US Embassy, Moscow: How long can petition be extended?

[Wayne]

The K-1 petition approval notice has a valid period of 4 months from the approval date.  The embassy extends the petition for additional 4 month periods.  Does anyone know for sure, is there a limit to the number of times the petition can be extended?

If you look at the embassy on-line interview schedule, you can see many cases numbers that are several years old. 

The problem that we are having is that because of delays mostly caused by the embassy, we are coming to a point where they say the petition cannot be extended again, and we need to file a new K-1.  I have written a letter and sent it by fax and email to my elected officials seeking help.  The aid of a US Congressman has responded. 

My big problem is that I did a K-1 for another lady a few years ago, so I have already done two or more petitions.  I would need a waiver. 

HAS ANONE TRIED GETTING THE IMBRA WAIVER?

[Turboguy]

My guess is that if the petion is not approved in time and it is their fault it will automatically be extended.   I am basing this on the fact the interviews in moscow when I did one a year ago were beyond the time limited and that is what the did.  It never presented a problem.

I don't think too many have gotten a waver yet or tried.  I am sure some have tried.  You may find it is not necessary.  I have been working on reading Gary Bala's blog on IMBRA.  I think it is about two days worth of reading and I am barely started.   In the few hours I have spent reading this, here is one comment that sort of disagrees with some of the opinions here about IMBRA and may have some application to you situation.   I will be reading at this for a while and if I see more, I will let you know.

Here is Attny Balas comment.

garybala wrote:
RICHARD,

I HAVE NEVER USED THE TERM "LIFETIME LIMIT". WHAT I STATED IN THE ABOVE QUESTION NO. 13 AND ANSWER IS THAT OTHER COMMENTATORS, NOT ME, HAVE LABELED IT A "LIFETIME LIMIT".

IF A U.S. CITIZEN PETITIONER FILED 2 OR MORE PETITIONS BEFORE, THAT PETITIONER MUST WAIT AT LEAST 2 YEARS AFTER THE FILING DATE OF THE LAST APPROVED PETITION BEFORE FILING THE NEXT PETITION. OR MUST PETITION FOR A "WAIVER".

I ALSO THINK THOUGH THAT ANYONE FILING PETITIONS NUMBER 4,5,6,7,8,9 AND 10 AND BEYOND WILL NOT HAVE IT EASY OR QUICK.

[timothe]

I believe my situation applies to this topic.  I have an approval notice for an I129F from December 2003 but my lady never attended the scheduled interview.  I called USCIS and they have told me that my receipt number is still active.  Does this mean that I can simply contact the consulate to reschedule the interview?  (even though three years have passed?)

What is the URL for the site where I can check interview dates?

Thanks for your help!

[William3rd]

For the August posting- See my posting from today-02/07- on this board concerning current experience with IMBRA waivers. Waivers have not been problematic thus far with my folks.

For today- You will probably find that the consulate has already terminated their action on the petition and returned it to the US. There is a one-year rule.

Your best approach would be to file a new petition armed with fresh evidence and a new meeting. . . .

[timothe]

I called on the petition and USCIS said it's open.  But then again, I don't know if I was actually speaking with anyone who had access to the correct information. 

However, a new meeting is probably a good idea.  Although we spent a significant amount of time together (2yrs), it's probably not prudent to simply bring her over after a 3yr absense.  I gotta start putting the I on top of the E.   

[William3rd]

USCIS is not Dept of State. Why didnt she go to interview way back when?

[timothe]

Kind of a long story, actually. 

My ladyfriend is a very impressionable person.  She had a friend who met an American man while we were waiting for the paperwork to go through.  Her friend bragged about how her man was going to get her to the USA in 3 months. 
(The other man was a one trip wonder.  I spent two years with multiple visits, constant phone calls, etc.)  I think my ladyfriend, who never stepped foot into an agency, believed her friend more than me. 

I lost my job in November 2003 and my ladyfriend got scared.  Then, her mother got sick, so she called off the engagement.  I tried to reason with and to explain to her that I was a professional in my field and so on, but although she said she believed me, I don't think she did.

In January 2004, after we had completely stopped communicating, she got her Visa paperwork.  Suddenly, she wanted to get back together but I was pissed off that she didn't believe me, so I told her not to bother with the interview. 

We kept in touch over the years, exchanging e-cards and the occasional phone call.  This last December, she really turned on the charm, telling me how much she missed me. 

Recently, we've discussed relations more seriously so I decided to look into the application to see what it would take to complete the process.  Honestly, I'm still not 100% committed to this woman, not because she is a bad person (she's really sweet!) but moreso because I'm not sure I could tolerate living with another person now.  (Actually it is two people because she has a 13yr old daughter)

[William3rd]

Go back over and see what the current realities are. Then refile the petition when you get back home. Add the story that you just had since it is interesting and explains alot.

[timothe]

Thanks William.

I know that's the right answer.  (maybe not the answer I wanted but...)

[Wayne]

The embassy in Moscow would not extend the case again.  I contacted both Senators from Michigan and my Representive in the House.  Their Aids all tried to help me--but it was too late--the petition was sent back to USCIS.

Last October, we filled a second petition.  I am still waiting for the results from the California Service Center.  I included a request for waiver with a lot of supporting documents. 

So I will let everyone know if an when the petition is approved.

Thanks,

Wayne

[William3rd]

This was a test, right?

did you go back and see her within the 2 years prior to the new filing?

If not, you should get the RFE in the mail when they get to your case.

[Wayne]

Yes, we were together less than two years prior to the second filing.

[William3rd]

end of story then. . . . you are asking about something that is a moot point.