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I-797 might expire before interview


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Hi there -

 

We found this great website when we were googling the regular wait time between packet 3 and interview. To our dismay, it could take up to 60 days before an interview could be scheduled!

 

The problem we are facing is that the expiration date on our I-797(NOA2 for our K1 petition) is in less than 2 months, and we didn't get to send back the packet 3 to the GZ consulate till Nov 08. We are worried that if the interview could be conducted before our I-797 expires. Do you guys have any suggestions on what to do? And do you know that how an expired I-797 would affect our case?

 

Thank you very much!

 

J&J

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This is NOT an issue, the consulate has the authority to extend the validity of the petition approval, and the do automatically in all cases.

 

It is common for the consulate to interview after the expiration.

 

An approved K1 visa petition is valid for a period of four months. If the petition expires, a consular officer may revalidate it for another four months depending on the circumstances of the case.

http://guangzhou.usembassy-china.org.cn/k1_visas_fianc/es2.htmm/

 

If you are truly worried, use this form letter and request extension, though the consulate will extend it anyway...

 

http://www.visajourney.com/examples/extend-approval.doc

 

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As Dan said it's a non issue. Everyone's expires before they can interview.

Actually, I was looking at timelines and the trends have changed, and I see many getting interview within two months or so of the NOA2 (P2) approval notification.

 

See: http://www.visajourney.com/timeline/k1list.php?cfl=1&op1=3&op2=d&op3=1&op4=1&op5=&op6=All&op7=China&dfile=No

 

But yes, the consulate will extend the validity.

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