Re opening a case of US citizen applicant

[Nursewizard 1]

Hi to all, ive met someone in my neighborhood and accidentanly went on topic regarding immigration. This is her story: she was married to a US citizen 4 years ago. She received a letter from USCIS advising to prepare all the documents needed for the her petition but unfortunately she fails to do so because she doesnt know how to do it and how to start nobody want to extend help. Now she wants to join his husband coz hubby is living in hawaii and is 90 years old. Is she still eligible for a visa? The petioner is still alive. She is is here in philippines.

[Penguin_ie 5,994]

*** Moving from K1 fiance visa to CR-1 spousal visa process*****

She is elligible as she is legally married, but her husband, the petitioner, must get the ball rolling. One would think he'd have done that in the last 4 years if he wanted to...

[Nursewizard 1]

You mean the petitioner will file AGAIN for her?

[Penguin_ie 5,994]

If she was asked to send documents for the petition, that means the I-130 was never approved, it never left USCIS. Additionally, even if it was approved, they are normally kept for a year and then if the couple doesn't act on it, trashed. You can;t expect them to keep a unfinished petition live for 4+ years.

That being said, if the husband still has the old paperwork with the case number, he could call up USCIS and see if, by some fluke, the petition is still active.

[pushbrk 12,975]

If she was asked to send documents for the petition, that means the I-130 was never approved, it never left USCIS. Additionally, even if it was approved, they are normally kept for a year and then if the couple doesn't act on it, trashed. You can;t expect them to keep a unfinished petition live for 4+ years.

That being said, if the husband still has the old paperwork with the case number, he could call up USCIS and see if, by some fluke, the petition is still active.

The above answer presumes (probably incorrectly) that the reader knows the correct terminology. It appears, they don't. I suspect the i-130 is approved and the foreign spouse was asked to send the civil documents and visa application, not documents to support the petition. Foreigners do not receive requests for evidence while a petition is being adjudicated.

This case will need an I-824 from the petitioner to get the petition out of storage and moved back to the National Visa Center, so the process can continue. This cannot be done without action from the US Citizen petitioner filing the I-824 and following through with the affidavit of support, once the case gets to the National Visa Center.

This foreign spouse should be eligible to APPLY for a visa, once the case is back at NVC, but whether she is eligible to be issued a visa, depends on information about which we have no actual knowledge.

Edited May 26, 2014 by pushbrk

[Penguin_ie 5,994]

Yeah, Pushbrk is probably right... find out what stage your neighbour's petition/ application exactly got to.

[cdneh 3,112]

Do I understand correctly, that the husband is 90 years old?

[Nursewizard 1]

Yeah he is 90 years old. But still can safely drive downtown according to wife