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Expired Fiancé Visa I-129F Petitions | Do I Have To Refile?

| Sep 15, 2020 | Visa Issues |

Now that consulates are slowly beginning to reopen, individuals whose interviews were postponed due to COVID should proactively inquire with the consulate as to when they can expect their interviews to be rescheduled.

That being said, some preference categories will still not be scheduled if they fall under President Trump’s Proclamation barring immigrant visas in light of the COVID crisis.

Some prominent classes negatively impacted include parents of US citizens; siblings of US citizens; adult children of US citizens; spouses and children of lawful permanent residents; and diversity lottery winners. Currently, the proclamation has been extended through the end of this year.

Fortunately, K-1 fiancé applicants do not appear to be covered by the ban. Due to the vague language of the Proclamation, it has not always been clear whether fiancés were impacted since the K-1 is technically a non-immigrant visa. In fact, under a new Department of State policy announced this month, posts are authorized to give K-1 visa cases high priority.

Additionally, many I-129F petitions which were approved have subsequently expired due to the consulates shuttering for COVID. (I-129F petitions are typically valid for only four months.)

However, it appears that consular officers will be allowed to revalidate expired I-129F petitions, as has been the practice when petitions expired through no fault of the applicant. Therefore, it will not be necessary for most cases to refile the I-129F fiancé petition merely because the petition itself has expired by the time of the interview.

The above is general information only. It is not specific legal advice nor intended to create an attorney client relationship. If you need advice, please consult with an attorney.

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