I-797 Expiration date

[Sarah&Facundo 603]

Hello,

If the date on the I-797 has already expired, does that mean the whole process has expired? Or just that particular form has expired? If the expiration date doesn't matter, IS there in fact an expiration date on this process?

 

Background: My fiance is from Argentina. We filed in late 2016 and were approved very quickly, much quicker than we had anticipated looking at the timelines here. We received the Noa2 only 2 weeks after the Noa1. We made a lot of travel plans and thought we had time. Anyway, we traveled all over the world and we still have a European trip planned before he enters on the k1 visa. We wanted to do the traveling now since we would probably have to wait a year before he receives his green card and can leave again. We were looking at the forms the other night and noticed an expiration of 3/8/17 on our I-797 form. We completely freaked out. Did we just mess up big time? OR is this a non-issue?

 

Thank you,

Sarah

[geowrian 22,338]

1. The initial approval is valid for 4 months. The embassy can extend this if the case is still being worked on. Have you scheduled the interview or taken any action on the case since approval? If so, the embassy probably extended the petition's validity for you. The only way to really know for sure is to contact the embassy.
2. If the petition did expire and you don't have the visa yet, then you will need to start the process over.
3. If you have the visa (and the visa is not expired), then the petition's expiration doesn't matter.
4. Why would he need to wait a year to travel anywhere? Once he enters on a K-1, he has 90 days to marry then needs to file for AOS. He can (and it is highly recommended to do so) also file for AP and EAD. ETA: 3-4 months. AP will let him travel abroad for short trips. The EAD will let him work. He doesn't need to wait for the actual green card approval for these activities...just AP/EAD.

[Sarah&Facundo 603]

9 minutes ago, geowrian said:

1. The initial approval is valid for 4 months. The embassy can extend this if the case is still being worked on. Have you scheduled the interview or taken any action on the case since approval? If so, the embassy probably extended the petition's validity for you. The only way to really know for sure is to contact the embassy.
2. If the petition did expire and you don't have the visa yet, then you will need to start the process over.
3. If you have the visa (and the visa is not expired), then the petition's expiration doesn't matter.
4. Why would he need to wait a year to travel anywhere? Once he enters on a K-1, he has 90 days to marry then needs to file for AOS. He can (and it is highly recommended to do so) also file for AP and EAD. ETA: 3-4 months. AP will let him travel abroad for short trips. The EAD will let him work. He doesn't need to wait for the actual green card approval for these activities...just AP/EAD.

We have been trying to contact the embassy for weeks now but nobody responds, so it is really frustrating. I'm HOPING it was extended. Everything was approved and the US embassy in Argentina received our information in late December but we haven't scheduled the interview. He was getting his shots the last few months, but we didn't do the medical. He actually doesn't want to move until early 2018 because he wants to have enough money to support himself without relying on me in case he can't find a job after getting the EAD. I make a lot more than the poverty line and we don't need a sponsor, but he just doesn't want to take any money from me.

 

I thought AP was just in emergency situations. I really thought he needed the green card to travel.

[geowrian 22,338]

4 minutes ago, Sarah&Facundo said:

We have been trying to contact the embassy for weeks now but nobody responds, so it is really frustrating. I'm HOPING it was extended. Everything was approved and the US embassy in Argentina received our information in late December but we haven't scheduled the interview. He was getting his shots the last few months, but we didn't do the medical. He actually doesn't want to move until early 2018 because he wants to have enough money to support himself without relying on me in case he can't find a job after getting the EAD. I make a lot more than the poverty line and we don't need a sponsor, but he just doesn't want to take any money from me.

 

I thought AP was just in emergency situations. I really thought he needed the green card to travel.

Only the embassy will be able to tell you the current status of the petition's expiration. Good luck!

 

If you were approved in 2016, then delaying things until 2018 may be a bit difficult. Keep in mind the actual visa is valid for 6 months from the medical or the interview - whichever comes first. So you can buy yourself some time that way, too.

 

AP with a pending AOS application doesn't need to be an emergency.

[Astari dewi 0]

So today i get the email about my Interview date, and i get Interview date on December 5, 2019 next month.

 

But me and my fiance confused and want to make sure some stuff. So according to my I-797 Notice Of Action valid from 08/01/2019 to 11/30/2019.

And according to my form I-129F valid date expired will be on 11/30/2019.

 

So my question is:

1. Do i still good to go for my Interview in December 5, 2019?

2. And do Interview date schedule based on valid date on my I-797 Notice of Action or my I-129F. expires date?

[Pitaya 2,577]

53 minutes ago, Astari dewi said:

So today i get the email about my Interview date, and i get Interview date on December 5, 2019 next month.

 

But me and my fiance confused and want to make sure some stuff. So according to my I-797 Notice Of Action valid from 08/01/2019 to 11/30/2019.

And according to my form I-129F valid date expired will be on 11/30/2019.

 

So my question is:

1. Do i still good to go for my Interview in December 5, 2019? Yes, double check with interviewing embassy/consulate to be certain.

2. And do Interview date schedule based on valid date on my I-797 Notice of Action or my I-129F. expires date? Does it matter if the CO can automatically extend the approved petition expiration if the processing has not been completed? Refer to FAQs for details. It is likely based on their workload. 

  You really had to search to find a 2-year old stale thread asking about expiration date embassy/consular extensions for approved K1 visa petitions !! You really went through a lot of extra work. Here is a similar-themed thread in this same  forum from last Friday, just 3 days ago, with the same response from the same Department of State Frequently Asked Questions (FAQS) [link provided at bottom of posting]:

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

It helps everyone that uses or is helped by the VJ forum.

Good luck on your immigration journey.

Edited November 12, 2019 by Pitaya

[Astari dewi 0]

So is it mean that the embassy already extended my petition? so that's why they give me Interview date next month

[Ontarkie 14,707]

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