Can I-130 petition expire at NVC if DS3032 is returned late ?

[user786 0]

Our approved I-130 is at the NVC. The aproval date of the I-130 is December 2nd, 2006.

Can I-130 petition expire at NVC if DS3032 is returned late ?

Is there a time limit that the DS-3032 needs to be returned in ?

My US citizen husband couldn't meet the guidlines for I-864 and we had a long hard time finding someone to joint sponsor with the I-864.

Finally we have found someone after more than a year and a half of looking hard so now we are ready to move forward.

If we never returned the original DS-3032 as yet, can there be a problem when we send it in now ?

We have the original DS-3032 form and the original I-864 Fee Bill here with us right now.

Has anyone ever experienced or heard of this scenario ?

Is it possible that they can cancel the I-130 and tell us to reapply or can it be somehow reinstated if it is not active ?

What should we prepare for ?

Also our K3 visa is goign to expire in 4 months and we need to file I-539 extension. However, they need proof of AOS or IR1 being filed. So what proof do we send them for IR1 ? We want to do the IR1 in Montreal as it seems faster than doing AOS in Orlando, FL.

[girl 37 7]

Your case sounds pretty complex and quite different from what we usually see here. You should probably have a consultation with an experienced family immigration attorney.

[Yodrak 7]

user786,

Are you sure about that date?

I don't remembet the details or where to find them again, but I believe that the NVC should return the approved petition to the USCIS for cancellation on the basis of abandonment if there has been no response for a year. However, there has been some anecdotal evidence that they don't always do this and the petition could remain longer at the NVC, forgotten and ignored by both the NVC and the couple who failed to pursue the visa.

You cannot give CIS evidence of applying for the immigrant visa if you have not applied for the visa. If you want the visa, return the DS-3032 to the NVC filled out accordingly.

Yodrak

Our approved I-130 is at the NVC. The aproval date of the I-130 is December 2nd, 2006.

Can I-130 petition expire at NVC if DS3032 is returned late ?

.....

Also our K3 visa is goign to expire in 4 months and we need to file I-539 extension. However, they need proof of AOS or IR1 being filed. So what proof do we send them for IR1 ?

Edited October 20, 2006 by Yodrak

[simple_male 1]

Our approved I-130 is at the NVC. The aproval date of the I-130 is December 2nd, 2006.

Can I-130 petition expire at NVC if DS3032 is returned late ?

Is there a time limit that the DS-3032 needs to be returned in ?

My US citizen husband couldn't meet the guidlines for I-864 and we had a long hard time finding someone to joint sponsor with the I-864.

Finally we have found someone after more than a year and a half of looking hard so now we are ready to move forward.

If we never returned the original DS-3032 as yet, can there be a problem when we send it in now ?

We have the original DS-3032 form and the original I-864 Fee Bill here with us right now.

Has anyone ever experienced or heard of this scenario ?

Is it possible that they can cancel the I-130 and tell us to reapply or can it be somehow reinstated if it is not active ?

What should we prepare for ?

Also our K3 visa is goign to expire in 4 months and we need to file I-539 extension. However, they need proof of AOS or IR1 being filed. So what proof do we send them for IR1 ? We want to do the IR1 in Montreal as it seems faster than doing AOS in Orlando, FL.

If NVC does not hear from the petitioner/beneficiary for one year, then usually they cancel the process. But wait and see what NVC will reply. You should have proceeded with the process. Many people use co sponsor and it works for them.

[user786 0]

So should we forget about the immigrant visa at consulate route and just file I485 for AOS in Orlando so that we dont go out of status in Orlando? Then we can always use AP for travel if needed after the K3 expires? Or now does it mean that we cant file AOS either ?

[aussiewench 9]

So should we forget about the immigrant visa at consulate route and just file I485 for AOS in Orlando so that we dont go out of status in Orlando? Then we can always use AP for travel if needed after the K3 expires? Or now does it mean that we cant file AOS either ?

It is my understanding that to file for extension of K-3 status, one must be in the process of adjusting status. I might be wrong, but I just can't find any official reference to extension of stay without being in that process. It is assumed that when one enters on the K-3 that they will adjust status in a timely manner. This you haven't done yet.

I would not waste any time in applying for AOS as you also should apply for an extension to the K3 status before the status expires.

We recommend that you apply to extend your stay at least 45 days before your authorized stay expires, but the USCIS Service Center must receive your application by the day your authorized stay expires.

[thermophile 0]

my experience with an old i130. the story: we started the whole application process for an IR1 for my husband shortly after we got married in fall of 2003. For various reasons, most of them unknown to us, the i130 didn't get approved untill March 2005 3 months after I immigrated to Canada, so we just ignored it. we didn't get the first communication from NVC until June 2005. Then this summer, we got a letter from NVC saying that it had been a year since they heard from us and all forms and fees from the NVC process were thrown out. If we didn't respond within the next year the entire process, i130 approvial I assumed, would be tossed. Since I'm still in school in the states, we've picked up the application and everything seems to be fine. sent in the choice of agent and got and returned the AOS and IV bills. I've gathered from this that you just have to do some part of the application-like choice of agent-to keep the application alive.

[user786 0]

Thermophile and others, thanks for the response.

Thermophile please reply and let me know if you had to go through any of this below....

When you eventually sent in your DS-3032, how long did it take to get the fee bills back from them? Did it seem like it was a little longer than usual like if they were reviewing etc ?? I hope you remember... Maybe you did have to go through the same review process and didn't even realize it???? Who knows.....

So now, here is what happened with me so far today............

We spoke to the NVC and they told me to send them an email stating that we wanted to keep the case open and continue processing. They said they sent as a letter on March 6th, 2006 saying that we have one year from that date to follow-up with them and conitnue the procssing or they would terminate the petition on March 6th, 2007. I acknowledged that we did receive that letter and that we are ready to move forward now. I also asked them if we could file the DS-3032 by email after scanning it in with our scanner. The employee was very helpful and said it would be fine to scan in the DS3032 and send it with the same email and she said everything looks fine.

So we immediately got off the phone and went ahead and did what she said.

Now, after sending the emailed information, we get a response email from NVC that I have exactly copy and pasted lower down in this message.

So after getting the email response, I call up the NVC and got a very abrupt guy who insisted he doesn't know what will happen to our case and how long it will take because it is "pending termination". I asked him how come and what I was told before and he bluntly said he doesn't have any more info. I asked him what is "the review process" referred to in their email response and he said he has no idea. I asked him how long it will take and he said " there is no timeframe for the review". He was being very cut and dry and clearly seeming to have had a bad day and wanted to take it out on someone. I again asked him if he had any ballpark idea how long if he had to guess and he said "could be 2 weeks, could be 2 years. I have no idea."

Now we are really confused and don't know what to do. I am in the USA and my K3 visa will be expiring in March 2007 and to extend it we need to prove that we are awaiting immigrant visa processing at a foreign consulate or we are awaiting AOS. So what proof do we send with the I-539 extension form ? Or can I just go ahead and file AOS now ? I am feeling very confused at this time. Their letter sent on March 6th, 2006 clearly says that we have ONE YEAR from the date of the letter to continue processing or they will terminate the petition on March 6th, 2007.

Oh the guy on the phone at NVC did snap back and tell me that the petiotion was not terminated but that it is in a "PENDING TERMINATION" state and that is why it has to be reviewed. So fellow VJ'ers, is this something straightforward and I am overly worried for no reason or am I right for feeling freaked out ?

Here is the exact quoted response we got by email from NVC.

"Good Afternoon,

Your inquiry has been received at the National Visa Center (NVC).

Your termination response letter indicating you wish to proceed with the

processing of this petition has been received. At this time the case is

currently under review for reinstatement. Unfortunately, there is no time

frame for this processing. Further instructions will be sent after this

process has been completed.

Regards,

National Visa Center

MB3"

my experience with an old i130. the story: we started the whole application process for an IR1 for my husband shortly after we got married in fall of 2003. For various reasons, most of them unknown to us, the i130 didn't get approved untill March 2005 3 months after I immigrated to Canada, so we just ignored it. we didn't get the first communication from NVC until June 2005. Then this summer, we got a letter from NVC saying that it had been a year since they heard from us and all forms and fees from the NVC process were thrown out. If we didn't respond within the next year the entire process, i130 approvial I assumed, would be tossed. Since I'm still in school in the states, we've picked up the application and everything seems to be fine. sent in the choice of agent and got and returned the AOS and IV bills. I've gathered from this that you just have to do some part of the application-like choice of agent-to keep the application alive.

[Yodrak 7]

user,

The e-mail you received should be a good start. It clearly confirms that you have taken steps to pursue the immigrant visa.

If you want better guidance than you're going to get here, since very few people have been as careless with their case as you have been and consequently don't have any experience being in such a bind, you should spend a few dollars consulting with an immigration attorney before you get yourself into deeper doo-doo.

Yodrak

.....

Now we are really confused and don't know what to do. I am in the USA and my K3 visa will be expiring in March 2007 and to extend it we need to prove that we are awaiting immigrant visa processing at a foreign consulate or we are awaiting AOS. So what proof do we send with the I-539 extension form ? .....

Here is the exact quoted response we got by email from NVC.

"Good Afternoon,

Your inquiry has been received at the National Visa Center (NVC).

Your termination response letter indicating you wish to proceed with the

processing of this petition has been received. At this time the case is

currently under review for reinstatement. Unfortunately, there is no time

frame for this processing. Further instructions will be sent after this

process has been completed.

Regards,

National Visa Center

MB3"

Edited October 20, 2006 by Yodrak

[thermophile 0]

ok those dates that you gave-the one year letter saying that everything would be tossed in a year-makes me think that you are in roughly the same place as we were. our first letter from NVC was 6/2005, the second "if we don't hear from you..." 6/06.

I'm not exactly sure how long it took to get out of the review process. The hubby sent in the DS3032 in July-I'm not exactly sure when cause I'm also apparently really careless and shouldn't be treated with respect, or oh wait i have a life and job. Yondrak can kiss my ###.

Anyway, we were in the field all of Aug, then I had to come back to school, I think my husband got back to our house in Canada in mid-sept. When he got home there was a new DS3032 and a new AOS fee bill. We hadn't ever paid the AOS fee, but there was something in the warning letter about all forms and fees being forfited. So maybe filing the DS3032 in July just restarted our process and didn't really count?? I dont' know, he resubmitted the form in Sept. Then he was in the field again for 3 weeks and when he got home the IV bill was there.

sorry I don't have exact dates, but I don't think that you can really hurt the process by calling every once in a while to see how things are going. If a month or so goes by you/your husband might try talking to your senators/congressperson. Part of the long delay of our I130 getting approved was Nebraska lost the file, my senators office was really nice and helped me find out what was going on within a few days.

as an aside, have you checked if you can work under NAFTA? My husband's job isn't NAFTA approved but lots of jobs are. That may help with the 125%. I feel your pain in that too-grad students are also below the poverty line. totally sucks trying to find someone to co-sponsor.

I have no idea what you should do about your k-3 issue. good luck