K1 Visa Approval extension

[rdm0141 0]

So like many other due to COVID the NVC has yet to contact us as the US Embassy in Peru is currently not processing visas. Our approval notice expires 11/05/2020 and I am not quite sure what to do to get it extended. I tried calling the USCIS but it is impossible to talk to a real person now. I sent a question on their website asking to extend it but I have no clue if that is what I need to do. Can someone please help me so I can extend it properly. Thank you!

[payxibka 10,047]

48 minutes ago, rdm0141 said:

So like many other due to COVID the NVC has yet to contact us as the US Embassy in Peru is currently not processing visas. Our approval notice expires 11/05/2020 and I am not quite sure what to do to get it extended. I tried calling the USCIS but it is impossible to talk to a real person now. I sent a question on their website asking to extend it but I have no clue if that is what I need to do. Can someone please help me so I can extend it properly. Thank you!

USCIS had nothing more to do with the petition,  so that is the wrong place to call.

 

The consulate can extend the petition validity for up to one year and is often extended on the interview day.  

 

Nothing to be done until the petition leaves NVC and your petition gets on station

[NoMansLand2020 298]

2 hours ago, payxibka said:

USCIS had nothing more to do with the petition,  so that is the wrong place to call.

 

The consulate can extend the petition validity for up to one year and is often extended on the interview day.  

 

Nothing to be done until the petition leaves NVC and your petition gets on station

It can be extended indefinitely if needed.. Not only one year. 

[Just Paul 4,595]

You have to remain in contact with the consulate otherwise it will expire in CEAC.

[ODJD 4]

We are in the same situation, with it at the embassy as of March 2020 (expired in May 2020).

We emailed the embassy a new letter saying that we still intend to marry and pursue the visa. Though this was a safety precaution, as I’ve read elsewhere all that is necessary is a new letter to bring to the actual interview. I will say that our case was updated after we sent the email on CEAC but I don’t know if it was because of the email. 
 

Hang in and let’s stick together! Not much is being said about Peru, it seems. It’s nice to hear someone else is out there (though that probably sounds silly).

[Greenbaum 12,259]

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. If your case is still with NVC then you need to wait for it to be sent to the embassy. Once the embassy has the file you can then extend it. The best answer to your question would be found on the embassy's website. Refer to it for any explanations and or process's. 

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. 

Edited October 20, 2020 by Greenbaum

[Letspaintcookies 2,310]

19 hours ago, NoMansLand2020 said:

It can be extended indefinitely if needed.. Not only one year. 

Do you have a source for this? That would be super interesting 

[NoMansLand2020 298]

51 minutes ago, Letspaintcookies said:

Do you have a source for this? That would be super interesting 

"(b)  (U) Validity of a K-1 Petition:  An approved K-1 visa petition is valid for a period of four months from the date of USCIS action.  However, the consular officer may revalidate the petition 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"

 

https://fam.state.gov/fam/09FAM/09FAM050207.html

[Greenbaum 12,259]

13 hours ago, NoMansLand2020 said:

"(b)  (U) Validity of a K-1 Petition:  An approved K-1 visa petition is valid for a period of four months from the date of USCIS action.  However, the consular officer may revalidate the petition 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"

 

https://fam.state.gov/fam/09FAM/09FAM050207.html

Even thou the instructions gives the leeway to the CO to extend the validity it can be interpreted that there is an end date and that is when the CO concludes that the couple no longer are active and therefore the file gets returned to USCIS to die. I have never heard anyone's application being extended beyond one year but there may be an exception. I am not sure that it will be indefinite as you have purposed.

[NoMansLand2020 298]

4 hours ago, Greenbaum said:

Even thou the instructions gives the leeway to the CO to extend the validity it can be interpreted that there is an end date and that is when the CO concludes that the couple no longer are active and therefore the file gets returned to USCIS to die. I have never heard anyone's application being extended beyond one year but there may be an exception. I am not sure that it will be indefinite as you have purposed.

So for all those who received NOA2 early this year and didn't get a chance to get an interview because of lockdowns, like those in the Philippines... You are saying at the one year mark they will have to refile? I doubt the Philippines will start processing K1 before mid next year 

[payxibka 10,047]

17 minutes ago, NoMansLand2020 said:

So for all those who received NOA2 early this year and didn't get a chance to get an interview because of lockdowns, like those in the Philippines... You are saying at the one year mark they will have to refile? I doubt the Philippines will start processing K1 before mid next year 

We are in uncharted territory but I would fully expect they would be revalidated upon confirmation that both parties are still free to marry and still intend to get married within 90 days of entry

[Greenbaum 12,259]

1 hour ago, NoMansLand2020 said:

So, for all those who received NOA2 early this year and didn't get a chance to get an interview because of lockdowns, like those in the Philippines... You are saying at the one-year mark they will have to refile? I doubt the Philippines will start processing K1 before mid-next year 

I am saying that in normal times, which we are not, you would have up to a year before it has expired. We are in a different world when it comes to the pandemic and how it has affected the visa process. It's my belief that there will be a lot of leeway exercised for the NOA2 expiration. Frankly I wouldn't worry about it as there are a "boat load" of people that are waking the same mile as you.

[OlgaA 67]

Hello, everyone! We have got our Noa2 in March,5 and they sent our case to Poland embassy, in July it was 4 months,so we wrote to embassy and they told to send a letter intend to marry to prolong our case, we sent it but then they answered that they don't need this intend to marry, just told to bring it to the interview, so it means they won't cancel our case during covid restrictions! The only thing to worry about is how long it will take to wait.