Interview goes past priority date...?

[Lozalex 2]

Can someone please advise me of the process if you exceed your priority date?

I have my medical booked for 30th September 15 and my priority date will be up on the 21st October 15. I don't think my interview will be within the 4 month time limit.... Do I have to start the whole K1 visa process again?

Thanks!

[TBoneTX 45,288]

This question is asked frequently. The consulates can (and do) automatically extend petition validity in 4-month increments for as long as a year.

[Nich-Nick 3,354]

London asks for a new letter of intent from the U.S. petitioner if you don't interview before the petition expiration. It is in their letter of instruction (packet 3) to the beneficiary. The new letter is brought to the interview. No problems, delays, or starting over.

[dza 46]

I believe you have to get a visa within the fiscal year

could you please tell me, what do you mean that i should get the visa within the fiscal year

forgive me not knowing what is the fiscal year

i am asking because i am From Egypt, and i know its taking about 3 months to have my interview sometimes 2 months, i believe i will be waiting for my interview starting by first of October, so do you think i should be done with everything before the year is over, i just find your words interested

[KayDeeCee 4,893]

could you please tell me, what do you mean that i should get the visa within the fiscal year

forgive me not knowing what is the fiscal year

i am asking because i am From Egypt, and i know its taking about 3 months to have my interview sometimes 2 months, i believe i will be waiting for my interview starting by first of October, so do you think i should be done with everything before the year is over, i just find your words interested

Pay no attention to that answer. Consulates typically automatically extend the validity, but some have specific procedures to do so, as with the mention of London above. Just email your consulate and ask about your specific situation and the need to extend the I-129F expiration date. They can tell you exactly how it will work for them/you.

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

(CT:VISA-2165; 08-21-2014)

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 (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum. (See 9 FAM 41.81 PN5 for revalidation procedure.)

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

Edited September 10, 2015 by KayDeeCee

[dza 46]

Pay no attention to that answer. Consulates typically automatically extend the validity, but some have specific procedures to do so, as with the mention of London above. Just email your consulate and ask about your specific situation and the need to extend the I-129F expiration date. They can tell you exactly how it will work for them/you.

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

(CT:VISA-2165; 08-21-2014)

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 (while refused under INA 221(g)), the petition should be returned to the approving office of USCIS with an explanatory memorandum. (See 9 FAM 41.81 PN5 for revalidation procedure.)

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

thanks so much for your detailed answer, i hope that when they see last visit for my fiancee to propose to me was in April will be good for them and we filled in February, i think i will have my interview by December, i pray that will be good, and my approval was 26th of august

[KayDeeCee 4,893]

If your approval was in Aug and interview in Dec, then you will probably be fine without even needing the petition validity extended.

[nadjaj 0]

Hi, I'm in a similar situation with my fiance, our 4 month is up on October 3, and he sent in his readiness/medical on September 1 to the London embassy. Is there a specific number or email we are supposed to contact in addition to him just bringing our updated intent to marry page written by me? I'm just concerned that we need it officially extended and I'm having trouble trying to figure out who to contact/what to do.

[Nich-Nick 3,354]

Hi, I'm in a similar situation with my fiance, our 4 month is up on October 3, and he sent in his readiness/medical on September 1 to the London embassy. Is there a specific number or email we are supposed to contact in addition to him just bringing our updated intent to marry page written by me? I'm just concerned that we need it officially extended and I'm having trouble trying to figure out who to contact/what to do.

Nope. No prior permission. Get him to scan a copy of his instruction letter from London so you can read it.. That's where they tell you what to do. Many embassies require nothing and do it automatically. London says bring new letter.

Edited September 16, 2015 by Nich-Nick

[nadjaj 0]

Thanks Nich-Nick. This whole experience with forms, small details, and deadlines just keeps me worrying that there is something I forgot. I really appreciate VJ! We're just waiting to hear back from the embassy about when his interview is, the anticipation of it!

[Nich-Nick 3,354]

Thanks Nich-Nick. This whole experience with forms, small details, and deadlines just keeps me worrying that there is something I forgot. I really appreciate VJ! We're just waiting to hear back from the embassy about when his interview is, the anticipation of it!

Your flag is Ireland. Do you actually live in the UK, so London processing?

[nadjaj 0]

"Alien fiance" is Irish and living in England.

[TBoneTX 45,288]

*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***