Unusual Problem

[Noleman]

In May of this year I submitted our I-129F paperwork with USCIS for my Fiance' and her son. At the end of May my Fiance's son who is 18 and graduating from high school in June was notified by the Army that he would have to serve two years in the Army via the draft or he could volunteer and serve 11 months as soon as he graduated. Taking the less of two evils he volunteered and reported for basic training in on July 2nd.

On August 8th I was notified by USCIS that our 1-129F had neen approved and that the approval was good theough December 8th of this year. The delima is that my Fiance is not going to leave Russia without her son, and I do not blame her for that. My question is, do you know or have you heard of any case whereby I can get the US Embassy in Moscow to push back until July of '09 the interview date so that my fiance's son will be out of the military by then, and they both would be able to attend the interview together, hopefully pass the visa process and travel here together?

Noleman

[MaxxumUSA]

Check your personal messages noleman.  I sent you one.

[Jack]

Noleman, I think you now have several issue's here. Before I start I should tell you that I am not an attorney and am no way trying to offer any legal advice, but rather my own opinion.  I do think you should PM William3rd and ask for his professional opinion and options.

First, once the visa has been issued I believe you have 6 months in which you have to use this visa. If she does not use this visa during that 6 month time frame then it becomes void and it's like starting all over, although it should be a little quicker the second time.

I gather that when you started your K-1 your fiancée's son was 17 and he was included as part of the K-1 package. Now that he will be 19 or 20 after his time in the army he will no longer be part of the K-1 package. I think he will not be allowed to come at the same time when your fiancée can come, but instead once she is here, and probably only after being here for two years. At that time she would need to begin the paperwork to bring her son. Again William3rd will know the legal options here and I am only commenting on what I "think" the end result could be.

If your fiancée is not willing to leave Russia now because she wants her son to come, then I kinda doubt that she is going to leave him for the two years it will take for him to be able to recieve visa.

[Wayne]

You can  reschedule the visa interview for a later date.  The 4 months on the approval can be extended for another 4 months.  Best way to contact the embassy in Moscow is by email.  They answer within a few days.

Once the visa is made, you have 6 months to enter the USA.  The Son is considered a child if he is less than 21 years old.  He can travel by himself at a later date.  Russia allows anyone over 16 to travel alone without parents and without a permission document. 

The Son will need to attend the visa interview at the embassy.