Jump to content
rakkaus

Can you put I-129F on hold?

 Share

12 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Finland
Timeline

I'm sure this has been addressed at some point in VJ history, but I can't find it.

My fiancee and I have run into some issues we need to resolve before the wedding. We filed the I-129F back at the end of August, and having seen how slowly things were going, I figured we'd have all the time in the world to try and work things out. Now that a few July approvals are trickling in, I'm starting to wonder; I think it's best to wait until next summer to marry, assuming we can find a good way to work these problems out. I realize that would likely be the case anyway, but I don't want to be making these decisions at the last minute with all paperwork already in place. I know that cancelling an I-129F and then trying to file for a waiver and re-file sounds like a major headache.

I realize there are other steps involved after VSC approves the I-129F, but we would really rather just put the whole thing on hold for a few months. Is there any way to do this? Or are we stuck deciding between "cancel and possibly refile" and "full speed ahead"?

If we do cancel and re-file, does that hurt our chances of approval? Is the waiver petition generally successful in such cases? Nothing about our file is otherwise problematic AFAIK, but this throws a real monkey wrench into things. Ugh! :(

Thanks in advance...

Some people say I'm easily distracted, but that's not... Hey! A squirrel!

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
I'm sure this has been addressed at some point in VJ history, but I can't find it.

My fiancee and I have run into some issues we need to resolve before the wedding. We filed the I-129F back at the end of August, and having seen how slowly things were going, I figured we'd have all the time in the world to try and work things out. Now that a few July approvals are trickling in, I'm starting to wonder; I think it's best to wait until next summer to marry, assuming we can find a good way to work these problems out. I realize that would likely be the case anyway, but I don't want to be making these decisions at the last minute with all paperwork already in place. I know that cancelling an I-129F and then trying to file for a waiver and re-file sounds like a major headache.

I realize there are other steps involved after VSC approves the I-129F, but we would really rather just put the whole thing on hold for a few months. Is there any way to do this? Or are we stuck deciding between "cancel and possibly refile" and "full speed ahead"?

If we do cancel and re-file, does that hurt our chances of approval? Is the waiver petition generally successful in such cases? Nothing about our file is otherwise problematic AFAIK, but this throws a real monkey wrench into things. Ugh! :(

Thanks in advance...

The foreign fiance has six months to use the visa, after issue and then 90 days to marry the petitioner once they enter the US. That will get you to summer. You can also simply delay sending back the P3 documents to delay the interview. Even then, you can simply request a later interview. No reason is needed.

I would recommend these delaying tactics instead of a potential refile and waiver process. Also, never indicate to USCIS or the Consulate that you're having second thoughts. That will hurt your evidence of a bona fide ongoing relationship and actual intent to marry.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
I'm sure this has been addressed at some point in VJ history, but I can't find it.

My fiancee and I have run into some issues we need to resolve before the wedding. We filed the I-129F back at the end of August, and having seen how slowly things were going, I figured we'd have all the time in the world to try and work things out. Now that a few July approvals are trickling in, I'm starting to wonder; I think it's best to wait until next summer to marry, assuming we can find a good way to work these problems out. I realize that would likely be the case anyway, but I don't want to be making these decisions at the last minute with all paperwork already in place. I know that cancelling an I-129F and then trying to file for a waiver and re-file sounds like a major headache.

I realize there are other steps involved after VSC approves the I-129F, but we would really rather just put the whole thing on hold for a few months. Is there any way to do this? Or are we stuck deciding between "cancel and possibly refile" and "full speed ahead"?

If we do cancel and re-file, does that hurt our chances of approval? Is the waiver petition generally successful in such cases? Nothing about our file is otherwise problematic AFAIK, but this throws a real monkey wrench into things. Ugh! :(

Thanks in advance...

You can easily delay until the summer month even with the current filing just think through the timeline options taking into consideration the naturla delays and expiration points.

YMMV

Link to comment
Share on other sites

I'm sure this has been addressed at some point in VJ history, but I can't find it.

My fiancee and I have run into some issues we need to resolve before the wedding. We filed the I-129F back at the end of August, and having seen how slowly things were going, I figured we'd have all the time in the world to try and work things out. Now that a few July approvals are trickling in, I'm starting to wonder; I think it's best to wait until next summer to marry, assuming we can find a good way to work these problems out. I realize that would likely be the case anyway, but I don't want to be making these decisions at the last minute with all paperwork already in place. I know that cancelling an I-129F and then trying to file for a waiver and re-file sounds like a major headache.

I realize there are other steps involved after VSC approves the I-129F, but we would really rather just put the whole thing on hold for a few months. Is there any way to do this? Or are we stuck deciding between "cancel and possibly refile" and "full speed ahead"?

If we do cancel and re-file, does that hurt our chances of approval? Is the waiver petition generally successful in such cases? Nothing about our file is otherwise problematic AFAIK, but this throws a real monkey wrench into things. Ugh! :(

Thanks in advance...

The foreign fiance has six months to use the visa, after issue and then 90 days to marry the petitioner once they enter the US. That will get you to summer. You can also simply delay sending back the P3 documents to delay the interview. Even then, you can simply request a later interview. No reason is needed.

I would recommend these delaying tactics instead of a potential refile and waiver process. Also, never indicate to USCIS or the Consulate that you're having second thoughts. That will hurt your evidence of a bona fide ongoing relationship and actual intent to marry.

:thumbs: That's what I'd suggest too....

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Finland
Timeline
The foreign fiance has six months to use the visa, after issue and then 90 days to marry the petitioner once they enter the US. That will get you to summer. You can also simply delay sending back the P3 documents to delay the interview. Even then, you can simply request a later interview. No reason is needed.

I would recommend these delaying tactics instead of a potential refile and waiver process. Also, never indicate to USCIS or the Consulate that you're having second thoughts. That will hurt your evidence of a bona fide ongoing relationship and actual intent to marry.

Oh, six months after it's issued? I don't know why I thought it was 90 days. In that case, I agree; I think that with the various delays inherent in the process, this should give us plenty enough time to figure out what we're going to do. How much time does she have to get the papers back to them after NOA2, for example?

And 10-4 on what you're saying about USCIS. Makes sense not to put doubt in their mind, because if we get as far as the interview, that means things would have all been worked out.

Some people say I'm easily distracted, but that's not... Hey! A squirrel!

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline

Theoretically the NOA2 is valid for 4 mos. and then you can request an extention and at the discretion of the consulate can be up to another 4 mos (but you should always maintain contact with the consulate so they don't close your file) .

YMMV

Link to comment
Share on other sites

Filed: K-1 Visa Country: Finland
Timeline
Theoretically the NOA2 is valid for 4 mos. and then you can request an extention and at the discretion of the consulate can be up to another 4 mos (but you should always maintain contact with the consulate so they don't close your file) .

Pardon my ignorance, but what all needs to be included in the 4 month period? The medical, the interview, and ... ?

What do we say if we end up requesting an extension? Is that pretty much automatic or is it going to make USCIS concerned if we request one?

Thanks again!

Some people say I'm easily distracted, but that's not... Hey! A squirrel!

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
The foreign fiance has six months to use the visa, after issue and then 90 days to marry the petitioner once they enter the US. That will get you to summer. You can also simply delay sending back the P3 documents to delay the interview. Even then, you can simply request a later interview. No reason is needed.

I would recommend these delaying tactics instead of a potential refile and waiver process. Also, never indicate to USCIS or the Consulate that you're having second thoughts. That will hurt your evidence of a bona fide ongoing relationship and actual intent to marry.

Oh, six months after it's issued? I don't know why I thought it was 90 days. In that case, I agree; I think that with the various delays inherent in the process, this should give us plenty enough time to figure out what we're going to do. How much time does she have to get the papers back to them after NOA2, for example?

And 10-4 on what you're saying about USCIS. Makes sense not to put doubt in their mind, because if we get as far as the interview, that means things would have all been worked out.

Study the timelines for your country for NOA2 to P3. There is no specific time frame for returning the P3 documents after the applicant receives them but a couple months between receipt and return is certainly not a problem. After all, they are instructing you to acquire some documentation only those in a rush (nearly everybody) would know about and have obtained in advance. Technically there the petition approval expires four months after NOA2 but the process commonly takes longer than that, so Consular officers can and routinely do extend the petition validity as needed.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
Theoretically the NOA2 is valid for 4 mos. and then you can request an extention and at the discretion of the consulate can be up to another 4 mos (but you should always maintain contact with the consulate so they don't close your file) .

Pardon my ignorance, but what all needs to be included in the 4 month period? The medical, the interview, and ... ?

What do we say if we end up requesting an extension? Is that pretty much automatic or is it going to make USCIS concerned if we request one?

Thanks again!

Once the petition is approved then the USCIS is out of the picture and the Department of State takes over.... The 4 mos. validity period is for it to go from the service center all the way to interview.

YMMV

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
Theoretically the NOA2 is valid for 4 mos. and then you can request an extention and at the discretion of the consulate can be up to another 4 mos (but you should always maintain contact with the consulate so they don't close your file) .

Pardon my ignorance, but what all needs to be included in the 4 month period? The medical, the interview, and ... ?

What do we say if we end up requesting an extension? Is that pretty much automatic or is it going to make USCIS concerned if we request one?

Thanks again!

Once the petition is approved then the USCIS is out of the picture and the Department of State takes over.... The 4 mos. validity period is for it to go from the service center all the way to interview.

You don't need to request an extension but you can request it from the Consulate as a delaying tactic. Maybe you need more time to gather official documents, etc. If you do so, I would do it a month or so after receiving the P3 but unless you plan to delay more than a month or two, don't bother.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: K-1 Visa Country: Finland
Timeline

Thanks so much! This kind of thing is where VJ is SO helpful. I really appreciate it. We'll hold off on doing anything for the time being, and we'll keep the extension in mind if it comes to that.

Thanks again, pushbrk and fwaguy!

Some people say I'm easily distracted, but that's not... Hey! A squirrel!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Russia
Timeline

You seem to be already covered with proper suggestions. As you see, you can delay and there is more time than you thought!

Jeffery AND Alla.

0 kilometers physically separates us!

K-1 Visa Granted... Wednesday, 21 May 2008

Alla ARRIVED to America... Wednesday, 12 November 2008

russia_a.gif Алла и Джеффри USA_a.gif

AllaAndJeffery.PNG

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...