NOA2 Questions on Extending the K1 Visa

[baron555 934]

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 dates are meaningless. Once the Embassy has the case, they can keep it open as long as they wish. Don't worry about those dates, they have no meaning to a K-1 petitioner.

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?

They will have 6 months from the date of approval following a successful interview and any AP.

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.

Yes, once they are granted the K-1 visa, simply email the Embassy and ask that it be extended.

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

[AnandBrian 0]

The consulate in Rio de Janeiro will schedule Fernandas interview not you guys, after the consulate receives the case they will send you a letter with the interviews date, if you guys want more time, you will need to email the consulate asking for another date.

[amykathleen2005 441]

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.

It depends on the consulate as to whether it is 6 months from the medical or from the date the visa is issued. The OP will have to find which applies in Brazil.

[Andrea&Henry 311]

she can enter the states the same day she receive her visa. When she receive it (after her interview) she has 60 days to leave brazil. Once she gets here you only have 90 days to get married. Once you are mary you should file for her Adjustment as soon as you can so she wont be out of status for too long.

When I received my k1 visa last year, the medical results had 1 year of validation. So you should apply for her adjustment before it expire.

But regarding the visa, the noa 2 has nothing to do with it, the NOA2 has indeed an expiration date but it only means that the NVC and the embassy should process you before the NOA2 expiration date. If this happens, your petition would be send back to the USCIS and basically you will need to start over again. But dont worry about this. Just follow the steps and procedures according the US embassy at Brazil.

In my case I received my visa on April16 (MondaY) and by friday I was already here, but she can leave within does 6 months.

But before the interview, its impossible to know when she can move, but you are getting close!

good luckkkk

[Andrea&Henry 311]

she can enter the states the same day she receive her visa. When she receive it (after her interview) she has 60 days to leave brazil. Once she gets here you only have 90 days to get married. Once you are mary you should file for her Adjustment as soon as you can so she wont be out of status for too long.

When I received my k1 visa last year, the medical results had 1 year of validation. So you should apply for her adjustment before it expire.

But regarding the visa, the noa 2 has nothing to do with it, the NOA2 has indeed an expiration date but it only means that the NVC and the embassy should process you before the NOA2 expiration date. If this happens, your petition would be send back to the USCIS and basically you will need to start over again. But dont worry about this. Just follow the steps and procedures according the US embassy at Brazil.

In my case I received my visa on April16 (MondaY) and by friday I was already here, but she can leave within does 6 months.

But before the interview, its impossible to know when she can move, but you are getting close!

good luckkkk

she can enter the states the same day she receive her visa. When she receive it (after her interview) she has 60 days to leave brazil. Once she gets here you only have 90 days to get married. Once you are mary you should file for her Adjustment as soon as you can so she wont be out of status for too long.

When I received my k1 visa last year, the medical results had 1 year of validation. So you should apply for her adjustment before it expire.

But regarding the visa, the noa 2 has nothing to do with it, the NOA2 has indeed an expiration date but it only means that the NVC and the embassy should process you before the NOA2 expiration date. If this happens, your petition would be send back to the USCIS and basically you will need to start over again. But dont worry about this. Just follow the steps and procedures according the US embassy at Brazil.

In my case I received my visa on April16 (MondaY) and by friday I was already here, but she can leave within does 6 months.

But before the interview, its impossible to know when she can move, but you are getting close!

good luckkkk

my bad!! not 60 days I mean 6 month...once she receive her visa she has 6 month to move

[Darren & Fern 0]

I have another question for anyone who may know the answer. So Fernanda and I had a discussion tonight and we now think it may be best to just request a reissue of the K1 visa so that she can schedule her interview sometime in December. What we are thinking is that I am still in college and in December I plan to have a full-time job to be able to support us as right now I don't really have too much income. Also, Fernanda can't get off for work to go all the way to Rio to do her interview until Brazilian summer in mid-December. So we feel that for those reasons we want to request a reissue or extension of my NOA2, I am not sure how to go about doing this and I am looking for advice. Since the NOA2 has already been approved and is in the process of being sent to Fernanda to have her interview scheduled, should Fernanda just call the consulate once they notify her to schedule an interview?

I heard from a few posts that people must write a written request for the extension of the K1 visa, is this true? Also, is there anything I must do back here in the US to help make sure this transition works smoothly?

[Darren & Fern 0]

So once the Embassy in Brazil has my case and if we request an extension for the K1 visa for instance lets say to schedule my fiance's interview December 15th based upon personal reasons, then it would not matter that my I-797 NOA2 has expired from the 8/18/2013 date?

We are thinking of sending the embassy an email stating our reason for requesting an extension " on VJ i heard it was called a "reissuance of K1 visa". Do you have any comments about how to properly go about doing this, I'm guessing send that email once the Embassy in Brazil has contacted my fiance to come for the interview.

Is there anything else I should be aware of with my situation? I appreciate your help alot! Thank you so much!

[baron555 934]

So once the Embassy in Brazil has my case and if we request an extension for the K1 visa for instance lets say to schedule my fiance's interview December 15th based upon personal reasons, then it would not matter that my I-797 NOA2 has expired from the 8/18/2013 date?

Yep, that date on the NOA2 is meaningless. It may have more meaning for other visas, remember these are multiple use forms.

We are thinking of sending the embassy an email stating our reason for requesting an extension " on VJ i heard it was called a "reissuance of K1 visa". Do you have any comments about how to properly go about doing this, I'm guessing send that email once the Embassy in Brazil has contacted my fiance to come for the interview.

Yes, once they have your case, you can request a delay in the actual interview and then again another extension once the visa is issued.

Is there anything else I should be aware of with my situation? I appreciate your help alot! Thank you so much!

Nope, do not be afraid to email the Embassy and ask these questions. They are nice folks there!

[Maria124 98]

Finally found a thread for my concern.. i hope you guys are still here.. 

so my situation is: 

i am working abroad and not in my home country which we put to have my interview(beneficiary here) .. my worries are, i still have 9months to finish my contract here. So if ever i will have the  noa2, and its 4months validity.. will it be ok for me to pay just the vIsa fee, since it has a 1year Validity..and then continue the next step like medical, and interview after my contract will end?? 

 

I hope somebody can understand my ranting... thankYou so Much... 😊😞