validity of I-129 petition

[neel06 0]

Friends I received the NOA2 for my I-130 and I-129. On the I-129 it states that the approval is valid from july 31st 2007-nov 31st 2007. does this mean that they have to schedule my interview within this time frame? also on my I-130 it states that- the uscis assumes my spouse is here and will do adjustment of status. the adjustment of status part is right but he's not here....hmmm

anyway...thanks in advance for your advice

[Gaby&Talbert 1]

Your I-130 says that because you he will come her on a K-3 and then once here will file for AOS.

[soni1952 0]

Friends I received the NOA2 for my I-130 and I-129. On the I-129 it states that the approval is valid from july 31st 2007-nov 31st 2007. does this mean that they have to schedule my interview within this time frame? also on my I-130 it states that- the uscis assumes my spouse is here and will do adjustment of status. the adjustment of status part is right but he's not here....hmmm

anyway...thanks in advance for your advice

neel,

dont worry. same is in my case. actualy my validity of 129F expires 3 days b4 the interview. I just emailed mumbai office and they said do not worry. Hopefully your interview date will come soon

[neel06 0]

thanks.

[misa 2]

Nope, they don't have to schedule your case before the I-129F approval expires. The consulate does need to receive it before the expiration date and you do have to respond to any of their requests (i.e., packet 3) before that expiration date.

[pushbrk 13,116]

Nope, they don't have to schedule your case before the I-129F approval expires. The consulate does need to receive it before the expiration date and you do have to respond to any of their requests (i.e., packet 3) before that expiration date.

Actually, the expiration date is meaningless unless the Consulate decides to recommend denial. The date can be extended multiple times at a Consular officer's sole disgression and they do so as a matter of routine.

Absolutely nothing has to happen by that expiration date. You could get stuck in a name check hell after your petition gets to NVC and take a year or more after approval to get to the Consulate. If so, the expiration date will still mean nothing unless they give you a notice of intent to deny. What then sometimes happens is the USCIS uses the expiration date to avoid ruling. The just use their discression and don't extend the expiration.

[misa 2]

Yes, I should have said that the extension is at the discretion of the consulate. Thanks for pointing out the the situation if someone gets held up at the NVC.

However, what if someone does not respond to packet 3 by the expiration date? At what point does the consulate consider it abandoned if they don't get packet 3 back (i.e., checklists and supporting documentation where applicable)?

[pushbrk 13,116]

Yes, I should have said that the extension is at the discretion of the consulate. Thanks for pointing out the the situation if someone gets held up at the NVC.

However, what if someone does not respond to packet 3 by the expiration date? At what point does the consulate consider it abandoned if they don't get packet 3 back (i.e., checklists and supporting documentation where applicable)?

That's a good question asked in another thread. I don't know the precise answer but it has nothing directly to do with the expiration date because that date may have passed before the packet was sent.