Can I delay an application once it gets to the Embassy?

[GoThere 0]

Currently, my wife's application is being processed at the NVC. When my wife's application makes it to the local embassy, I was wondering if it would be possible to delay the application process? Unfortunately the Embassy in Tokyo does not answer questions about visa issuing process.

Let me explain the background behind this somewhat odd request. I was going to do the embassy application process back in January this year, but a few days before my appointment to submit the documents for my wife, the laws changed and the embassy telephoned me to say the appointment was off and I should just sit and wait and see what happens next. Unfortunately we had both quit our jobs and were living with her parents, and in the months that followed we have had a hard time getting back on our feet. It was a big hit financially due to a number of reasons, and we fear that we will not be able to afford to move to the USA within the next six months or even a year when it looks like my wife's visa processing will be completed. Like I said we were hit financially very hard. We hoping to move to the USA perhaps in two years when we are more financially stable and can afford to start a new life in the USA.

I don't want to cancel the applications because we have already spent so much on application and processing fees as well as gathering all of the documents. We've also had to take unpaid days off of work to do money orders and get everything together. Ideally, once the embassy contacts us to get our paperwork together for final processing, I would like to put things on hold for 12 to 18 months, and then when we are closer to leaving Japan, we could restart the final portion.

Has anyone ever heard of this being done? If this is not possible, then is it possible to keep the visa if we just visit the USA? I know we would be giving up the green card process by just visiting and not staying, but hopefully we could at least keep the visa and apply for the green card again later. Any sort of advice, experiences, or information would be GREATLY appreciationed. Thank you.

[Jasmin 1]

I doubt you can delay the interview at the embassy for such a long time. I've heard about people delaying it for maybe a month or so, for example when they were on vacation or so. But 12-18 months is a really long time..

I thought it went like this: Once you get your visa, you have 6 months to activate it. And I thought that you can leave the US again afterwards to settle everything back in your country until you are ready to move, but there's also a timelimit there.. I am sure somebody can clarify that.

[MargotDarko 0]

I'm going through direct filing, so I'm not exactly sure how your process works. Once the embassy receives the actual visa application and readiness for interview form, there isn't a way for you to really delay it (perhaps if the interview date they first give isn't possible then you could request another date, but not an actual delay). Also, once an I-130 petition is approved, it's only good a for a year, so there's no way to delay by 12 to 18 months.

The other commenter is right that the visa is good for six months. Your and your wife could visit the US to activate the visa, stay with family for a bit and make sure the green card comes through okay and do the SSN bit. You could then return to Japan to finish things, but you'll want to be careful. You shouldn't have too much of a problem spending up to a year back in Japan after finishing the process in America, but I wouldn't cut it close. And I would definitely make sure a friend or a family member was willing to let me to say their address was the permanent address of my spouse and I and that the stay in Japan was the temporary address.

[GoThere 0]

Thank you very much for your quick replies. I really appreciate it.

And I thought that you can leave the US again afterwards to settle everything back in your country until you are ready to move, but there's also a timelimit there.. I am sure somebody can clarify that.

I will try to find out the exact period, thank you for mentioning that. I had not considered that there could be a limit.

The other commenter is right that the visa is good for six months. Your and your wife could visit the US to activate the visa, stay with family for a bit and make sure the green card comes through okay and do the SSN bit.

I suppose it would be wishful thinking to have hopes that it might arrive within a week? I am starting to think that perhaps it will be easier if I just find a job in the USA.

[MargotDarko 0]

Thank you very much for your quick replies. I really appreciate it.

And I thought that you can leave the US again afterwards to settle everything back in your country until you are ready to move, but there's also a timelimit there.. I am sure somebody can clarify that.

I will try to find out the exact period, thank you for mentioning that. I had not considered that there could be a limit.

The other commenter is right that the visa is good for six months. Your and your wife could visit the US to activate the visa, stay with family for a bit and make sure the green card comes through okay and do the SSN bit.

I suppose it would be wishful thinking to have hopes that it might arrive within a week? I am starting to think that perhaps it will be easier if I just find a job in the USA.

A week is a bit of wishful thinking, but two weeks is fairly realistic as long as there aren't any glitches.

It probably would be easier to find a job in the US, and also the non-risky road to take. You could wait to go to the US for the first time fairly close to the expiration of the visa (I would definitely leave some leeway just in case any travel plans go wrong), and then as long as you have an address to use in the US (a friend or family member), you could stay for a week or so and return to Japan for just a much shorter time - like three or four months instead of close to a year. Just being careful to return quite a while before the temp PR stamp in your wife's passport expires. That way you wouldn't have to wait for the physical green card.

The main issue really is always being able to safely say that actually your wife has established residence in the US and considers the US her home.

Edited July 2, 2007 by MargotDarko

[rika60607 215]

You have 6 months to enter the US after CR-1/IR-1 issued, you will then get a visa stamp in your passport at the Point Of Entry. This visa is as good as a greencard for work and travel, but the actual GC will arrive at least a month later. Then you can leave US (after establishing domicile in the US - at least get to use friend's address as your mailing and "permanent" address and get a bank account). Best to apply for SSN too, I believe SSN card will come in the mail.

You can stay outside of US for a maximum of 1 year, but it is best not to cut it close.

All that gives you ~18 months after embassy issues a visa. If it is YOU, not the NVC who schedules your appointment at the embassy, you can delay scheduling by saying your paperwork is not ready yet. Worst come to worst you can show up to the embassy lacking one vital document - like a police record that you ordered too late... or may be you did not fulfill immunizations yet... They will hold visa issuance until you provide all required documentation.

When there is an administrative process, there is always a way to delay it

But, take this advise at your own risk who knows, may be if you miss too many documents at the interview, they will put you on AR and you will be delayed another few months

All in all, this process is so lengthy and delays are possible for numerous reasons. Just follow the process at your own pace and you should be OK (just don't miss the 1 year anniversary of I-130 approval).

Good luck,

Rika

[GoThere 0]

Thank you for the replies everyone. Yes this process is quite long and full of complications and I definitely do not plan to do it a second time. We will just have to step up our savings plan and see how it goes. Thanks again for all of your input.