Can you delay the CRI process after I-129 Approval?

[CapeG 1]

We have been lucky enough to be approved for both petitions and our I-129F case is on its way to London. As my husband and I miss each other so much we obviously want to be together asap and looks like this will be happening pretty soon.

My question is instead of AOS when I get to the US, we are thinking that it will just be easier for me to come back to the UK when my interview is scheduled.

However obviously I do not want to be coming back as soon as I get there, so if we hold off with mailing the forms back does the I-130 approval run out?

This makes sense? Basically if i delay sending back the AOS bill etc for about a month will the approval ever become void?

[Laura_and_IanM 0]

We have been lucky enough to be approved for both petitions and our I-129F case is on its way to London. As my husband and I miss each other so much we obviously want to be together asap and looks like this will be happening pretty soon.

My question is instead of AOS when I get to the US, we are thinking that it will just be easier for me to come back to the UK when my interview is scheduled.

However obviously I do not want to be coming back as soon as I get there, so if we hold off with mailing the forms back does the I-130 approval run out?

This makes sense? Basically if i delay sending back the AOS bill etc for about a month will the approval ever become void?

Hiya Gemma..right...I would have to say that the Approval does run out just like the I-129f runs out. If you notice on the approval, there is a valid from date and to date. Ours is valid from August 24 until Dec 24 2006. I would think that that would be the same. I wouldn't worry about it tho IMO. Think about it, the K-3 is moving pretty quick, you should be getting package 3 soon, and the interview shouldn't be too far off from that. Let's say you got the approval for the I-130 this month. Remember, it sits longer at NVC. Like 2-3 months. Then, the USC gets sent forms that have to be filled out by you and him, then gets sent to the consulate in London. Ian and I are going to just go with the K-3 then he will fly back for the I-130 interview. This will give him a chance to see the family again and will give him the big immigrant visa. I wouldn't worry too much at this time about it. Just think about the K-3 and what is ahead for that.

LJ

Sorry, didn't see that you got your approval already for the I-130. I still wouldn't worry. Just let them both play out. It will still be siiting longer at NVC.

Edited September 3, 2006 by Laura_and_IanM

[RKhalid 0]

Hi,

i'll tell you what happened to my husband...we were approved for I-129F K-3, and then he had his interview date scheduled and everything all ready...

However, our I-130 also became approved just two months after the I-129F petition was approved, and the U.S. embassy told us that now since the I-130 is approved (even though we didn't proceed with it at all, we didn't do an AOS , we were gonna just go with the I-129F) then we can not go forward with the I-129F, and there fore we abandoned the I-129F and had no choice but to proceed with I-130...now i duno if there is some law saying that you can not go for I-129F when your I-130 is approved already, all i know is that this is what happened to us.

Leona

[aussiewench 9]

We have been lucky enough to be approved for both petitions and our I-129F case is on its way to London. As my husband and I miss each other so much we obviously want to be together asap and looks like this will be happening pretty soon.

My question is instead of AOS when I get to the US, we are thinking that it will just be easier for me to come back to the UK when my interview is scheduled.

However obviously I do not want to be coming back as soon as I get there, so if we hold off with mailing the forms back does the I-130 approval run out?

This makes sense? Basically if i delay sending back the AOS bill etc for about a month will the approval ever become void?

Yes, you can delay the CR-1 process at NVC. From my case records from NVC...

If a period of one year passes without contacting NVC (by telephone or mail), all submitted fees and documents will expire. In this case, fees and documents will need to be resubmitted in order to continue the Immigration process.

My understanding of the above is that if there is a period of one year when no contact at all is made with NVC, then anything that has been submitted to NVC will expire. As long as you are continuing to submit fees/forms/documentation albiet delayed because you are stalling, then all should be fine.

An approved I-130 doesnt have an expiry date the same as the K visa petitions do. eg those that are LPR and are waiting on a priorty date (which can be years) are held at NVC until that priorty date is reached. An approved I-130 can also wait quite some time before being used to adjust status in the US from a K-3 visa.

Once an interview is scheduled and if you fail to contact the consulate, they will send you a letter giving you x amount of time to make contact with them. If they do not hear from you, your case will be deemed to of been abandoned. (wish I could find my link on this).

Hi,

i'll tell you what happened to my husband...we were approved for I-129F K-3, and then he had his interview date scheduled and everything all ready...

However, our I-130 also became approved just two months after the I-129F petition was approved, and the U.S. embassy told us that now since the I-130 is approved (even though we didn't proceed with it at all, we didn't do an AOS , we were gonna just go with the I-129F) then we can not go forward with the I-129F, and there fore we abandoned the I-129F and had no choice but to proceed with I-130...now i duno if there is some law saying that you can not go for I-129F when your I-130 is approved already, all i know is that this is what happened to us.

Leona

Wow, that is the first time I have read of that happening as many members have been in that situation and still interviewed for the K-3.

Edited September 3, 2006 by aussiewench

[CapeG 1]

Thank you Aussiewench, you speak my language as usual!

I think we will just slowly send the forms in, that way hope for a early 2007 interview which gives me the added bonus of coming home to see family!

[tom&tata 2]

Hi,

i'll tell you what happened to my husband...we were approved for I-129F K-3, and then he had his interview date scheduled and everything all ready...

However, our I-130 also became approved just two months after the I-129F petition was approved, and the U.S. embassy told us that now since the I-130 is approved (even though we didn't proceed with it at all, we didn't do an AOS , we were gonna just go with the I-129F) then we can not go forward with the I-129F, and there fore we abandoned the I-129F and had no choice but to proceed with I-130...now i duno if there is some law saying that you can not go for I-129F when your I-130 is approved already, all i know is that this is what happened to us.

Leona

Wow, that is the first time I have read of that happening as many members have been in that situation and still interviewed for the K-3.

RKhalid, it happened to our case that the I-129F document arrived at the embassy almost at the same time as the I-130 (after the long NVC process for I-130) & usually then the I-129F that leads to K-3 visa is no longer required. The embassy will arrange interview for I-130 that leads to immigrant visa.

But usually if you got your I I-130 approved at service center (and haven't completed NVC review) at the same time as I-129F, the I-129F will arrive at the embassy much faster because it does not go through the NVC review. It can take months for I-130 to be processed at NVC.

[simple_male 1]

We have been lucky enough to be approved for both petitions and our I-129F case is on its way to London. As my husband and I miss each other so much we obviously want to be together asap and looks like this will be happening pretty soon.

My question is instead of AOS when I get to the US, we are thinking that it will just be easier for me to come back to the UK when my interview is scheduled.

However obviously I do not want to be coming back as soon as I get there, so if we hold off with mailing the forms back does the I-130 approval run out?

This makes sense? Basically if i delay sending back the AOS bill etc for about a month will the approval ever become void?

You can delay the CR-1 process by not sending the information, packet requested by NVC. But if you don't send the requested information from NVC within one year of the requested date, then they will cancel your CR-1 process and you will start it over from the scratch (if it is needed).

I wonder, how did the Embassy came to know that your I-130 is approved also.