K1 Visa - i797 questions for fiancé going to Montreal for Visa interview

[JBB359 0]

Hi everyone! I've been peeking around the forums and I've just been concerned and confused. I'm told by my lawyer that the i797 notice of action's period of validity is typically extended by the relevant consulate/embassy. My fiancé finally got her appointment with the Montreal U.S. Consulate for 9/5/24 but the i-797 notice of action expires on 8/26/24. I tried 3 different e-mails and calling the Montreal consulate for more information regarding my concerns but I was either told that it wasn't the right place to ask that question or have been met with no response. Since the date is drawing near, and I'm really concerned about getting peace of mind on this, I pose the question. Do I need to get this extended before we get to the appointment and the period of validity expires? Or is this something they will do at the interview when my fiancé is seen? For anyone with experience with Montreal's Consulate, please let me know. Thank you. 

[Crazy Cat 41,810]

16 minutes ago, JBB359 said:

Do I need to get this extended before we get to the appointment and the period of validity expires?

Your attorney is correct.  Approved I-129fs are typically automatically extended by the Department of State in 4 month increments until the interview.  You can send the consulate an email to ask for an extension if you wish. It is not something you really need to worry about. 

[JBB359 0]

5 minutes ago, Crazy Cat said:

Your attorney is correct.  Approved I-129fs are typically automatically extended by the Department of State in 4 month increments until the interview.  You can send the consulate an email to ask for an extension if you wish. It is not something you really need to worry about. 

So even though the paper has the date of 8/26, electronically, in their system, it will still be valid? I should have no issues? In short, no further action from me is required? I tried contacting them via e-mail but didn't get any response from anyone and trying to call them tells me that they don't help w/ visa queries over the phone. 

[Crazy Cat 41,810]

2 minutes ago, JBB359 said:

So even though the paper has the date of 8/26, electronically, in their system, it will still be valid?

I have not seen a case expire unless it was returned to USCIS.  The consulate normally extends them.

[MalloryCat 183]

my fiance had his interview 5 days after our NOA2 validity date passed. the officer didn't even bring it up and my fiance was approved on the spot.

 

my only suggestion would be to have your fiance bring an updated letter of intent to marry from you (more recent date basically) with her to the interview.

someone on here who is going through the frankfurt consulate is in a similar situation and that was what they were told to have.

different embassy but should still be similar.

[Edward and Jaycel 154]

Here is a screenshot of an email received by the Consular Communications Group at the Manila Embassy in response to a VJ member's ask to have the NOA2 expiry date extended before the interview. Basically they said you can attend the interview with an expired NOA2 and if approved the Visa Officer will extend the expiration date at that time but they do not extend it prior to the interview. Taking along an updated letter of intent is also good advice.

 

 

 

[powerpuff 6,677]

*** Thread moved from Progress Reports to Process & Procedures ***

[dk031993 0]

My Fiancee and I are having this exact same issue with the US Montreal Embassy. We cannot find how to get the i797 NoA extended. Her interview is on 09/19 and it expires 08/29. If you do get an answer for this specific Embassy please do post here! It is very stressful and will be very upsetting if denied because of this. Wishing you the best of luck!

[Edward and Jaycel 154]

1 minute ago, dk031993 said:

My Fiancee and I are having this exact same issue with the US Montreal Embassy. We cannot find how to get the i797 NoA extended. Her interview is on 09/19 and it expires 08/29. If you do get an answer for this specific Embassy please do post here! It is very stressful and will be very upsetting if denied because of this. Wishing you the best of luck!

 

The visa officer who conducts the interview will extend the validity of your I-797 at the time of the interview. Please do not stress about this. It happens all the time because the State Department stage of the process often exceeds the 4 month validity date. I researched this very issue extensively because the Manila Embassy is notoriously slow when it comes to getting an appointment scheduled. In all that research I have never ever seen a denial because of a lapsed I-797 date of validity. They give the visa officer the ability to extend it at the interview specifically because it happens a lot. The only thing I recommend is to bring along proof of relationship (which you should bring anyway) and updated Letters of Intent to Marry. 

[JBB359 0]

On 8/26/2024 at 7:23 AM, dk031993 said:

My Fiancee and I are having this exact same issue with the US Montreal Embassy. We cannot find how to get the i797 NoA extended. Her interview is on 09/19 and it expires 08/29. If you do get an answer for this specific Embassy please do post here! It is very stressful and will be very upsetting if denied because of this. Wishing you the best of luck!

Thank you for your wishes! My fiancé went to the interview today and puzzlingly, the interviewer did not even ask for the i-797 form and nothing was even done regarding this. My fiancé's medical exam at TELUS was not actually submitted to the consulate despite them saying that it would be there (seems like an unfortunate mixup on their end at our expense) so she received a rejection letter, but all the documents were in order. 

 

I'm unsure if the notice will just reflect that it's been extended on the internal systems they use after the visa is finally approved, but that's the only assumption I can make at this time. I wish you the best and I hope all goes well!