I -130 Lapsed

[BomShiva 0]

I am a US citizen.

My alien wife and daughter are in the US on a k3 & k4 visa.

We were notified on March 1 2010 that our I-130 application and any petition approved were "canceled" because of our failure to apply for an immigrant visa within one year. The I - 130 application we had previously filed had effectively lapsed.

I have since written to the NVC requesting that our I-130 application be re-validated.

Should I now simply wait to hear back from them?

What are the chances of reinstatement?

Can we file an I-485 immediately?

Edited March 29, 2010 by BomShiva

[canadian_wife 1,829]

I assume you can file the I-130, I-485 and all supporting forms and documents. However, I would call, not write, to NVC and speak to a live person. Use your USCIS case file number to see what's going on before you refile.

FYI - if you do decide to file the I-130 etc again, you'll need one for each your wife and daughter.

Good luck.

[BomShiva 0]

I assume you can file the I-130, I-485 and all supporting forms and documents. However, I would call, not write, to NVC and speak to a live person. Use your USCIS case file number to see what's going on before you refile.

FYI - if you do decide to file the I-130 etc again, you'll need one for each your wife and daughter.

Good luck.

Thanks for your post canadian_wife

I did call NVC shortly after I received their notification and spoke with a live person. They advised that I write them stating that

a)my wife and daughter were in the US already on their K3 & K4 visa,

b)that I was going to file an I-485, and

c)also to state the reason why I had allowed the I-130 lapse.

(We were misinformed about the I-129F being contingent on the I-130 and thought the latter unnecessary if we filed for an I-129F instead).

What I would like to know is what are the chances of reinstatement given that my family is already in the US and how long before we get a reply?

What happens to their current status as K3 & K4 visitors if the reinstatement of the I-130 is refused and we have to re-file?

Edited March 29, 2010 by BomShiva

[canadian_wife 1,829]

Have you spoken with NVC since writing the letter? You need to say on this, because if you don't - they they sure won't. Call them every day if you need to in order to find out about this status of your case.

I have no idea what your chances are, I don't think anyone does as this is always adjudicated on a case by case basis

If you have to refile the I-130, I-485 etc, they will remain non-immigrants until that is processed and they receive their green cards

Good luck.