Knight

Hi there,

Due to circumstances beyond our control, the OH may need to delay the processing of the current K1 process we are in (case is with NVC and about to be sent to London), until her job situation is sorted out (her contract may expire and not be renewed for a little while/at all) which means she a) won't be able to get a letter from her employer for the I-134 (although this isn't strictly necessary) and more importantly b) may not be able to support herself, let alone me.

Short of delaying my sending of documents back to London when I receive my Packet 3, is there any options for us in putting the visa process on hold for a little bit wile life sorts itself out, or is it a case of go through with it or cancel the process and start again when things are calmer.

If we have to start again, are there any quirks we'd have to be aware of, like how many times you can submit a K1 application, or any waivers we'd need to deal with? This is her first K1 submission, and it was filed in March, if that's relevant.

Any information to prepare for the worst would be appreciated.

meauxna

Drag your feet on returning documents, and you can keep the case alive with the Consulate by staying in touch with them via email. The dates you want to keep 'active' are the petition approval (normally valid for four months).
I have read cases where people dragged it out to a year after petition approval. Stressful? Yes, but make an email pal at the Consulate.

Knight

[QUOTE=meauxna;4995458The dates you want to keep 'active' are the petition approval (normally valid for four months). [/QUOTE]

Thanks for the advice. Is that four months from the date the Embassy receives the case from the NVC?

That four months will hopefully be enough.

meauxna

No, it's four months from the petition approval date.
(Your 'NOA2' should show the date the petition is approved)

Knight

We don't have the NOA2 yet due to the delays of CSC, but that's irrelevant I suppose since we can get the approval date from the NVC over the phone.

Am I right in thinking that if the timeline does go over the four months from the approval date, you can get the USC to submit a letter to the Embassy stating they still wish to continue with the K1 visa process and get them to revalidate the approval notice for an additional 4 months. Would this be an option I had?

Rete

Why doesn't your fiancee just get a co-sponsor for your K-1. The I-134 is not enforceable as the I-864 is and anyone that commits themselves to signing it will be off the hook when you marry and file for AOS and the new I-864 Affidavit of Support.

Knight

Because unless she gets the job situation sorted out, she is going to have problems supporting herself which means there may be no home to live in etc.

We'd both feel better having her life somewhat stable before I make the move to go over and track my muddy feet all over it again, so to speak.

meauxna

Yes, this is what I was getting at by 'keeping the case alive' with the Embassy. If you only 'need' the four months, I'd encourage you to go ahead and gather your 'Packet 3' interview documents and just keep things moving. When it comes to actually delaying an interview, you will have a better idea of your US situation.
You can research this topic on the word you used--'revalidate'. You'll find posts here from a couple/several years ago that will be worth reading--case processing used to be so slow that everyone needed to be concerned with petition revalidation.

The Consular Officers have the discretion to revalidate petitions for varied lengths of time, IIRC.

Knight

Thanks, I'll have a look and see what I can dig up. Just spoke to the OH, and her contract renewal may in fact only take 2 weeks according to a meeting she's just come out of, so fingers crossed. Either way, I appreciate the advice.