How to Delay Visa until Custody Case Is Settled? [split topic]

[_Mia_ 348]

Hi guys!

 

I'm hoping some of you might know the answer to this.. Basically I'm in a hell of a custody fight with the father of my son and I'm now trying to fight to either A) get my son with me to the US from the UK or B) at least make sure I have a legal agreement with his father so that I get him the majority of holidays and daily phone contact.. well basically my lawyer told me today that we have to go to court and it will take everything from 6 - 9 month if we start next week. I'm pretty cautious that my NOA2 will most likely come through beginning of August.. and I know that once the application have been approved the Visa is only valid for 6 months.. I'm just scared that I'll still be in the middle of a court trial and wont be able to leave.. so does anyone know if worst case there is a way to extend the 6 months without having to start the whole process all over again? I'm so upset, I thought I'd be finished with this by the time my visa would come through and now we are looking at another 6 months at least if not more..  

[Estibaliz 3,037]

1 minute ago, Mia83 said:

Hi guys!

 

I'm hoping some of you might know the answer to this.. Basically I'm in a hell of a custody fight with the father of my son and I'm now trying to fight to either A) get my son with me to the US from the UK or B) at least make sure I have a legal agreement with his father so that I get him the majority of holidays and daily phone contact.. well basically my lawyer told me today that we have to go to court and it will take everything from 6 - 9 month if we start next week. I'm pretty cautious that my NOA2 will most likely come through beginning of August.. and I know that once the application have been approved the Visa is only valid for 6 months.. I'm just scared that I'll still be in the middle of a court trial and wont be able to leave.. so does anyone know if worst case there is a way to extend the 6 months without having to start the whole process all over again? I'm so upset, I thought I'd be finished with this by the time my visa would come through and now we are looking at another 6 months at least if not more..  

Very sorry to hear that. I don't know if you can extend the visa once it's issued, and hope someone can clarify that, but I do know you can extend your NOA2 prior to that. Apparently NOA2 is valid for 4 months between issued and interview, but you can ask for an extension to the Embassy to have more time to process everything. I've read too that the Embassy can extend it automatically, but I don't know if that's true.

 

Anyway, my thoughts to you is not to stress about the visa since you have already enough to worry about. You still have to get NOA2 and go through NVC. Once your case is ready at the Embassy, see what your situation is and consider the best way to go. Maybe don't rush with the next steps, and also you have the six months after medical to leave. And you can also contact them if necessary to ask about an extension.

 

You've got so far and you are doing great. There will be a solution

[Keith & Monica 986]

44 minutes ago, Mia83 said:

Hi guys!

 

I'm hoping some of you might know the answer to this.. Basically I'm in a hell of a custody fight with the father of my son and I'm now trying to fight to either A) get my son with me to the US from the UK or B) at least make sure I have a legal agreement with his father so that I get him the majority of holidays and daily phone contact.. well basically my lawyer told me today that we have to go to court and it will take everything from 6 - 9 month if we start next week. I'm pretty cautious that my NOA2 will most likely come through beginning of August.. and I know that once the application have been approved the Visa is only valid for 6 months.. I'm just scared that I'll still be in the middle of a court trial and wont be able to leave.. so does anyone know if worst case there is a way to extend the 6 months without having to start the whole process all over again? I'm so upset, I thought I'd be finished with this by the time my visa would come through and now we are looking at another 6 months at least if not more..  

I am not positive on the extension, but the 6 months does not start until the Visa is approved.  I have seen some people talk about an extension, but not sure.  Once the I-129 is sent to NVC and then on to the Consulate, I don't think you have to rush in getting the interview and medical.  I know that it kind of defeats the purpose, but I can completely understand that you want your son with you.  Good luck to you and I am sorry you are going thru that part.

[_Mia_ 348]

16 minutes ago, Keith & Monica said:

I am not positive on the extension, but the 6 months does not start until the Visa is approved.  I have seen some people talk about an extension, but not sure.  Once the I-129 is sent to NVC and then on to the Consulate, I don't think you have to rush in getting the interview and medical.  I know that it kind of defeats the purpose, but I can completely understand that you want your son with you.  Good luck to you and I am sorry you are going thru that part.

Thank you guys so much! . I guess there might be enough time. I was just so set on going asap and my sons dad had said the whole time that I was allowed to bring him, then out of no where changed his mind. I guess if I can go a bit later it will be worth it in the end.

[Wuozopo 4,293]

4 hours ago, Mia83 said:

 I'm pretty cautious that my NOA2 will most likely come through beginning of August.. and I know that once the application have been approved the Visa is only valid for 6 months.. I'm just scared that I'll still be in the middle of a court trial and wont be able to leave.. so does anyone know if worst case there is a way to extend the 6 months without having to start the whole process all over again? I'm so upset, I thought I'd be finished with this by the time my visa would come through and now we are looking at another 6 months at least if not more..  

 

Do your stalling before the visa. Don't attend a medical or make your visa appointment until you have the custody wrapped up. Your NOA2 will have an expiry date of four months, but to extend it London only wants to see a newly written letter of intent from the USC at your interview. You have about a year of stalling. 

 

So going forward.  Don't get on the phone to NVC trying to get your new case number. Waste of your time. That's for people trying to rush the process. Just wait until you get a letter from London saying they have received your case from the NVC.  Submit the online visa application (DS-160) before your NOA2 expiry. You don't have to rush that and do it the day you get the instruction letter from London. Let it slide a couple of months. When you are ready for the visa, make the medical appointment, submit the readiness form online, and choose you visa appointment online.  Take the new letter of intent to the interview and that's it. 

 

Link to K1 instructions from embassy website. https://uk.usembassy.gov/visas/fiancee-2/applying-for-the-visa/

 

Also found in the London embassy FAQs:

I am applying for a K-1 visa, I have heard that I need a letter from my fiancé(e) to reaffirm the petition, what is this?

If the visa interview is scheduled more than 4 months from the date the petition is approved, the applicant is required to provide an original letter from the petitioner, confirming that they both remain legally free to marry and that they intend to do so within 90 days of the applicant’s entry to the United States.  There is no requirement that the letter be notarized.

 

 

 

[Jojo92122 1,924]

If you have not had your visa interview, then stall.  Slow down the paperwork as Wuozopo suggests.

[EandH0904 1,184]

Its 6 months from the date of the medical - note the date of the visa. Your visa will expire four months from the date of your NOA2 as listed on your paperwork so stalling is only going to take so long. You  need a quick court appointment or you may end up having to refile, but your son's welfare is the most important thing. 

[Wuozopo 4,293]

36 minutes ago, EandH0904 said:

Your visa will expire four months from the date of your NOA2 as listed on your paperwork so stalling is only going to take so long. 

 

The visa will not expire four months from NOA2. She probably won't even have a visa interview appointment by then. London will give her plenty of stall time, up to a year to get the visa on her original petition.

[_Mia_ 348]

Thanks guys. I will look more into this. I really appreciate your help and answers.

[AZSunshine78 437]

On 6/9/2017 at 1:19 PM, Wuozopo said:

 

Do your stalling before the visa. Don't attend a medical or make your visa appointment until you have the custody wrapped up. Your NOA2 will have an expiry date of four months, but to extend it London only wants to see a newly written letter of intent from the USC at your interview. You have about a year of stalling. 

 

So going forward.  Don't get on the phone to NVC trying to get your new case number. Waste of your time. That's for people trying to rush the process. Just wait until you get a letter from London saying they have received your case from the NVC.  Submit the online visa application (DS-160) before your NOA2 expiry. You don't have to rush that and do it the day you get the instruction letter from London. Let it slide a couple of months. When you are ready for the visa, make the medical appointment, submit the readiness form online, and choose you visa appointment online.  Take the new letter of intent to the interview and that's it. 

 

Link to K1 instructions from embassy website. https://uk.usembassy.gov/visas/fiancee-2/applying-for-the-visa/

 

Also found in the London embassy FAQs:

I am applying for a K-1 visa, I have heard that I need a letter from my fiancé(e) to reaffirm the petition, what is this?

If the visa interview is scheduled more than 4 months from the date the petition is approved, the applicant is required to provide an original letter from the petitioner, confirming that they both remain legally free to marry and that they intend to do so within 90 days of the applicant’s entry to the United States.  There is no requirement that the letter be notarized.

 

 

 

So the dS 160 has to be submitted before the 4 month time limit but the medical and visa interview can be made after that 4 months or they must be made in the 4 month time limit but it's okay if the actual appointments are outside the 4 months?

 

Did I understand correctly?😁🎉🎉

[AZSunshine78 437]

On 6/9/2017 at 1:19 PM, Wuozopo said:

 

Do your stalling before the visa. Don't attend a medical or make your visa appointment until you have the custody wrapped up. Your NOA2 will have an expiry date of four months, but to extend it London only wants to see a newly written letter of intent from the USC at your interview. You have about a year of stalling. 

 

So going forward.  Don't get on the phone to NVC trying to get your new case number. Waste of your time. That's for people trying to rush the process. Just wait until you get a letter from London saying they have received your case from the NVC.  Submit the online visa application (DS-160) before your NOA2 expiry. You don't have to rush that and do it the day you get the instruction letter from London. Let it slide a couple of months. When you are ready for the visa, make the medical appointment, submit the readiness form online, and choose you visa appointment online.  Take the new letter of intent to the interview and that's it. 

 

Link to K1 instructions from embassy website. https://uk.usembassy.gov/visas/fiancee-2/applying-for-the-visa/

 

Also found in the London embassy FAQs:

I am applying for a K-1 visa, I have heard that I need a letter from my fiancé(e) to reaffirm the petition, what is this?

If the visa interview is scheduled more than 4 months from the date the petition is approved, the applicant is required to provide an original letter from the petitioner, confirming that they both remain legally free to marry and that they intend to do so within 90 days of the applicant’s entry to the United States.  There is no requirement that the letter be notarized.

 

 

 

Nope, I'm still confused. I understand the six months is from the medical. So it wouldn't matter if the visa interview is scheduled after the four month timeframe.  Right?..

 

Is it possible to schedule (make the appointment) for the medical during the four month timeframe for a date to have the actual medical outside of the 4 months?

[Wuozopo 4,293]

5 minutes ago, AZSunshine78 said:

So the dS 160 has to be submitted before the 4 month time limit but the medical and visa interview can be made after that 4 months or they must be made in the 4 month time limit but it's okay if the actual appointments are outside the 4 months?

 

Did I understand correctly?😁🎉🎉

That is my suggestion so they know you haven't abandoned the process. They will think nothing for months, so sending DS-160 several months after they receive the case is not a big deal. It lets them know you are still in the game. Some people have gotten letters from London after 6 months of doing nothing (because they were mixed up and being uber patient and just waiting on a letter that was already sent.) London basically  said---do you want this visa or not?  Send your stuff.  One of my VJ friends got NOA2 in about November and stalled everything until after her graduation from Uni the next spring/early summer. Married in July. 

 

You can also use the contact form (to email) after expiry to say you still want the visa, but have to wait until BLAH BLAH BLAH. You know, keep in touch so they know you didn't abandon the process as some do. I used to have an email from the embassy where they said the petition would be kept active for one year.  You won't need that long. Just get within the six months until discharge (or when he can move) then go on with the medical and interview. 

[Wuozopo 4,293]

32 minutes ago, AZSunshine78 said:

Is  it possible to schedule (make the appointment) for the medical during the four month timeframe for a date to have the actual medical outside of the 4 months?

 

Forgot to answer this. Yes, you can do that but your medical appointment is between you and a private medical practice so I don't see a difference between calling them before or after the 4 months.  Nothing to do with the embassy. They do not have a long wait to get in, just a week in some cases. Not sure how far out they schedule. Somebody posted that but I forgot. Call and ask.

[AZSunshine78 437]

3 minutes ago, Wuozopo said:

 

Forgot to answer this. Yes, you can do that but your medical appointment is between you and a private medical practice so I don't see a difference between calling them before or after the 4 months.  Nothing to do with the embassy. They do not have a long wait to get in, just a week in some cases. Not sure how far out they schedule. Somebody posted that but I forgot. Call and ask.

 I'm going to sleep like a baby tonight. Thank you so much for all of your help today.