Old, abandoned I-130 petition reinstated?

[jp178686 6]

Originally, twelve years ago, my wife submitted an I-130 petition to begin the process of obtaining a K3 visa for me.Our petition was sent to the California Service Center and we received an NOA1, but shortly after we abandoned the application. We have since stayed in my home country of Canada, but recently we sent in another I-130 petition (for IR-1 visa) believing that the original petition had expired given that it has been twelve years. This recent petition has been received by NSC.

 

Today, I read on VJ that I-130's don't expire. So, if true, does that mean that our original petition might be reinstated, if requested, saving us time?

 

Thank-you.

[pushbrk 12,883]

Yes, it could be reinstated but it is unlikely to save time.

 

[jp178686 6]

19 minutes ago, pushbrk said:

Yes, it could be reinstated but it is unlikely to save time.

 

Thanks pushbrk!

I'm hoping that if there is an approved I-130 out there, it will save me 9+ months of waiting at the NSC prior to NVC stage.

[pushbrk 12,883]

1 hour ago, jp178686 said:

Thanks pushbrk!

I'm hoping that if there is an approved I-130 out there, it will save me 9+ months of waiting at the NSC prior to NVC stage.

You would file an I-824 to get the I-130 retrieved.  That will often take longer than getting a new one approved.  I don't think you read what I wrote very carefully or the complete sentence.

 

[maryLu 58]

We got an I 824 approved this year in 30 days. We were told it was going to be at least 6 months.  Our was an I140, approved in 2009.

Edited October 11, 2017 by maryLu

[acidrain 325]

1 hour ago, jp178686 said:

Originally, twelve years ago, my wife submitted an I-130 petition to begin the process of obtaining a K3 visa for me.Our petition was sent to the California Service Center and we received an NOA1, but shortly after we abandoned the application. We have since stayed in my home country of Canada, but recently we sent in another I-130 petition (for IR-1 visa) believing that the original petition had expired given that it has been twelve years. This recent petition has been received by NSC.

 

Today, I read on VJ that I-130's don't expire. So, if true, does that mean that our original petition might be reinstated, if requested, saving us time?

 

Thank-you.

I noticed you are filing from Canada? If that is the case if the file is older than a year or two the Canadian embassy normally destroys the file if you abandoned the application. This happened to my spouse and I and we had to start the process all over again. We had only applied a few years ago but they do not keep applications in Canada active unless you file the appropriate paperwork.

[jp178686 6]

54 minutes ago, pushbrk said:

 I don't think you read what I wrote very carefully or the complete sentence.

 

Not sure why that comment helps.  I read the first response carefully. All you said is that it can be reinstated and it won't save time. You didn't elaborate. 

[jp178686 6]

54 minutes ago, acidrain said:

I noticed you are filing from Canada? If that is the case if the file is older than a year or two the Canadian embassy normally destroys the file if you abandoned the application. This happened to my spouse and I and we had to start the process all over again. We had only applied a few years ago but they do not keep applications in Canada active unless you file the appropriate paperwork.

Thanks for the information, acidrain.

[pushbrk 12,883]

4 minutes ago, jp178686 said:

Not sure why that comment helps.  I read the first response carefully. All you said is that it can be reinstated and it won't save time. You didn't elaborate. 

The "It won't save time." was the key thing you missed.  If you file the I-824 and wait several months with no information, you may regret it.  Doing so is a big unknown, as the time to get the file from whatever archive it's stored in, can vary all over the place.  

 

Edited October 11, 2017 by pushbrk