When U.S. Citizenship and Immigration Services (USCIS) approves Form I-129F, Petition for Alien Fiancé, it is valid for a certain period of time- for four months exactly. This is a different period of validity than the term of the K-1 visa. When you receive a K-1 visa, you cannot use it anytime you want, but within a limited time period as well.
If you’ve missed the deadline for some reason, you don’t have to start all over. There are some steps that you can take to extend the validity period for the I-129F petition. As we stated earlier, this petition is valid for four months from the date USCIS approves it.
Therefore, you must respond to the National Visa Center (NVC) and your local U.S. embassy within the deadlines provided by each and provide additional documents to support the K-1 visa application.
If you are unable to make the necessary arrangements within four months with your fiance, you may be able to request an extension. In this case, a consular officer can decide to extend the petition’s validity if it will expire before visa processing is completed.
What is the Deadline to Enter the United States?
When you receive a K-1 visa from the U.S. embassy or consular office, you have to arrange the petitioner’s trip to the United States to get married. This opportunity can be used only once with the visa, and generally, it is valid for six months from the date of issuance, while some may be issued with a shorter validity period.
Is There a Deadline for Getting Married?
Shortly, yes. Once your fiancé issued with the K-1 enters the United States, you have to get married within 90 days. Within this deadline, the foreign national spouse should file an adjustment of status application (Form I-485).
However, your fiance may file Form I-485 after 90 days, providing he or she has met all other requirements. If you fail to organize a wedding or your fiance changes his or her mind about applying for the green card through adjustment of status, he or she has to depart the United States before the K-1 expires.
Can You Extend The Initial Deadline?
Actually, yes, you can, and the process is straightforward. All you need to do is send the request to the U.S. Embassy to “revalidate” your I-129F.
If you prove that you are actively working on it, the U.S. Embassy may decide to extend your case, and you will be given 4-month increments. If you wonder how you can send such a request, all you should do is email them, schedule an interview, submit a visa fee, etc.
On the other side, if you notify the U.S. Embassy that you intend to get married very soon, you can be given a maximum of 12 months.
If you are approaching the deadline and are unsure about how to try to extend it, you can contact us, and together we can take the necessary steps to ensure that you will not lose this big chance to start your life with the loved one in the United States.
