K-1 Stuck in NOA2 in Mumbai - help

[neetneet 0]

Hello all -

 

I (US Citizen) filed Form I-129F for my fiance (in India). I applied in Oct 2019, with an NOA2 in late Feb 2020. CEAC shows that the case was created in early March of 2020, and the current status is 'Ready', with the last update being Nov 25, 2020 (though the 'last updated date' has changed several times over the last few months, and I first saw ready back in July). My fiance has not yet received any materials from the Mumbai consulate, and we have called/emailed the support team (US Travel Docs) many times, always just getting the same response that we have to keep waiting.

 

Now, I realized that my NOA2 approval expired back in June 2020, and the 12 month overall validity period will pass after Feb 2021.

 

Can anyone advise on if I have valid cause for concern, or if they've heard of a similar situation, or what steps I can take? 

 

Thanks!

 

@Greenbaum I see you're the resident expert for these kinds of questions, hoping you can help!

Edited December 4, 2020 by neetneet

[milimelo 4,358]

Nothing to worry about. Consular officer will extend validity of approval by default. 

[TBoneTX 43,988]

17 minutes ago, milimelo said:

Consular officer will extend validity of approval by default.

True.  It never hurts, in addition, to write the consulate to specify that you're requesting extension of petition validity.  It's good to have a paper trail in your hands.

[Greenbaum 12,259]

4 hours ago, neetneet said:

Hello all -

 

I (US Citizen) filed Form I-129F for my fiance (in India). I applied in Oct 2019, with an NOA2 in late Feb 2020. CEAC shows that the case was created in early March of 2020, and the current status is 'Ready', with the last update being Nov 25, 2020 (though the 'last updated date' has changed several times over the last few months, and I first saw ready back in July). My fiance has not yet received any materials from the Mumbai consulate, and we have called/emailed the support team (US Travel Docs) many times, always just getting the same response that we have to keep waiting.

 

Now, I realized that my NOA2 approval expired back in June 2020, and the 12 month overall validity period will pass after Feb 2021.

 

Can anyone advise on if I have valid cause for concern, or if they've heard of a similar situation, or what steps I can take? 

 

Thanks!

 

@Greenbaum I see you're the resident expert for these kinds of questions, hoping you can help!

 

 

 

Currently, Mumbi is not adjudicating K-1 visas as they are still closed and only taking emergency visa applicants. I use this website to determine who is open and what are they processing. If your results return 999 they are not processing.

 

U.S. Visas (state.gov)

 

Be prepared to pay a new fee if you go beyond the expiration date of your NOA2. If not, then the embassy will validate your NOA2 to the end as you are within the 4-month window left on your NOA2.

 

Everyone in India is waiting for the embassy to reopen. It's just a fact that you are dealing with. Luckily, your case is "ready" condition, so you are in the front of the line when they reopen. 

 

Also, you may want to be a part of the India conversation in the VJ sub-forum. Go to the blue ribbon above, select "forums" then scroll about three-fourths of the page down and select the region that most represents where your country is located.  

 

Good luck and stay engaged in the process. 

 

Edited December 4, 2020 by Greenbaum

[neetneet 0]

Thanks all! I do hear the point that the consulate extends by default, and I've read that they extend the NOA2/Approval in 4 month increments. I'll reach out to them about that.

 

My concern is that I've read this approval can only be extended for 12 months, and after that 12 months, I have to start the whole petition again from scratch. That's what I'm specifically worried about in this case. Is that not accurate information? Can they extend beyond 12 months? It seems like in this case, its the consulate's closure and lack of processing that has/will push me past the 12 months, and it would be reasonable for the consulate to just extend it. 

 

And Greenbaum, thanks - I will continue to monitor the India regional forum. 

Edited December 4, 2020 by neetneet

[HRQX 4,145]

2 hours ago, neetneet said:

Can they extend beyond 12 months?

"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

[neetneet 0]

Thanks for the find @HRQX! That makes me feel much better. I'll still contact the embassy to ask for the extension. 

[Amit and Linda 2]

Mumbai consulate don't sent any email or packet now a days. You can download the packet 4 from below link.

 

1st step is to get PCC done as this may take a month in India.

2nd, fill DS160 form

3rd, book biometrics and consular appointment.

4th Get your Medical done at least 7 days before your consulate interview.

 

https://in.usembassy.gov/wp-content/uploads/sites/71/MumbaiIVPacket-4-for-Ks-January-2017-Rev.pdf

[neetneet 0]

Thanks Amit. The constant message from the call center is that I need to wait for that email. 
 

Will they not ask for that email or anything when I actually attend the interview? As you can imagine, after the months long COVID delay, I really don’t want to mess something up because of impatience at this stage, so trying to really understand the risks here and what the embassy might bring up. 

[Greenbaum 12,259]

On 12/10/2020 at 11:11 PM, neetneet said:

Thanks Amit. The constant message from the call center is that I need to wait for that email. 
 

Will they not ask for that email or anything when I actually attend the interview? As you can imagine, after the months long COVID delay, I really don’t want to mess something up because of impatience at this stage, so trying to really understand the risks here and what the embassy might bring up. 

Everything that you need for the interview is in the P4 that you were given the link to. Follow the requirements as closely as you can.

 

You may want to become a part of the conversation for your region/country in the VJ sub-forum for your country. Go to the blue ribbon above, select "forums" then scroll about three-fourths of the page down and select the region that most represents where your country is located.  Others from India are there to answer your questions. Good luck and stay engaged in the process. 

 

[neetneet 0]

The Packet 4 doesn't mention anything about bringing the completed I-129F form, is that not needed?

[Greenbaum 12,259]

13 minutes ago, neetneet said:

The Packet 4 doesn't mention anything about bringing the completed I-129F form, is that not needed?

No as they have a copy in their computers. You could provide a copy less the evidence to your beneficiary so they are up to speed on the petitioner's background. 

 

If it is not in the P4 then it is not needed.

Edited December 22, 2020 by Greenbaum