NOA2 expiration

[Yzabelle 741]

Hi everyone! Asking for a friend..

this is her case, they filed their petition SEPTEMBER 2015, got an approval on DECEMBER 2015.. They couldn't proceed for the next step yet because of financial problems so they just decided to do it later.. She paid her Visa last December 2016, 1 year after their approval.. She planned on going to her medical last FEBRUARY 2017, But she found out she has a PTB, So she decided to cancel the medical yet and go through the medication for 6 months. Now she's planning to have her medical next month already.. Her problem is if the NOA2 Is still valid? Do you think it's still valid? What does she need to do if it's not valid anymore? Thank you so much! We appreciate any answers from you😊

[Scandi 4,178]

You don't even say what type of petition and visa it was.. If it's a K-1 visa then no, they need to start over. The petition has expired.

Edited August 7, 2017 by Scandi

[geowrian 22,338]

The NOA2 is initially valid for 4 months. The embassy can renew this automatically or by request. The only way to really know the current status and expiration is to contact the embassy. Normally it's not an issue, but almost 2 years have passed so she should check before proceeding.

 

If it's still valid, then she can proceed normally. She may also want to confirm that the visa payment is still valid...I think some embassies only have it valid for a fixed period.

 

If it's not valid anymore, then you must start the process over. The petition establishes the relationship between the petitioner and the beneficiary for the purposes of obtaining a visa. If that's no longer valid, then the relationship must be reestablished. If you file an I-129F for the same person within 2 years (Sept. 2017), and the previous I-129F was approved, then you must file a multiple filer waiver. The same goes if you have ever filed an I-129F for 2 other beneficiaries.

 

1 minute ago, Scandi said:

You don't even say what type of petition and visa it was..

Good point. I assumed an I-129F above based on their timeline. But it's for a friend, so that may not be accurate.

Edited August 7, 2017 by geowrian

[Scandi 4,178]

2 minutes ago, geowrian said:

 

Good point. I assumed K-1 above based on their timeline.

Yeah but they were asking for a friend so I assume the timeline is their and not their friends'. 

Edited August 7, 2017 by Scandi

[geowrian 22,338]

Just now, Scandi said:

Yeah but they were asking for a friend so I assume the timeline is their and not their friends'. 

I hit Save a few seconds too soon. See my edit.

[Scandi 4,178]

From my understanding you can only extend the validity of the i-129f for up to 1 year, 4 months at a time. I don't know whatcountry this friend is from so it's harder to know if that specific embassy actually extends it automatically or not. Even so, if it is in fact 1 year at the most then it's way too late now anyway.

[Yzabelle 741]

1 hour ago, Scandi said:

You don't even say what type of petition and visa it was.. If it's a K-1 visa then no, they need to start over. The petition has expired.

I'm sorry, it was for k1..  They have to send another packet again?

[Yzabelle 741]

My friend is from the Philippines. And they filed k1..

[geowrian 22,338]

Just now, Yzabelle said:

My friend is from the Philippines. And they filed k1..

USEM typically automatically renews the I-129F's validity for 1 year. Your friend should reach out the the embassy to confirm the status, but they likely need to start over.

[Yzabelle 741]

 

 

1 hour ago, Scandi said:

From my understanding you can only extend the validity of the i-129f for up to 1 year, 4 months at a time. I don't know whatcountry this friend is from so it's harder to know if that specific embassy actually extends it automatically or not. Even so, if it is in fact 1 year at the most then it's way too late now anyway.

 

1 hour ago, geowrian said:

The NOA2 is initially valid for 4 months. The embassy can renew this automatically or by request. The only way to really know the current status and expiration is to contact the embassy. Normally it's not an issue, but almost 2 years have passed so she should check before proceeding.

 

If it's still valid, then she can proceed normally. She may also want to confirm that the visa payment is still valid...I think some embassies only have it valid for a fixed period.

 

If it's not valid anymore, then you must start the process over. The petition establishes the relationship between the petitioner and the beneficiary for the purposes of obtaining a visa. If that's no longer valid, then the relationship must be reestablished. If you file an I-129F for the same person within 2 years (Sept. 2017), and the previous I-129F was approved, then you must file a multiple filer waiver. The same goes if you have ever filed an I-129F for 2 other beneficiaries.

 

Good point. I assumed an I-129F above based on their timeline. But it's for a friend, so that may not be accurate.

 

6 minutes ago, geowrian said:

USEM typically automatically renews the I-129F's validity for 1 year. Your friend should reach out the the embassy to confirm the status, but they likely need to start over.

Thank you! I'm going to let her know about this.. She even paid for the visa fee last December 2016. :/ 

[Yzabelle 741]

 

 

1 hour ago, Scandi said:

From my understanding you can only extend the validity of the i-129f for up to 1 year, 4 months at a time. I don't know whatcountry this friend is from so it's harder to know if that specific embassy actually extends it automatically or not. Even so, if it is in fact 1 year at the most then it's way too late now anyway.

 

1 hour ago, geowrian said:

The NOA2 is initially valid for 4 months. The embassy can renew this automatically or by request. The only way to really know the current status and expiration is to contact the embassy. Normally it's not an issue, but almost 2 years have passed so she should check before proceeding.

 

If it's still valid, then she can proceed normally. She may also want to confirm that the visa payment is still valid...I think some embassies only have it valid for a fixed period.

 

If it's not valid anymore, then you must start the process over. The petition establishes the relationship between the petitioner and the beneficiary for the purposes of obtaining a visa. If that's no longer valid, then the relationship must be reestablished. If you file an I-129F for the same person within 2 years (Sept. 2017), and the previous I-129F was approved, then you must file a multiple filer waiver. The same goes if you have ever filed an I-129F for 2 other beneficiaries.

 

Good point. I assumed an I-129F above based on their timeline. But it's for a friend, so that may not be accurate.

 

6 minutes ago, geowrian said:

USEM typically automatically renews the I-129F's validity for 1 year. Your friend should reach out the the embassy to confirm the status, but they likely need to start over.

Thank you! I'm going to let her know about this.. She even paid for the visa fee last December 2016. :/ 

[Scandi 4,178]

13 minutes ago, Yzabelle said:

 

 

 

 

Thank you! I'm going to let her know about this.. She even paid for the visa fee last December 2016. :/ 

Like geowrian said, she should at least contact the embassy about it to make 100% sure that it's expired and that she needs to start over. Who knows, maybe she's super lucky and the embassy can help out somehow, though I doubt it. It's always worth a try either way, doesn't cost anything.