Time allowed between when I-129F petition is approved and filing the packet 3 instruction docs

[Girl777 2]

Hi all,

 

We got notification that my I-129F petition is approved and further steps are to prepare documents following Packet3 Instructions. We have some parallel circumstances due to which we  actually want to postpone the process as much as possible, does anyone know where to find information on what is maximum time I can wait between when petition is approved and when I need to file packet 3 documents? I don't want the process to expire but would like to know official deadlines how long I can delay it for . The other problem I have, we dealt with this K 1 visa before and this is second round, first one expired due to me not yet getting my son's permission to move with me and I was stuck in Canada for longer, back 2 years ago with first round for immigration I obtained police clearance from Russia where I lived before Canada ( at that point I already lived in Canada for 16 years) , it was not fun process with local Russian Embassy to get such document etc, now I think it might take longer time to get updated police clearance document due to Covid. Is there a way to find out with officials in US immigration  if they even need updated document ( they want clearance that was done within a year) since logically  if I did not live in Russia for 18 years and I did not travel anywhere other than US since I got that Russian police clearance 2 years ago ( I live in Canada), I wonder if they don't even need this updated document because I have never travelled to Russia since 2002. Can I email to ask those question with the consulate in Montreal before I file K3 packet since K3 packet needs that document and I need to figure out if they need updated one or not?

 

Thanks for help,

Edited February 28, 2021 by Girl777

[payxibka 10,045]

6 minutes ago, Girl777 said:

Hi all,

 

We got notification that my I-129F petition is approved and further steps are to prepare documents following Packet3 Instructions. We have some parallel circumstances due to which we  actually want to postpone the process as much as possible, does anyone know where to find information on what is maximum time I can wait between when petition is approved and when I need to file packet 3 documents? I don't want the process to expire but would like to know official deadlines how long I can delay it for . The other problem I have, we dealt with this K 1 visa before and this is second round, first one expired due to me not yet getting my son's permission to move with me and I was stuck in Canada for longer, back 2 years ago with first round for immigration I obtained police clearance from Russia where I lived before Canada ( at that point I already lived in Canada for 16 years) , it was not fun process with local Russian Embassy to get such document etc, now I think it might take longer time to get updated police clearance document due to Covid. Is there a way to find out with officials in US immigration  if they even need updated document ( they want clearance that was done within a year) since logically  if I did not live in Russia for 18 years and I did not travel anywhere other than US since I got that Russian police clearance 2 years ago ( I live in Canada), I wonder if they don't even need this updated document because I have never travelled to Russia since 2002. Can I email to ask those question with the consulate in Montreal before I file K3 packet since K3 packet needs that document and I need to figure out if they need updated one or not?

 

Thanks for help,

K3?  I don't think so.

 

If you have never been back to Russia,  your PC is still valid

[JeanneAdil 6,510]

She must not mean K3 as that is spouse visa and she clearly says this is her second round for a fiancee visa

[Girl777 2]

Yes, I mean K 1 and K2 ( for my son - dependent), the package is of documents required says

 

[Girl777 2]

Actually, I think I found the answer myself, for PC looks they only need updated CANADIAN one, so I guess I only need advise on # 2 question, how Iong I can wait to file the package if I need to delay the process...would like to see official info rather than rely on some words, maybe someone knows..

[SalishSea 17,836]

50 minutes ago, Girl777 said:

Actually, I think I found the answer myself, for PC looks they only need updated CANADIAN one, so I guess I only need advise on # 2 question, how Iong I can wait to file the package if I need to delay the process...would like to see official info rather than rely on some words, maybe someone knows..

Since K-1s with approved petitions have been waiting over a year for interviews in Montreal, I really don't think you have to do anything to increase the existing delay.

[Girl777 2]

Is that that bad now? Ok, so 1 year is average time  wait when  you go to book appointment in Montreal? Used to be 1-2 months..I guess covid changed things...How much time I have between now ( petition approved - notification came) and filing packet 3 checklist? I am trying to understand deadline. My son needs his passport to be renewed,  so I might need some time to get documents together but trying to understand how much I have. If wait for appointment is indeed one year, I definitely don't need to delay myself...

Edited February 28, 2021 by Girl777

[payxibka 10,045]

32 minutes ago, Girl777 said:

Is that that bad now? Ok, so 1 year is average time  wait when  you go to book appointment in Montreal? Used to be 1-2 months..I guess covid changed things...How much time I have between now ( petition approved - notification came) and filing packet 3 checklist? I am trying to understand deadline. My son needs his passport to be renewed,  so I might need some time to get documents together but trying to understand how much I have. If wait for appointment is indeed one year, I definitely don't need to delay myself...

It will likely be very close to that 

[SalishSea 17,836]

5 hours ago, Girl777 said:

Is that that bad now? Ok, so 1 year is average time  wait when  you go to book appointment in Montreal? Used to be 1-2 months..I guess covid changed things...How much time I have between now ( petition approved - notification came) and filing packet 3 checklist? I am trying to understand deadline. My son needs his passport to be renewed,  so I might need some time to get documents together but trying to understand how much I have. If wait for appointment is indeed one year, I definitely don't need to delay myself...

When was your petition approved?

 

Not sure that "filing packet 3 checklist" is really a thing, but your approved petition will sit at the NVC until requested by Montreal.  Meaning:  until they are ready to interview you.  You are literally in a queue that still includes K-1 hopefuls whose petitions were approved in March of 2020.

[Girl777 2]

The letter I got says that I am not ready for interview yet and first I need to submit all these docs as per attachment, my question is if there is a deadline to submit them which if I don't follow case will get expired, I know after submissions at some point some next step should come which says I am ready to book interview in Montreal but I am not there yet..

Packet3Instructions-K1.pdf

[SteveInBostonI130 3,459]

 

11 hours ago, Girl777 said:

The letter I got says that I am not ready for interview yet and first I need to submit all these docs as per attachment, my question is if there is a deadline to submit them which if I don't follow case will get expired, I know after submissions at some point some next step should come which says I am ready to book interview in Montreal but I am not there yet..

Hello,

 

The instructions state you should mail 3 items - the barcode from a completed DS-160, a copy of the bio page of your passport, and the completed checklist (2nd page).  Note that the checklist is all that is required, not the documents on that checklist.  They are making sure you are ready to present those documents at the interview when it is scheduled.

 

Typically the K1 petition expires 4 months after approval.  Due to Covid, the petitions have been automatically extended until the embassy can schedule an interview.  To be safe, you should respond within 4 months.  You could just send an email asking for more time to get the documents on the checklist ready.  

 

As others have stated, Montreal is backed up over a year for K1.  Even in pre-covid the Montreal embassy was slow -- several months delay for interview openings for K1.

[HRQX 4,145]

https://www.visajourney.com/forums/topic/765022-k3-visa-length-of-process-and-how-to-speed-up/?do=findComment&comment=10475488

On 6/11/2021 at 10:49 AM, payxibka said:

Even if K3/K4s were being issued (which they are not which would require starting over),  they have the same travel restrictions as K1/K2

There are key differences between K3/K4 and K1/K2: https://www.visajourney.com/guides/marriage-visa-comparison/ After the K-3 Visa is approved byt he US Consulate, the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa.

 

See 8 CFR § 245.2(a)(4)(ii)(C): "The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-1 or L-1 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien remains eligible for H or L status, is coming to resume employment with the same employer for whom he or she had previously been authorized to work as an H-1 or L-1 nonimmigrant, and, is in possession of a valid H or L visa (if required). The travel outside of the United States by an applicant for adjustment of status who is not under exclusion, deportation, or removal proceeding and who is in lawful H-4 or L-2 status shall not be deemed an abandonment of the application if the spouse or parent of such alien through whom the H-4 or L-2 status was obtained is maintaining H-1 or L-1 status and the alien remains otherwise eligible for H-4 or L-2 status, and, the alien is in possession of a valid H-4 or L-2 visa (if required). The travel outside of the United States by an applicant for adjustment of status, who is not under exclusion, deportation, or removal proceeding and who is in lawful K-3 or K-4 status shall not be deemed an abandonment of the application if, upon returning to this country, the alien is in possession of a valid K-3 or K-4 visa and remains eligible for K-3 or K-4 status."

Edited June 13, 2021 by HRQX