Intentionally delaying paperwork submission to NVC

[Holdanna 8]

Hello-

 

My son is F2A doing consular processing in Montreal. We are expecting I-130 to be approved around December. He still has a few semesters left to do in Montreal. How long can I delay  submitting the Affidavit and all paperwork to allow him to complete his college? Thanks!

[geowrian 22,338]

You can delay at NVC for at least a year, and longer if you keep the case updated. The visa is also valid for up to 6 months.

 

Just keep in mind CSPA to make sure he doesn't age out if he turns 21 or older. He must seek to acquire the visa within 1 year to remain CSPA eligible.

[Holdanna 8]

Thank you geowrian-

 

He will be 18 this August. But he will only complete college in May 2021. When does the 1 year time start? Is it when NVC receives the approved I-130 or is it when the I-130 is approved? Thanks!

[geowrian 22,338]

9 minutes ago, Holdanna said:

Thank you geowrian-

 

He will be 18 this August. But he will only complete college in May 2021. When does the 1 year time start? Is it when NVC receives the approved I-130 or is it when the I-130 is approved? Thanks!

The one year would generally start once both the I-130 is approved and his PD is current (i.e. once he is eligible to proceed through NVC).

 

See https://www.uscis.gov/greencard/child-status-protection-act:

Quote

Sought to Acquire Requirement

In order to benefit from CSPA as a family preference (including VAWA), employment-based preference, or DV applicant, you must seek to acquire lawful permanent resident status within 1 year of a visa becoming available to you. This is referred to as the “sought to acquire” requirement.

You may satisfy this requirement by:

• Properly filing a Form I-485, Application to Register Permanent Residence or Adjust Status; or
• Submitting a completed Part 1 of Form DS-260, Immigrant Visa Electronic Application; or
• Having a Form I-824, Application for Action on an Approved Application or Petition properly filed on your behalf.

If you fail to satisfy the sought to acquire requirement, USCIS may use its discretion to excuse you from this requirement if you can establish that your failure to do so was the result of extraordinary circumstances. 

 

Edited June 13, 2019 by geowrian

[Holdanna 8]

Thanks again! I-130 should be approved mid-December and F2As are current as of today. This tells me that I can wait one year from the time his I-130 is approved.

[NikLR 13,231]

You can submit the documents and payments quite slowly and drag this out several years but as mentioned, make sure he doesn't age out. 

[Holdanna 8]

Thanks

[vince88 57]

9 hours ago, NikLR said:

You can submit the documents and payments quite slowly and drag this out several years but as mentioned, make sure he doesn't age out. 

My sister also wants to drag out her application for several years, do you think by submitting 1 docs at a time will extend the time limit for 1 year for each docs submission?

[NikLR 13,231]

4 hours ago, vince88 said:

My sister also wants to drag out her application for several years, do you think by submitting 1 docs at a time will extend the time limit for 1 year for each docs submission?

Depends on how you choose to extend the time.  Once you pay the IV fee yiu have a year to submit thr ds-260, unless you want to pay it again. 

[vince88 57]

1 hour ago, NikLR said:

Depends on how you choose to extend the time.  Once you pay the IV fee yiu have a year to submit thr ds-260, unless you want to pay it again. 

So do you think it's going to work like this: PD current --1 year -->pay IV fee --1 year--> submit ds260 --1year--> aos docs submission --1year-> civil docs submission. CMIIW 

 

Thanks

[NikLR 13,231]

to be honest this is a thread hijack.  NO I think the order matters since the DS-260 is the visa application and should be done with in a year of interview. 

[NikLR 13,231]

23 hours ago, vince88 said:

So do you think it's going to work like this: PD current --1 year -->pay IV fee --1 year--> submit ds260 --1year--> aos docs submission --1year-> civil docs submission. CMIIW 

 

Thanks

better:

pay AOS fee-> wait 1 year -> submit AOS documents -> wait 1 year  -> pay IV fee -> submit DS-260 and civil documents within 12 months so that they're current for interview.  Bring new AOS to interview.  

2 years realistically is the longest you should probably drag this out safely. 

[vince88 57]

On 6/15/2019 at 2:15 PM, NikLR said:

to be honest this is a thread hijack.  NO I think the order matters since the DS-260 is the visa application and should be done with in a year of interview. 

I didn't realized that, apologise for this and probably the mod can move this to a new thread?

 

 

5 hours ago, NikLR said:

better:

pay AOS fee-> wait 1 year -> submit AOS documents -> wait 1 year  -> pay IV fee -> submit DS-260 and civil documents within 12 months so that they're current for interview.  Bring new AOS to interview.  

2 years realistically is the longest you should probably drag this out safely. 

Thanks for you feedback, I read on other thread that it is possible to delay as long as we want as long we keep in contact either with NVC/embassy at least once a year

[Holdanna 8]

I don't mind- so long as it's correct information

[mrsgeorge1 43]

On 6/14/2019 at 4:43 PM, vince88 said:

My sister also wants to drag out her application for several years, do you think by submitting 1 docs at a time will extend the time limit for 1 year for each docs submission?

i have bn dragging mine since i paid all the fees at nvc..i have uploaded some documents but havent submitted any.. i called nvc yesterday and i remember asking the guy how i have to submit the documents.. he told me there is no time limit as long as i log into my ceac account and call nvc  once in a while.. i was totally received since i got my case number and all in november of last year.