kstoss9

We are in the middle of the K1 application. I got the approval notice on March 7th 2008, My fiance who lives in England got his packet on March 14th. He has been working on it since then and he just mailed off his check list packet on May 9th, 2008. I have counted 90 days from the approval notice and that means it expires on June 5th, 2008. He still has not gotten his interview scheduled, we are waiting for them to tell him when to come. From reading other posts I can assume that his interview will be scheduled for the end of June or early July, but that is after the 90 day mark of the approval notice. I was told that the entire application would expire 90 days from the approval notice, so now I am in a panic.

Does anyone know where I can get the papers to file an extension? It took a long time for the two police clearances to come through, as well as his birth certificate. I was yelled at by other people saying "you should have been working on that before he got his check list" but this is the first time I have ever done this and neither one of us knew what to expect so we waited for the check list and did it then, and its taken very long.

So I guess I have to file an extension but I don't know where to begin. There are no forms on the USCIS site or information.

If anyone knows of anything please let me know. I dont want to spend the money to start this process all over again.

Thanks!

~Kate

Noorah101

Hi Kate,

Don't worry. The NOA2 (approval notice) is good for 4 months, but the embassy has the power to extend it automatically, and I"ve never seen a case where they don't extend it. These days, it's nearly impossible to get everything done within the 4 months. We had our K-1 interview WAY past the NOA2 expiration, and it was not a problem. We did not use London, but I believe London is even more easygoing.

Just to be safe, I did contact the embassy to let them know we are not abandoning our case, even though it's taking longer than the NOA2 expiration date. They replied that's not a problem. Again just to be sure, I wrote a little note asking for them to extend the validity of the NOA2, just in case they needed to see something in writing at the interview, but they did not.

There are no official extension papers or anything. It's common for the interview to be held after the NOA2 expires, and from what I've seen, it's not a problem.

Best Wishes,
Rene

kstoss9

Thanks so much, I was just going to let it go and see, but I wanted to check to make sure there was nothing official I needed to do. I can't wait for this to be over!! Hopefully he will get his interview soon and we can be on our way.

Thanks for your help!

~Kate

English Muffin

Just to add to what Rene has said... if you do have your interview after the NOA2 has expired the London Embassy will require new 'Letters of Intent' from both of you. If you don't have them with you at the interview they will only issue the visa once you send the letters to them, so best to have them ready to take with you just in case.

Tracym

That wasn't true for us - we didn't even file for the visa until after it had expired, and they didn't require any new letters.

Wouldn't be a bad idea to have them though, just in case.

English Muffin

I'm sorry Tracy but I don't understand, can you explain what you mean by "file for the visa until after it had expired". Do you mean you didn't send back packet 3 until after NOA2 expired?

I know at least 2 people who have interviewed this year with expired NOA2s and both had to have new Letters of Intent and I thought the OP ought to be aware of it.

Tracym

Yes, that's what I mean - we had personal reasons to delay.

I agree, it's a good idea to have the letters in case they are needed.

Knight

While the consular officer who interviewed you may have asked for this (and I assume they are within their power to do so) there is no actual requirement on new letters of intent once your petition passes the 4 month mark. The rules state that a consular officer has the power to extend an application for 4 month periods at a time if the processing takes longer than 4 months.

The only way a K1 application or I-129F petition is automatically closed is in the death of the petitioner or beneficiary.

English Muffin

I didn't say that the petition would be closed.

If your petition has expired at the time of interview new 'Letters of Intent' may be required and if you don't have them with you at the interview you won't get your visa until you mail them in. If the OP is aware of this information they can get the letters in advance and take them to the Embassy.

I personally know of 2 people who interviewed this year with expired petitions and they both had to provide new 'Letters of Intent'.

Noorah101

I'm guessing that's the same thing as what I had written in our case, but was never asked for it (not London).

In my "letter of request to extend the NOA2 validity", I also mentioned in it that we are still free and legally able to marry, and that we intend to do so within 90 days of his arrival in the USA. Kind of did both the "request to extend NOA2" and "new letter of intent" with one letter.

I agree, better to have it on hand than have to mail it in later.

Rene

arcmorality

I had my interview 2 weeks ago in London. Our case went past four months from NOA2 to interview. Not a problem. My mistake was I took a letter of intent that was not notarized. Embassy would not accept this, Which meant my case was suspended until I was able to submit the notarized letter. Which I have done now, just waiting visa from courrier.

So if you don't get a interview date before June 5th, make sure you take a notarized letter of intent, or else your case will be delayed.

Goodluck,

Nicky

kstoss9

Thanks so much for all the help, I want to be prepared in case of anything that might snag or delay the visa. I will be sure to have my fiance bring new letters just to be safe.

Thanks again!

~Kate

penguinbar

Wht is the letter of intent? Is that the letters that we each wrote stating how we met? We had mailed those in when we filed for the I129. My fiancees interview is June4th nd the petition is good untilJuly18th. We never got the other letters notarised. Do we have to write new letters or get the old ones notarised? By the wy where do you get something notarised in the UK? Can you go to a bank like in the US?My fiancee is in Scotland and has no idea

Noorah101

Yes, those are the letters of intent. To my knowledge, they don't normally need to be notarized, we didn't notarize ours and they worked out fine (not London, though).

To my knowledge, the only place you can get an immigration document notarized in the UK is at the US Embassy.

Rene

English Muffin

If your petition hasn't expired by the time of your interview you won't need them.