FEBRUARY 2020 K-1 NOA2 to NVC to Embassy

[B and I 0]

On 7/5/2020 at 8:02 PM, Cilllah said:

The Australian government is being so frustrating. The exemption to leave are really frustrating. I have applied and not yet heard back. The flight I put in leaves in less than 24 hours. I have shown proof of canceling everything including where I live and shipping it. As well as my fiances health. Due to this they escalated it to the people who confirm or deny but they said there's no guarantee I will even hear back. Really stressed as I bought our tickets for $800USD and now all tickets seem to be around $3700USD. 

hi there

 

curious to see how your experience went. Did you have any issues upon entry with DHS? Hope it all went well!! 

[Cilllah 487]

Just wanted to touch base and say that I made it into the US yesterday! 29 hours of travel and six airports later. Australian exemption process and the visa process in the US was super easy and I’m glad to be done.

 

Now to relax and adjust (especially my daughter!) for a week or so other than applying for the marriage license and SSN number and then the AOS games begin!

[Greenbaum 12,260]

3 hours ago, Cilllah said:

Just wanted to touch base and say that I made it into the US yesterday! 29 hours of travel and six airports later. Australian exemption process and the visa process in the US was super easy and I’m glad to be done.

 

Now to relax and adjust (especially my daughter!) for a week or so other than applying for the marriage license and SSN number and then the AOS games begin!

Welcome to the USA. I'm glad that you made it without any incidents. Your next steps are in perfect order. Take some time for yourself and then get the ML, SSN and then AOS out of the way. 

[sl1pstream 551]

Is there precedent for a case expiring while at the embassy?

 

If our NOA2 expires in February and the embassy hasn't resumed K1 processing because of the travel ban, do we just start over?

[Just Paul 4,595]

8 minutes ago, sl1pstream said:

Is there precedent for a case expiring while at the embassy?

 

If our NOA2 expires in February and the embassy hasn't resumed K1 processing because of the travel ban, do we just start over?

Consulate will automatically extend it.

[Greenbaum 12,260]

1 hour ago, sl1pstream said:

Is there precedent for a case expiring while at the embassy?

 

If our NOA2 expires in February and the embassy hasn't resumed K1 processing because of the travel ban, do we just start over?

A fiancé visa must be issued within four months from the date of approval of the fiancé petition by USCIS (U.S. Citizenship and Immigration Services). If your appointment is later then the validity date, bring a signed and dated letter from your U.S. fiancé(e) stating that you both remain legally free to marry and that you intend to get married within 90 days of your arrival. E-mail or copies are acceptable.

 

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. 

 

[sl1pstream 551]

27 minutes ago, Greenbaum said:

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. 

 

Oh, I thought I read that it could only be extended up to a year.

Edited July 24, 2020 by sl1pstream

[Greenbaum 12,260]

1 hour ago, sl1pstream said:

Oh, I thought I read that it could only be extended up to a year.

The one-year stipulation is what we have seen. I have not been able to ascertain whether this is true or not but there is a clause, if you read the entire regulation, it states the following, which pretty much sums up the one year.

 

9 FAM 41.81 N6.1 Action When Petition Received (TL:VISA-2; 08-30-1987) Upon the receipt of an approved K-1 visa petition, the post should send a letter to the beneficiary outlining the steps to be taken to apply for a visa. If the initial 4-month validity of a petition has expired without a response to the post’s letter, the consular officer should send a follow-up letter to the beneficiary, with a copy to the petitioner, and request a reply within 60 days. If the 60-day period passes without a response from either party, or, if the response indicates that the couple no longer plans marriage, the case is to be considered abandoned; the petition is to be retained at the post for a period of one year and then destroyed.

[sl1pstream 551]

Interesting. It does say that it requires them to write another letter after 4 months, after which they're required to keep it for another year starting at the end of those 4 months. We'll see when February comes, I guess. I'm not not worried anymore, but there's not a whole lot we can do anyway. I might send them an email as we get closer to the end of the year to see what they say.
I still don't see why they can't follow some other embassies in processing K1 visas despite the travel ban.

[Greenbaum 12,260]

1 hour ago, sl1pstream said:

Interesting. It does say that it requires them to write another letter after 4 months, after which they're required to keep it for another year starting at the end of those 4 months. We'll see when February comes, I guess. I'm not not worried anymore, but there's not a whole lot we can do anyway. I might send them an email as we get closer to the end of the year to see what they say.
I still don't see why they can't follow some other embassies in processing K1 visas despite the travel ban.

They are opening in phases. There are a host of reasons. To name a few embassy personnel went home to the USA to wait out the pandemic. Second reason it is now taking them longer to return. Third not all countries experience the same level of concern/cases of the virus so many will open later than others. There are more but if you were to do a search using the VJ search box up and to the right of this page you'll find more reasons along with current conditions.

 

According to a State Department spokesperson, 97 overseas posts are in Phase I and 35 are in Phase II of reopening. Under Phase I of the department's reopening plan, "Diplomacy Strong," up to 40% of "non-vulnerable employees" may be brought back, and under Phase II, 40% to 80%, according to an overview of the plan.
 
https://www.axios.com/pompeo-coronavirus-state-department-reopening-ec5dc86d-6393-4614-b05f-68d3b5f6ec10.html
 

[sl1pstream 551]

9 minutes ago, Greenbaum said:

They are opening in phases. There are a host of reasons. To name a few embassy personnel went home to the USA to wait out the pandemic. Second reason it is now taking them longer to return. Third not all countries experience the same level of concern/cases of the virus so many will open later than others. There are more but if you were to do a search using the VJ search box up and to the right of this page you'll find more reasons along with current conditions.

 

According to a State Department spokesperson, 97 overseas posts are in Phase I and 35 are in Phase II of reopening. Under Phase I of the department's reopening plan, "Diplomacy Strong," up to 40% of "non-vulnerable employees" may be brought back, and under Phase II, 40% to 80%, according to an overview of the plan.
 
https://www.axios.com/pompeo-coronavirus-state-department-reopening-ec5dc86d-6393-4614-b05f-68d3b5f6ec10.html
 

I mean, ours is open again. The only reason they're not processing K1 visas is the travel ban, which they've confirmed through email. They specifically said that it wasn't because of the backlog but because of presidential proclamation.

[GinaCarterWebster 67]

8 hours ago, Greenbaum said:

A fiancé visa must be issued within four months from the date of approval of the fiancé petition by USCIS (U.S. Citizenship and Immigration Services). If your appointment is later then the validity date, bring a signed and dated letter from your U.S. fiancé(e) stating that you both remain legally free to marry and that you intend to get married within 90 days of your arrival. E-mail or copies are acceptable.

 

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. 

 

I would certainly HOPE that these rules are for the best case scenario and are an exception during this shut down.  Petitions being ignored and expiring during the shut down are not a petitioners fault!

[noname_no 38]

14 hours ago, sl1pstream said:

Interesting. It does say that it requires them to write another letter after 4 months, after which they're required to keep it for another year starting at the end of those 4 months. We'll see when February comes, I guess. I'm not not worried anymore, but there's not a whole lot we can do anyway. I might send them an email as we get closer to the end of the year to see what they say.
I still don't see why they can't follow some other embassies in processing K1 visas despite the travel ban.

The US embassy reply below. Apparently they are authorized to resume K1 BUT......  I'll let you piece the rest.

P.S. There were only 52 K-1 filers + 1 K-2 dependent while students (F, M) have over 1,800 last fiscal year (https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/NIVDetailTables/FY19NIVDetailTable.pdf)

 

"Based on Department of State guidance received worldwide on July 8, 2020, visa services that were suspended worldwide on March 20, 2020, may resume based on local conditions at each post.  What visa categories can be processed varies based on those local conditions.

 

Embassies and consulates worldwide are authorized to resume processing of fiancé(e) or K-1 visas once operating conditions in the country or region are conducive to managing larger groups of applicants.  At this time, based on operating conditions here in Singapore, we have not yet reached that phase.  We understand this is disappointing but we must operate in a safe and responsible way.  We will resume adjudicating all routine immigrant and non-immigrant visa cases only when adequate resources are available and it safe to do so."

 

 

[Greenbaum 12,260]

8 hours ago, Ryceryce said:

The US embassy reply below. Apparently they are authorized to resume K1 BUT......  I'll let you piece the rest.

P.S. There were only 52 K-1 filers + 1 K-2 dependent while students (F, M) have over 1,800 last fiscal year (https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/NIVDetailTables/FY19NIVDetailTable.pdf)

 

"Based on Department of State guidance received worldwide on July 8, 2020, visa services that were suspended worldwide on March 20, 2020, may resume based on local conditions at each post.  What visa categories can be processed varies based on those local conditions.

 

Embassies and consulates worldwide are authorized to resume processing of fiancé(e) or K-1 visas once operating conditions in the country or region are conducive to managing larger groups of applicants.  At this time, based on operating conditions here in Singapore, we have not yet reached that phase.  We understand this is disappointing but we must operate in a safe and responsible way.  We will resume adjudicating all routine immigrant and non-immigrant visa cases only when adequate resources are available and it safe to do so."

The most critical point that was made was "only when adequate resources are available". I see that to mean when all embassy personnel have returned, and they have completed all their tasks (backlog I am sure) then they will proceed with new cases. 

 

Thanks for the post.

[Stringbeans 65]

Hey guys, have you heard the news about the extension of the cancellation of non immigrants through August 28? Some says that the K1 visa is under Non immigrant and the other says it's under of the Immigrant --- because it's one of the form of Immigration. What do you think guys?