I-129F When does it expire?

[RLS]

I know this has been covered before, but I would like to know when and if the I-129F petition expires? You can look at my timeline and see when I filed mine. Do they extend it until they either approve it or deny it? I'm starting to wonder if either will ever occur. Thanks

[NewDay2006]

I know this has been covered before, but I would like to know when and if the I-129F petition expires?  You can look at my timeline and see when I filed mine.  Do they extend it until they either approve it or deny it?  I'm starting to wonder if either will ever occur.  Thanks

236158[/snapback]

The question of expiring does not come up until your fiancee is actually granted a K1 visa at the interview at Guangzhou. from that point she would have 6 months to enter the US or the K1 would expire. Once in the US, you would have 90 days to marry and then file for the AOS.

Edited August 7, 2006 by NewDay2006 (see edit history)

[Guest pushbrk]

I know this has been covered before, but I would like to know when and if the I-129F petition expires?  You can look at my timeline and see when I filed mine.  Do they extend it until they either approve it or deny it?  I'm starting to wonder if either will ever occur.  Thanks

236158[/snapback]

The question of expiring does not come up until your fiancee is actually granted a K1 visa at the interview at Guangzhou. from that point she would have 6 months to enter the US or the K1 would expire. Once in the US, you would have 90 days to marry and then file for the AOS.

236159[/snapback]

An approved (NOA2 forward) petition is vaild for 4 months, I think, but the Consulate routinely extends their validity. There is no expiration of a petition in the NOA1 to NOA2 stage.

[Randy W]

There is actualy an expiration on the I-797 aplroval notice. It will automatically be extended by GUZ as needed.

[Michael and Manyun]

Hey Ron

 

After everything I read here early on, I never gave the expiration of the I-129 a second thought. It happens continuously, and the extension is automatic.

 

Mike

[RLS]

Thank you all for that. Now I know that the petition will go on indefinately until approval or death whichever occurs first. I certainly hope it's not the latter.

[MikeandRong]

Ron, here is the "technical language" on it. They make it sound like it could be a lot worse than what I have heard or read though. I do believe this is where an updated letter of intent would be a good idea for your SO to have at interview time.

 

41.81 N6.2 Validity of a K-1 Petition (TL:VISA-581; 09-03-2003)

 

An approved K-1 visa petition is valid for a period of four months from the date of Department of Homeland Security (DHS) action and may be revalidated by the consular officer any number of times for additional periods of four months from the date of revalidation, provided the officer concludes that the petitioner and the beneficiary remain legally free to marry and continue to intend to marry each other within 90 days after the beneficiary's admission into the United States. However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States. If the officer is not convinced that the U.S. citizen petitioner continues to intend to marry the beneficiary, the petition should be returned to the approving office of DHS with an explanatory memorandum. [see 9 FAM 41.81 PN7 for revalidation procedure.)

[RLS]

However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States.

 

VO: "Hmmm, this guy filed a long time ago. I wonder why he waited so long? He must be up to something."

 

Petitioner: " I've been waiting for nearly 18 months. Certainly they must know I'm serious about this."

 

LOL. Sorry Mike, I couldn't resist. And by the way, thanks for the info. I'm just thinking-- through no fault of his own or her own, the petitioner is at the mercy of the government and must wait for as long as it takes. I don't know why the consulate officer would question the intent, because the petitioner has no control over the waiting period.

[Guest pushbrk]

However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States.

 

VO: "Hmmm, this guy filed a long time ago. I wonder why he waited so long? He must be up to something."

 

Petitioner: " I've been waiting for nearly 18 months. Certainly they must know I'm serious about this."

 

LOL. Sorry Mike, I couldn't resist. And by the way, thanks for the info. I'm just thinking-- through no fault of his own or her own, the petitioner is at the mercy of the government and must wait for as long as it takes. I don't know why the consulate officer would question the intent, because the petitioner has no control over the waiting period.

236252[/snapback]

Relationships end often. The VO has no way of knowing whether the USC is "waiting" or time is simply passing, after a break-up. No way, of course, except to verify it by seeing current communication from the USC indicating an ongoing relationship and continued intent to marry.

[david_dawei]

However, the longer the period of time since the filing of the petition, the more the consular officer must be concerned about the intentions of the couple, particularly the intentions of the petitioner in the United States.

 

VO: "Hmmm, this guy filed a long time ago. I wonder why he waited so long? He must be up to something."

 

Petitioner: " I've been waiting for nearly 18 months. Certainly they must know I'm serious about this."

 

LOL. Sorry Mike, I couldn't resist. And by the way, thanks for the info. I'm just thinking-- through no fault of his own or her own, the petitioner is at the mercy of the government and must wait for as long as it takes. I don't know why the consulate officer would question the intent, because the petitioner has no control over the waiting period.

236252[/snapback]

Relationships end often. The VO has no way of knowing whether the USC is "waiting" or time is simply passing, after a break-up. No way, of course, except to verify it by seeing current communication from the USC indicating an ongoing relationship and continued intent to marry.

236263[/snapback]

The VO also doesn't know if the petitioner is waiting around to get paid That is one of their big concerns in all of this: FRAUD.

 

frankly though, MikeandRong... that was a very insightful connection you made.. I can say that because I made it a year ago myself

 

About a year and a half ago, people were bringing a second 'intent' letter (from the petitioner) to the interview, and I made the connect to the 9FAM language and put in the FAQ an argument for it. B)

 

A year and a half later, I have reversed my thought on this; first, since there are many trends that get started by rumor and good intentions but which are completely unnecessary or based on faulty logic, etc. Second, experience has shown virtually no request, requirement, nor need for this 'second petitioner letter'...

 

I thought I would save you a year a half thought on this... been there, done that