter at the end of that 6 months, to get married, that is 9 months max. So you still have 3 more months to file that AOS without a new medical. But that is a good point. It's a good idea to file for the AOS right away anyways, as well as a Social Security card and EAD.

Edited April 29, 2013 by Leon & Mylen

[Dave&Roza 748]

That was the solution I was trying to figure out buy you totally make sense. So if my fiance in Brazil took her medical exam and interview before 8/18/2013 which would be when my I-127 (NOA2) expires THEN her K1 6month time would start from the day she gets approved from her interview. Theoretically, if she gets approved 8/15/2013 for example we would have until 2/18/2014 for her to come to the USA and then 90 days to get married from that point. Does this all seem logical?

I would think anytime in August before the 18th would work given your timeline. If you have the medical in early August, then 6 months would be February if the visa is valid for 6 months based on the medical or even later if based on the approval date. That way you do not have to have the Embassy extend the validity of the petition which they can do. I would not wait until the 18th as that would add other issues and it would seem that having the visa valid beyond the 1st of the year is what you want and that would be any time after July 2nd.

Good luck,

Dave

[Darren & Fern 0]

That sounds right Dave, we are now planning on scheduling Fernandas medical and interview after her visit to me this summer which would be near the end of July.

Thanks everyone for your help!