Delaying K1 Issuance

[gjrhopkins 0]

I know this may sound crazy to those who have waited 6-8 months for NOA2, but recently I've seen a few people (especially from the UK) with only 2 months or less between NOA1 and NOA2.

We are sending the petition off in 1-2 weeks (before my fiance moves to France until April and therefore bypass a few logistical problems). However, I can't move to the US until next October (2015)

If the NOA2 came back in November-January time, would I be able to delay an interview until April - either by not submitting my readiness for interview or requesting a later date - as from my understanding, I must move to the US within 6 months of the issuance of the K1 visa. Or would I be able to apply for an extension to this?

Thanks!

[Girl from Celebes 588]

I know this may sound crazy to those who have waited 6-8 months for NOA2, but recently I've seen a few people (especially from the UK) with only 2 months or less between NOA1 and NOA2.

We are sending the petition off in 1-2 weeks (before my fiance moves to France until April and therefore bypass a few logistical problems). However, I can't move to the US until next October (2015)

If the NOA2 came back in November-January time, would I be able to delay an interview until April - either by not submitting my readiness for interview or requesting a later date - as from my understanding, I must move to the US within 6 months of the issuance of the K1 visa. Or would I be able to apply for an extension to this?

Thanks!

I had to delay my K-1 visa processing as well for hectic scheduled's reason. I believe you can't ask extension for visa. Take a look this thread: http://www.visajourney.com/forums/topic/258949-extending-a-k1-visa/

Anyhow, if you are worried about you can't move until October next year, why you just delay to file the petition?

Edited September 3, 2014 by Girl from Celebes

[landr 126]

As you've probably read in the London guide, London needs three things before they will schedule an interview date for you: completed DS-160, completed online readiness form and completed medical. Once you get the letter from London saying that they have received an approved petition for you, just delay one of the three items until you're ready, e.g., readiness form, as you mentioned. And yes, you can request a later date via their online contact form. I believe they will try to accommodate you, but there are no guarantees.

The expiration date on the visa is six months from the date of your medical and not six months from the date of visa issuance, so timing of your medical and likely departure date are important. I wouldn't leave it until the last day before flying to the US - flight delays can and do occur.

All that said, there are a number of factors at play here. Unfortunately, there's no guarantee that you will zip through to NOA1 then NOA2 quickly. Be prepared for a long wait so that you don't set your expectations too high. A lot can happen between sending in your petition and the visa issuance.

Good luck!

[gjrhopkins 0]

Thanks for the help!

Girl from Celebes - The reasons we want to do it earlier are because petitioning from France would involve so much more hassle in terms of sending it from a foreign country, payment in a foreign country - and it would involve French bureaucracy which is never easy.

Also if the time between NOA1 and NOA2 is as I thought it is going to be, then going in October 2015 would be no issue.

Thanks landr. In my case I think that a normal 4-6 months between NOA1 and NOA2 would not really be a problem! I just got a bit nervous when I saw that a few people were getting it all done within 4 months!

Thanks for the info about the medical - thought it was from date of visa issuance - that's really useful.

[d3adc0d3 186]

Even between NoA1 and NoA2 being quick doesn't mean you'll get an interview right away, or your medical appointment right away.

My fiance and I took almost a full year after the NoA2 to get everything together, granted he's in Argentina. From my experience, as long as you update the embassy and keep them in the loop, letting them know you are still interested in the K1 visa, but things are taking a while, they will work with you.

[Nich-Nick 3,354]

What Landr said.

There is an expiration on your petition approval--4 months. London's letter of instruction was asking for a new letter of intent from the petitioner if you don't interview before your petition expires. Easy enough for you to get and take to the interview. Several recently have said they were past their expiration, took a letter, but were never asked about it. When you get your version of the London instruction letter (aka Packet 3) see if they are still asking for a new letter of intent to revalidate an expired petition. You may need one if you have to stall your timeline.

[d3adc0d3 186]

You can officially request to have your petition extended, but most consulates will do so for you, up to 1 year. I know in Argentina, they told me that if they hear nothing from us within 1 year of them receiving our case, they'll close it.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#11

So I hope that helps, we were worried about it expiring too.

[Nich-Nick 3,354]

You can officially request to have your petition extended, but most consulates will do so for you, up to 1 year. I know in Argentina, they told me that if they hear nothing from us within 1 year of them receiving our case, they'll close it.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#11

So I hope that helps, we were worried about it expiring too.

Her consulate London specifically gives the written instruction to bring a new beneficiary letter of intent to the interview and all is well. Easy. No worries. After NOA2, K1s need to follow the procedure of their consulate. Each can have different ways to get to the desired outcome---a visa in hand.

[Al422 221]

Technically your NOA2 expires in 4 months. Usually they will extend it for you, but don't assume they will do it automatically. If you want to be sure you need to ask and give good reason.

[chiggins82 88]

I am in this boat too. I planned for an ~ 5 month wait for NOA2 and got it in a month... I contacted the consulate once I had packet three and they said they it was OK if my interview was after the date of validity and that they would extend it. They told me that they generally do this automatically, but advised that I contact them around that date again to tell them to extend the date and that I was still actively pursuing the visa. This is what happened for me in Canada, but sounds like it's similar in UK.

Remember that you have six months to use the visa once you have it, so there is some buffer time if things move faster than you expected.

Once you file the I-129F it could take days or months.

Once you have NOA2 they expect you to be booking an interview within that 4 month period

Once you have the visa, you have 6 months to use it

You never know how fast or slow things will move... In the end it could change at any time... but you could stretch out the packet 3, medical, interview and moving to take 8-10 months even if you got you NOA2 in a month or two.

[sma1488 155]

Thanks for the help!

Girl from Celebes - The reasons we want to do it earlier are because petitioning from France would involve so much more hassle in terms of sending it from a foreign country, payment in a foreign country - and it would involve French bureaucracy which is never easy.

Also if the time between NOA1 and NOA2 is as I thought it is going to be, then going in October 2015 would be no issue.

Thanks landr. In my case I think that a normal 4-6 months between NOA1 and NOA2 would not really be a problem! I just got a bit nervous when I saw that a few people were getting it all done within 4 months!

Thanks for the info about the medical - thought it was from date of visa issuance - that's really useful.

Sending the I-129F petition from France has nothing to do with the French government. The petitioner (USC) sends the same paperwork regardless...the only difference is having to use an international courier service and needing some way to pay from a US bank account (but you could just take a blank check when departing the US).

I would be more worried about your fiancé (presumably the USC) not generating enough income in the US to be able to meet the I-134/864 requirements down the road by living outside the US.

[gjrhopkins 0]

Thanks for the help guys - sounds like it won't be a problem with the London embassy.

SMA1488 - no it has nothing to do with the French government, but everything is harder to do in France - from the postal service to tracking down an international courier - having lived there myself, I know that so much hassle would be avoided doing it from the US.

Why would I be worried if I have a joint sponor?

[sma1488 155]

If you mentioned that you had a joint sponsor in this thread, I must have missed it. And as for courier companies in France, I've never been there, but I can't imagine they'd be THAT hard to find. But I'll trust your judgment on that. Good luck!

[kehills 217]

Chiming in: Sydney Consulate just asked that my intent to marry my Aussie fiancé be refiled with them to extend another four months, and that it be notarized. (We had to delay for travel and academic reasons.)

[LiliBurd 85]

I am in this boat too. I planned for an ~ 5 month wait for NOA2 and got it in a month... I contacted the consulate once I had packet three and they said they it was OK if my interview was after the date of validity and that they would extend it. They told me that they generally do this automatically, but advised that I contact them around that date again to tell them to extend the date and that I was still actively pursuing the visa. This is what happened for me in Canada, but sounds like it's similar in UK.

Remember that you have six months to use the visa once you have it, so there is some buffer time if things move faster than you expected.

Once you file the I-129F it could take days or months.

Once you have NOA2 they expect you to be booking an interview within that 4 month period

Once you have the visa, you have 6 months to use it

You never know how fast or slow things will move... In the end it could change at any time... but you could stretch out the packet 3, medical, interview and moving to take 8-10 months even if you got you NOA2 in a month or two.

Was this the consulate in Vancouver or Montreal? Just curious because we are kind of in the same situation... I live in Montreal.