Question Please help

[salodonoso1 0]

I was wondering if anyone here can help me with my situation. I have applied for a k1 visa, I received an approval and everything. Unfortunately my girlfriend's mom has gotten sick in the past months and has progressively been getting worst. Due to these circumstances I felt it was better for my girlfriend to stay with her mother while she gets better. That being said, I have my application approved and in the process of trying to select and interview date. I was wondering what I can do? Would I be able to apply again or is there an easier process or what can I do? My girlfriend is from Mexico, would this make it harder or easier to try and do this process again? Can someone give me some advise?  

[EandH0904 1,184]

Her visa would be good for 6 months from the date of her medical exam - if her mother's prognosis that it would take longer than 6 months, I would suggest that perhaps you push the date of the interview/medical as far as possible to give her more time. If she gets approved and 6 months and still needs to be with her mother, sure you could do it all over again if you really wanted to. 

[geowrian 22,337]

1 hour ago, salodonoso1 said:

I have applied for a k1 visa, I received an approval and everything.

To be more clear, it sounds like you filed an I-129F petition and had that approved. It does not sound like anybody filed for the K-1 visa yet.

 

The I-129F's approval is valid for 4 months initially, and you can request that the embassy extends it. Typically they will extend it for up to a year (plus any time they need for additional processing after the interview), in intervals. The visa itself is valid for 6 months from the medical or the interview...whichever is sooner. So in theory, there's close to 1.5 years you can delay entry into the US after the I-129F is approved.

 

Worst case is the petition expires and you can start over again. Or, if you discover the delay is really going to be over a year or so, why not just get married and file an I-130 to go for a spousal visa (CR-1/IR-1)?

[salodonoso1 0]

So I would need to contact the embassy in Mexico and ask them to extend my interview date? 

[geowrian 22,337]

14 minutes ago, salodonoso1 said:

So I would need to contact the embassy in Mexico and ask them to extend my interview date? 

I'll see what I can do to explain my take...

1. If she will enter within ~10 months from NOA2, then no action is needed. The NOA2 is valid for 4 months and the visa is valid for 6 months from the medical. Just schedule the interview and do the medical towards the end of the NOA2's expiration.
   • If the embassy schedules the interview for you, then ask to reschedule in this period.
2. If she will enter between 10 and 18 months, then you can request that the embassy extends the NOA2. They typically will do this for up to a year. Do the medical and interview toward the end of this NOA2's (extended) expiration.
3. If she will enter in 12 months or longer, getting married and filing an I-130 for a CR-1 visa (withdrawing the I-129F) may be best.

If option #1's timeframe isn't possible then option #3 would likely be the best overall. It may be a few months longer, but the advantages of a CR-1 over K-1 are significant to more than offset it IMO (still cheaper than K-1 + AOS, permits work and travel abroad right away, no AOS needed, etc.). It's at least something to consider.