Extension of I-129(F) petition while under section 221(g) of INS

[isitasham]

Hello all,
I just signed up to this forum and am looking for specific information on K-1 visa process which is in "Administrative Processing" under section 221(g) of INS. My fiancee has already been interviewed and they have asked for additional documents to support proof of relationship. These docs. have already been submitted to the US embassy in New Delhi and they have acknowledged receipt of them.

1. My original I-129 (F) fiancee petition was approved for 4 months (from 02/25/2009 to 06/24/2009). -- Two days remaining.

2. Since my case is currently under "Administrative Processing", do I still need to file for an extension of I-129 (F) fiancee petition?

3. Or is it understood that my case is being processed and I don't don't need an extension for I-129(F).

I would appreciate any information/thoughts on this.
THANKS!!
isitasham

[phophar]

Hello all,
I just signed up to this forum and am looking for specific information on K-1 visa process which is in "Administrative Processing" under section 221(g) of INS. My fiancee has already been interviewed and they have asked for additional documents to support proof of relationship. These docs. have already been submitted to the US embassy in New Delhi and they have acknowledged receipt of them.

1. My original I-129 (F) fiancee petition was approved for 4 months (from 02/25/2009 to 06/24/2009). -- Two days remaining.

2. Since my case is currently under "Administrative Processing", do I still need to file for an extension of I-129 (F) fiancee petition?

3. Or is it understood that my case is being processed and I don't don't need an extension for I-129(F).

I would appreciate any information/thoughts on this.
THANKS!!
isitasham

Boss,

In my careful opionion and If i'm not being disrespectful, i strongly suggest that you either call the related authorities whom dealt with your I-129f petition case (Vermont or California) or call an attorney in the US to collect factual information.

The information you are looking for i have been trying to locate as well since a good few weeks but cud not find, as being a Pakistani citizen i have a 99% strong chance of visa refusal too once i recieve my fiance visa petition approval and sebsequently appear for interview at the Dublin embassy rather than ISB Embassy. So i want to be ready to pursue further when i get refused.

I know through a case somebody has placed on another website that some Pakistani citizen living in Bahrain got refused after interview at bahrain embassy, he was told to go back to Pakistan and apply from there. I observed from the details he/she had posted that they had to fill up some new documents regarding firstly transfer of the application to another embassy and then had to go through some other process as well in order to use the same I-129f in Pakistan. (kindly google and try to locate this post, u might be able to find more information)

I know your case is different and believe me i'm not trying to give any expert advice on this, therefore only consider this an opinion please. I apologise if you don't particularly like it, or if i am wrong.

Best of Luck

[isitasham]

Validity of a K-1 Petition

Hi, and thanks for your response. Actually, I was able to find some more info on this and it appears that we may not have to request and extention. See the extract from NEW NONIMMIGRANT 41.81(K) NOTES below:

N6.2 Validity of a K-1 Petition

An approved K-1 visa petition is valid for a period of 4 months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of 4 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 USCIS with an explanatory memorandum. [See Sec. 41.81 PN7 for revalidation procedure.]

[phophar]

Hi, and thanks for your response. Actually, I was able to find some more info on this and it appears that we may not have to request and extention. See the extract from NEW NONIMMIGRANT 41.81(K) NOTES below:

N6.2 Validity of a K-1 Petition

An approved K-1 visa petition is valid for a period of 4 months from the date of USCIS action and may be revalidated by the consular officer any number of times for additional periods of 4 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 USCIS with an explanatory memorandum. [See Sec. 41.81 PN7 for revalidation procedure.]

Boss ...

Much obliged for sharing this new piece of info with me and others on this forum.

Seems like Consular is GOD ...!

He takes the final decision .... if 'HE' doesn't revalidate a refused case under 221g to be re-used ... we don't get to use the same Approval again anywhere .... also .... depending upon how late the application process gets ... not from our side only but even by the USICS through their own processing system's fault .... our chance of actually getting a successful K1 deminishes by the day .... by the hour ... the minute ... the second .... and so forth.

So it isn't about love, affection, loyalty, attachment, ... or patience of the couple who apply for a K1 ... but its only about our dear old Visa Consular's mood.

As mentioned in your quoted piece ...."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".

This implies to me that he doesn't even need to provide reason for HIS or HER action.

Boss .... May the Big guy upstairs ... have grave mercy on us ....

[phophar]

Ohh and once again ...

I wish to advise all concerned with the material being posted on this thread by me ... that i am not an expert on anything ... whatever i have posted within this blog is a mere conversation between me and the thread poster ...

kindly refrain from seeing this as any attempt to misguide anybody ... i have seen the way some moderators are humiliating commentators at other threads within this site over the fact that they were not knowledgeful enough while posting comments ... which is extremely rude .. and defies the purpose of this website ... which i thought was to interact and discuss in a democratically liberal manner ... where every individual deserved and reserved the right to express his/her views ... without fear.

Well in my case .... be advised ... once again .. that i am not giving anybody advice neither am i suggesting anybody to agree with me ... i am CONVERSATING with the gentleman who posted a comment on this thread ... expressing my own view on this particular issue.

Persons unhappy with my comment ... can please move on to other threads.

Thank you.