Delaying Packet 3 and Interview

[keyto 0]

Hi all,

I received Packet 3 dated 09 September 2013, and I contacted the US Embassy in Singapore to understand there is a 1 year deadline to respond and submit Packet 3 to receive the interview date.

I am advised by the Consular offier whom I have contacted recently, to submit my Packet 3 as soon as possible, and was informed that my peititon has already expired but will be re-validated when I attend my interview. However, I have to delay the interview date as much as I can as I have a contract that could only release me from work earliest End May 2015. I am not sure if this will trigger a red flag on my petition or not and I'm worried about it.

I have calculated that I can only do a medical check up earliest End December 2014 to maximize 6 months of K1 Visa validity. Can anyone advise what I should do in my situation?

Greatly appreciate if someone could see what I am missing , I apologize if this is the wrong section I have posted. Many thanks.

Cheers,

Keyto

[bigjohn7502 0]

Hi all,

I received Packet 3 dated 09 September 2013, and I contacted the US Embassy in Singapore to understand there is a 1 year deadline to respond and submit Packet 3 to receive the interview date.

I am advised by the Consular offier whom I have contacted recently, to submit my Packet 3 as soon as possible, and was informed that my peititon has already expired but will be re-validated when I attend my interview. However, I have to delay the interview date as much as I can as I have a contract that could only release me from work earliest End May 2015. I am not sure if this will trigger a red flag on my petition or not and I'm worried about it.

I have calculated that I can only do a medical check up earliest End December 2014 to maximize 6 months of K1 Visa validity. Can anyone advise what I should do in my situation?

Greatly appreciate if someone could see what I am missing , I apologize if this is the wrong section I have posted. Many thanks.

Cheers,

Keyto

Hello, with the contract in mind, why did you file so early? My fiance is also on contract in Singpore until August 2014 and I filed in November. We just submitted packet 3 because we wanted to wait to insure the validity of the visa would carry through August. She just had her medical done and its only valid through August 31 (only 5 mo validity). I think my timing is going to work out. From what I understand, you can request to extend the validity of your I-129F as many times as you want but the the more times you extend it, they start questioning the seriousness of the relationship. Im sure you will get more feed back on this withen the next couple days. Are you from Singapore?

[keyto 0]

Hi bigjohn7502, really appreciate your reply! Yes I'm from Singapore. Originally our plan was to leave this August 2014 (same as your timing), but my job promised that I will be transferred to San Francisco branch if I serve 1 year with them (which ends next May 2015). I am unsure if I'm making the right decision, was given advise from people (who never petition for K1 before) to ensure job security before going to the States as the market is really bad.

Should I re-prioritize things on my side to get everything worked out?

[kitthekat 1,317]

Hi bigjohn7502, really appreciate your reply! Yes I'm from Singapore. Originally our plan was to leave this August 2014 (same as your timing), but my job promised that I will be transferred to San Francisco branch if I serve 1 year with them (which ends next May 2015). I am unsure if I'm making the right decision, was given advise from people (who never petition for K1 before) to ensure job security before going to the States as the market is really bad. Should I re-prioritize things on my side to get everything worked out?

If your plan is to leave is end May/early June 2015, then, yes, the earliest you should have your medical is December 2014. You should get your fiance to email the IV unit in Singapore to explain the change in plans/timing and ask if they are able to hold off processing till December 2014 so that they don't take it to mean there has been no action/response from either of you and send back the petition to USCIS.

As to whether you should reprioritize things, nobody can answer that except you. Personally, I would *love* to have a job offer on hand already, but unless it is written in black and white and contractual, then a verbal promise may or may not pan out. Don't forget that with a K1, you won't be able to work until you have your EAD in hand. Usually that means about 2-3 months of downtime - is your company willing to work around that?

From: http://www.state.gov/documents/organization/87391.pdf

9 FAM 41.81 N6.2 Validity of a K-1 Petition

(CT:VISA-1547; 09-27-2010)

An approved K-1 visa petition is valid for a period of four months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, including instances where no action has been taken on the application for a year, the petition should be returned to the approving office of USCIS with an explanatory memorandum. (See 9 FAM 41.81 PN7 for revalidation procedure.)

[Darnell 8,478]

here's something fun -

after the visa is issued, after the interview date,

usually you have 6 months from the medical exam date on visa duration of validity,

so that's 6 months extra that you have, roughly, to transit into the USA.

refactor your plan, soonish.

OTOH, what's the worst possible thing that will happen when you give notice to terminate the work contract?

[Darnell 8,478]

Hi bigjohn7502, really appreciate your reply! Yes I'm from Singapore. Originally our plan was to leave this August 2014 (same as your timing), but my job promised that I will be transferred to San Francisco branch if I serve 1 year with them (which ends next May 2015). I am unsure if I'm making the right decision, was given advise from people (who never petition for K1 before) to ensure job security before going to the States as the market is really bad. Should I re-prioritize things on my side to get everything worked out?

as a K-1 visa holder,

is impossible to work in USA without an EAD card or a greencard.

To chase either/both, you must file the big adjustment of status case with USCIS,

and yer going wait at least 90 days after filing for the EAD card,

so

factor 4 to 6 months from the date you hit USA soil to the date you could actually work, legally, for the San Francisco branch.