Trashy Girl

In article <[email protected]>,
jg1012002 <[email protected]> wrote:
    > The embassy finally sent an email to one of my congressional members
    > stating that the "Petition is expired and they will not revalidate the
    > petition." Does anyone here know who can revalidate the petition
    > besides the consulate? I read the Director or Consular Officer can
    > revalidate. What Director are they talking about though? BCIS,
    > Department of State?
    >
AFAIK, no one can re-validate the petition except for the consulate or
director of the consulate. See these two files from the 9FAM which
mention re-validation and the procedure for same:
http://foia.state.gov/masterdocs/09fam/0941081N.pdf
http://foia.state.gov/masterdocs/09fam/0941081PN.pdf
It specifically states that the consular officer can re-validate the
petition "any number of times." However, it also states that the biggest
concern is whether the US fiance continues to desire the visa. Perhaps a
notarized letter to them in this regard might help? Maybe something with
your total plans for marriage, etc?
--
Trashy Girl

Pallyn

We had the same experience with a challenging consulate, and I was walked through the process on Alvena's old site. I am copying this from the website

How to Extend the I-797 Approval Notice: The Letter of Intent

The approval notice is only valid for 120 days after approval. Sometimes the length of time from when you get the approval notice until the interview is scheduled will become longer than 120 days. IF the US citizen's approval notice may expire before the interview is scheduled, the US citizen can request extension of the approval notice by composing a letter of intent and sending it to the foreign fiance to take to the interview. The letter of intent should be worded along these lines:

(Date)
FromYour name, address, phone, SS number)

To: (Name and address of consulate)

RE: (name and vital data of your fiance, including I-797 approval notice number, date of birth, address, phone number)

Dear Honorable American Consulate of (name of consulate, such as Mumbai):

It is my understanding that pursuant to 9FAM 41.81 N3.1 (Period of validity), the consulate can extend the approval notice for another 4 months, if my fiance and I remain legally free to marry and continue to plan to marry after my fiance enters the United States.

Therefore, please be aware:

I and my fiance continue to be legally single and free to marry.
I and my fiance love each other and plan to marry after his/her entrance in to the United States.
If my I-797 approval notice has expired by the time of my fiance's interview, I sincerely request that you extend the approval notice (copy attached) so that my fiance, (name of fiance) may receive the K-1 visa.
Sincerely,

(Notarized Signature)

A few consulates will require the letter of intent anyway, even if the approval notice is not going to expire. And if you are dealing with a particularly "difficult" consulate, you may want to fax the letter of intent and I-797 approval notice to the consulate with a cover letter that indicates that you will send the original to your fiance to bring to the interview. When in doubt, leave no stone unturned and take no chances. One foreign fiance at a Central American consulate was told by the consulate, (after a particularly long period of getting the approval to the consulate and getting packet #3,) that since her approval notice had expired, her US citizen fiance would have to re-file for another fiance visa! For such "difficult" consulates, I recommend that you do fax them this letter, and include the precise article of the law as quoted in the sample letter above, which will remind the consulate that they can extend the approval notice at your request. If the consulate is reasonably close to your fiance, you may want to send him/her the original notarized version of the letter and have him/her take the letter to the consulate in person. Do not let yourself be intimidated by such headstrong consulates: make it clear to them that you know the law and that you are watching them to ensure that they follow the law.

This worked for us, without congressional intervention. I wish you good luck.

jg1012002

Yea but they have already stated they will NOT revalidate under any circumstances.

What do you do in that case?

Pallyn

I think you will have to refile if it comes down to it. Try all suggested approaches before doing so, but I guess they can refuse to extend. What consulate is this?

jg1012002

Abu Dhabi

Khadija

Is it possible there is some discrimination occuring as well? Your fiance, if I recall correctly, is from India and is working Abu Dhabi, right? Some Gulf States tend to look down on contract workers. And, since our Consulates are often staffed with locals as well as Americans, perhaps this is part of the reason they're hassling him. I don't know how you could prove such a thing but it might be part of the equation. I suspect if he were a citizen of the UAE the treatment would have been different.

Just a thought.

jg1012002

Probably. However, after reading the 9 FAM 40.1 on K 1 visa validity, it states that if the consular officer believes the petitioner and beneficiary are still free to marry and intent on marry then they revalidate. If they have reason to believe that they do not intend to marry then they return the petition to Immigration with memorandum.

However, I cannot foresee these people trying to say they though I DID NOT want to still get married or my fiancee DID NOT STILL want to get married.

Senator Edwards office stated he had never heard of this before and the expiration of the petition is not a reason not to issue the visa because they have the right to revalidate. He is complexed as well.

Maybe after Kathryn Cabral talks with them in morning they will revalidate. I hope. But either way I have to fight this because we would be using the same consulate again. So what is point of submitting anything till this is handled.

Matthew Udall

I can. Lets say you last visited your fiancée 11 months ago and her medical report comes back saying she’s 4 months pregnant. Perhaps the international fiancée now has a disease of public health concern. In the pregnancy situation, the Consul will want a written letter from you letting them know that you are aware of the pregnancy and want to proceed with the case in spite of that fact.

Good luck.

M.U.

jg1012002

That is a good point Mr. Udall. However, it does not apply to my case.

I had a hysterectomy 1 year 2 months ago. Medical has no adverse reports, no communicable diseases. And both of us have made it exceptionally clear we want to get married.

Khadija

Yes and no. If you marry in Abu Dhabi then yes you'd be using this Consulate again. However, if you marry in another country and file the K3, the K3 rules state you must have the interview in the country in which you were married. Usually this is one and the same as the foreign spouse's homeland but not always.

I'm not sure how feasible it would be for you two to get married somewhere else and add yet a third country to the mix but you might want to check into it if your appeals aren't satisfactory.

jg1012002

We have thought of that. But I still think this will come back to "haunt" us if we don't deal with it now. Maybe Mr. Udall or Folinsky can jump in on that issue itself.

He did not have his passport stamped denied and according to consulate they can't issue the visa because the petition expired. So on the next form where it says have you ever been denied, what would the correct answer be?

jg1012002

K3 would be new to me......

What is wait time on K3? My understanding, which is much, is I file the I-130 and then file for K3 visa with receipt notice of I-130. Is that correct?

Also, don't they have a 4 month expiration date?

Khadija

Yes, they also have an expiration date. However, if you marry in another country, you'd work with that Consulate and not Abu Dhabi.

So, say you take a romantic trip to somewhere in Europe (of course you'd have to research the marriage requirements for various countries) and you tie the knot. You go home file you I-130 and the the I-129F for the K3 and then, when the time comes, your husband will have to go for his interview at the Consulate in the country in which you were married.

You'd want to choose a country close enough that travel and mail wasn't a big issue and that doesn't have any major residency requirements for couples prior to marriage. But, if you can find a third country, it might get you out of this black hole.

jg1012002

Khadija,

I do wait for the I-130 receipt correct? I'm wondering because you received yours in July 2002 but didn't file K3 till 5/2003 -- right? Or am I reading wrong..........which could be because I haven't had any sleep since midnight of last night..........did that make sense?

Khadija

You're reading it right. I was stupid and believed the timing listed on the back of my 1st NOA. I'd read about the K3 before that but, when I called the 800 # of the old INS about half way through my 9 month wait, they told me it wasn't any faster than the I-130, so I continued to wait for something from Nebraska. I even contacted my Congressional representatives and one even told me I'd get my approval from the NSC any day and not to waste the money on the K3!

Actually, the waiting wasn't so bad back then. My job affords me the opportunity to travel internationally. I had several trips to Europe from where I could find cheap fares to Egypt. It gave his family time to get to know me and us time to get to know each other (our initial romance was a bit of a whirlwind).

Fast forward to April when I stumbled on to this NG and the rest, as they say, is history. I learned more about the K3 and its track record and how truly backlogged the NSC is; so I filed the K3 petition and now our approved petition is sitting in Cairo. I'm very glad I did. My I-130 is still languishing in Nebraska. I doubt it'll be approved before the New Year.

If you're thinking about the K3 route, you first have to research the marriage laws in several countries. There might be some advice on the NG about marrying in a third country - too bad you and your husband couldn't take a cruise and get married in some Caribbean island country!

Keep us posted.

Patty Khadijah