I-130 approved, but I don't want to move there anytime soon

[Julie28 4]

Hello everybody,

Those forums have been very helpful so far, so I am hoping again that you will be able to help me.

My I-130 has been approved and I received on April 28, 2018 an Email from the NVC saying that they received my case from the USCIS. They also mention at the end "If you do not log into CEAC or communicate with NVC regarding this immigrant visa case for a period of one year, by law the Department of State must terminate your visa application." 

The problem is that I do not plan to move to the USA yet. Our plans changed and right now, I work in Germany where I have a much better job, salary and insurance than I would have in the USA. Do you know how long my I-130 will be valid and what I should do to "keep" it? I also want to be able to visit him on an ESTA.

I don't know if it is relevant, but I am French, living and working in Germany. My husband is US citizen from NY. We got married exactly one year ago and filled the I-130 on September 1st, 2017.

Also if I wait longer, I will be able to apply for the IR1 and not the CR1 which is more interesting.

I would be very thankful for any advices, recommandations and/or experiences.

Julie

[Crazy Cat 42,218]

38 minutes ago, Julie28 said:

Do you know how long my I-130 will be valid and what I should do to "keep" it?

The I-130 itself has no expiration as long as the relationship between the petitioner and beneficiary is the same.

[pushbrk 13,102]

Judgmental posts aside, the OP can keep the current process alive for up to another year at the National Visa Center for each required response.  If they fail to respond within a year to NVC any NVC requirement, then the case can be "awakened" at a later date.

[Munak 19]

8 hours ago, Julie28 said:

Hello everybody,

Those forums have been very helpful so far, so I am hoping again that you will be able to help me.

My I-130 has been approved and I received on April 28, 2018 an Email from the NVC saying that they received my case from the USCIS. They also mention at the end "If you do not log into CEAC or communicate with NVC regarding this immigrant visa case for a period of one year, by law the Department of State must terminate your visa application." 

The problem is that I do not plan to move to the USA yet. Our plans changed and right now, I work in Germany where I have a much better job, salary and insurance than I would have in the USA. Do you know how long my I-130 will be valid and what I should do to "keep" it? I also want to be able to visit him on an ESTA.

I don't know if it is relevant, but I am French, living and working in Germany. My husband is US citizen from NY. We got married exactly one year ago and filled the I-130 on September 1st, 2017.

Also if I wait longer, I will be able to apply for the IR1 and not the CR1 which is more interesting.

I would be very thankful for any advices, recommandations and/or experiences.

Julie

Have nvc send you any email associate with invoice number and case number I wish if I were you you would have receive interview date since you file almost ayear ago but nvc is another long story I'm still waiting for case number in two months i130 approval doesn't have expiration I would suggest you come back before you reach a year if you are the beneficiary you DON'T have to come any soon who's the petitioner if is your husband why can't he finish the rest of the process since he's in us

[TBoneTX 46,071]

Several judgmental posts and replies have been removed.  Restrict your comments to answering the OP's questions.

[joshsinghvirk 4]

10 hours ago, Julie28 said:

Hello everybody,

Those forums have been very helpful so far, so I am hoping again that you will be able to help me.

My I-130 has been approved and I received on April 28, 2018 an Email from the NVC saying that they received my case from the USCIS. They also mention at the end "If you do not log into CEAC or communicate with NVC regarding this immigrant visa case for a period of one year, by law the Department of State must terminate your visa application." 

The problem is that I do not plan to move to the USA yet. Our plans changed and right now, I work in Germany where I have a much better job, salary and insurance than I would have in the USA. Do you know how long my I-130 will be valid and what I should do to "keep" it? I also want to be able to visit him on an ESTA.

I don't know if it is relevant, but I am French, living and working in Germany. My husband is US citizen from NY. We got married exactly one year ago and filled the I-130 on September 1st, 2017.

Also if I wait longer, I will be able to apply for the IR1 and not the CR1 which is more interesting.

I would be very thankful for any advices, recommandations and/or experiences.

Julie

Get the GreenCard and visit US and apply for Re-entry. You should be ok for atleast 4 years and can keep GC as well by staying outside the US.

[Julie28 4]

Thank you very much for those who gave me helpful answers! I will just ignore the messages that have already been deleted. And as someone mentioned, not everybody is desperate to live in the USA and it is not the ONLY existing option to be with my husband.

[Julie28 4]

6 hours ago, joshsinghvirk said:

Get the GreenCard and visit US and apply for Re-entry. You should be ok for atleast 4 years and can keep GC as well by staying outside the US.

Do you have any experience with that? Is it possible to enter it if I do not plan to move there yet, but a bit later?

I thought the CR1 is valid 2 years and the IR1 10 years. Thanks in advance.

[Roel 7,193]

11 hours ago, joshsinghvirk said:

Get the GreenCard and visit US and apply for Re-entry. You should be ok for atleast 4 years and can keep GC as well by staying outside the US.

Reentry permit is only good for 2 years... 

[Roel 7,193]

5 hours ago, Julie28 said:

Do you have any experience with that? Is it possible to enter it if I do not plan to move there yet, but a bit later?

I thought the CR1 is valid 2 years and the IR1 10 years. Thanks in advance.

Spouse visa gives you either 2 year green card or 10 year green card (based on marriage lenght). Visa validity is something different. 

 

You can have your green card good for 10 years but it means that you need to make US your primary residency. You can easily lose a green card if you don't live in the US. 

[joshsinghvirk 4]

16 minutes ago, Roel said:

Reentry permit is only good for 2 years... 

You can apply for Re-entry permit twice without any issue.

[felipeTAYA 18]

I think you can't or would have a hard time using ESTA, again. 

 

[pushbrk 13,102]

14 hours ago, Julie28 said:

Do you have any experience with that? Is it possible to enter it if I do not plan to move there yet, but a bit later?

I thought the CR1 is valid 2 years and the IR1 10 years. Thanks in advance.

Possible but not really a good option.  Immigrant visas are for immigrants.  Re-entry permits are for permanent residents who have a reason to live abroad for a time while intending to resume their residency.  These permits must be applied for BEFORE you leave.  Delaying the process until you are ready to actually immigrate is the best course of action for YOUR circumstances, in my opinion.

[MjC772 94]

This is ironic you bring this up because I am in a similar situation and it has become a struggle for me. I have been living in Peru with my wife heading on 9 years. We have a 6 (almost 7) year old child (also USC) together and she is in a good, semi-pricey private school, I have asthma and get my albuterol inhalers here for S/10 ( ~$3.00USD) compared to hundreds in the US (without insurance). Sometimes I wonder if moving to the US is such a great idea FOR US. But that said, I would like for my wife to at least get citizenship. Hell, after being married to me for almost 9 years she should get citizenship without having to meet any requirements and quite possibly she should even receive the Medal of Honor, maybe even a purple heart. Anyway, I'm just yacking and joking....but, if its any consolation, I do feel your trepidation. 

[pushbrk 13,102]

On 7/30/2018 at 8:49 PM, MjC772 said:

This is ironic you bring this up because I am in a similar situation and it has become a struggle for me. I have been living in Peru with my wife heading on 9 years. We have a 6 (almost 7) year old child (also USC) together and she is in a good, semi-pricey private school, I have asthma and get my albuterol inhalers here for S/10 ( ~$3.00USD) compared to hundreds in the US (without insurance). Sometimes I wonder if moving to the US is such a great idea FOR US. But that said, I would like for my wife to at least get citizenship. Hell, after being married to me for almost 9 years she should get citizenship without having to meet any requirements and quite possibly she should even receive the Medal of Honor, maybe even a purple heart. Anyway, I'm just yacking and joking....but, if its any consolation, I do feel your trepidation. 

She would have to meet the 3 year continuous US Lawful Permanent Resident requirement, at the very least, in order to Naturalize.  She will have to meet all the requirements that apply to her personal circumstances.

 

Edited August 2, 2018 by pushbrk