Expiring I-129's

[ridejewel 0]

Has anyone had any troubles with an expired I-129? I wrote my lawyer about it and this is what he said...

The I-129F approval does expire. As you have noted, it expires on 10 January 2007. However, in general, consulates have the power to ignore this if they wish. It is widely understood that some consulates take such a long time to schedule interviews after the approvals are received, that the approval dates must be extended. As long as Ngan has her visa interview before 10 January, I suspect there will be no problem at all.

[payxibka 10,047]

Has anyone had any troubles with an expired I-129? I wrote my lawyer about it and this is what he said...

The I-129F approval does expire. As you have noted, it expires on 10 January 2007. However, in general, consulates have the power to ignore this if they wish. It is widely understood that some consulates take such a long time to schedule interviews after the approvals are received, that the approval dates must be extended. As long as Ngan has her visa interview before 10 January, I suspect there will be no problem at all.

What he failed to mention is that the consulate can extend the validity of the petition approval for another 4 mos. This is typically done automatically by the consulate if they are unable to get the interviews done in time. In addition, in the sample forms section there is a sample of how the petitioner can request it as well.

[YuAndDan 153]

Your timeline shows 10/11/06 as NOA2, the petition should be good for 4 months, so around Feb 11 is 4 months.

If it gets close to expiration you may want to send a note to the consulate like the one in the example forms to request the approval to be extended. Many do automatically extend the petitions others need to be reminded to extend.

http://www.visajourney.com/examples/extend-approval.doc

[ridejewel 0]

Your timeline shows 10/11/06 as NOA2, the petition should be good for 4 months, so around Feb 11 is 4 months.

If it gets close to expiration you may want to send a note to the consulate like the one in the example forms to request the approval to be extended. Many do automatically extend the petitions others need to be reminded to extend.

http://www.visajourney.com/examples/extend-approval.doc

No, my I-129 expires on Jan. 10th 2007, only 3 months. I'm petitioning for HCM. I'll have to send that form in to be safe though...

[kitkat1 5]

No, my I-129 expires on Jan. 10th 2007, only 3 months. I'm petitioning for HCM. I'll have to send that form in to be safe though...

Is your NOA2 date incorrect in your timelines? Approved petitions are valid for four months - it doesn't matter which consulate.

[ridejewel 0]

No, my I-129 expires on Jan. 10th 2007, only 3 months. I'm petitioning for HCM. I'll have to send that form in to be safe though...

Is your NOA2 date incorrect in your timelines? Approved petitions are valid for four months - it doesn't matter which consulate.

Yeah, it is. I have my approval notice, it says right on it: Valid from 10/11/2006 to 1/10/2007. Maybe i'm a first for the 3 months deal...

[kitkat1 5]

No, my I-129 expires on Jan. 10th 2007, only 3 months. I'm petitioning for HCM. I'll have to send that form in to be safe though...

Is your NOA2 date incorrect in your timelines? Approved petitions are valid for four months - it doesn't matter which consulate.

Yeah, it is. I have my approval notice, it says right on it: Valid from 10/11/2006 to 1/10/2007. Maybe i'm a first for the 3 months deal...

Wouldn't hurt to send them an email request to extend it, but sound like they made a typo:

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

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.

[ridejewel 0]

No, my I-129 expires on Jan. 10th 2007, only 3 months. I'm petitioning for HCM. I'll have to send that form in to be safe though...

Is your NOA2 date incorrect in your timelines? Approved petitions are valid for four months - it doesn't matter which consulate.

Yeah, it is. I have my approval notice, it says right on it: Valid from 10/11/2006 to 1/10/2007. Maybe i'm a first for the 3 months deal...

Wouldn't hurt to send them an email request to extend it, but sound like they made a typo:

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

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.

Huh, I'll be damned...I'll have to write my lawyer about that. Thanks.

[chuckandkim 0]

I wouldn't worry too much about it!!!! Noone has turned down Visa because of their I-129F expired. Check with everyone here on HCMC's practice. It is TRUE that HCMC ignores this expiration date for the fact that it takes HCMC forever to get moving with the case. Anyone wants to confirm that their interview was scheduled WAY after the expiration date of the I-129F. HCMC automatically extend/renew your I-129F until they schedule your interview.

[kitkat1 5]

I wouldn't worry too much about it!!!! Noone has turned down Visa because of their I-129F expired. Check with everyone here on HCMC's practice. It is TRUE that HCMC ignores this expiration date for the fact that it takes HCMC forever to get moving with the case. Anyone wants to confirm that their interview was scheduled WAY after the expiration date of the I-129F. HCMC automatically extend/renew your I-129F until they schedule your interview.

I remember some strange story here about a person having problems at the POE because the approved I-129F was expired. Makes no sense because they had the K1 visa in hand, but ever since them I've been concerned about it. I actually just emailed my consulate to make sure the date was extended just to be safe. Probably is no big deal but better safe than sorry!!

[Yodrak 7]

ridejewel,

The important thing is that the visa applicant respond to the visa application package sent out by the consulate in a timely fashion. See 9 FAM 41.81 (Fiance(e)s) Notes, N6.1

Yodrak

Has anyone had any troubles with an expired I-129? I wrote my lawyer about it and this is what he said...

The I-129F approval does expire. As you have noted, it expires on 10 January 2007. However, in general, consulates have the power to ignore this if they wish. It is widely understood that some consulates take such a long time to schedule interviews after the approvals are received, that the approval dates must be extended. As long as Ngan has her visa interview before 10 January, I suspect there will be no problem at all.

[dalegg 143]

I"m with Chuck on this. My wife's interview was not until 1 month after the expiration date. I called the HCMC about this and they said not to worry.