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Bill Hamze

Petition early and then delay your own case?

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

My wife (vietnamese) and I are thinking about migrating to the US sometime in the next two years. 

 

We're planning to have kids, but we really would prefer to have our first kid in Vietnam before we move. 

 

Should we file the I-130 petition ASAP, and then delay the next steps?

 

Once the I-130 is approved, how long can we delay the visa application? 

 

After we apply for the visa, can we postpone the interview if we need to?  Or is that not recommended?

 

Unlike most people, we are not trying to get to the US as fast as possible. We want a longer runway. (the last thing I want is for my wife to be pregnant at the visa interview or when we have only 6 months to move to the U.S. upon IR1 visa approval)

 

 

Edited by Bill Hamze
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Filed: AOS (apr) Country: Thailand
Timeline

If you want to move in the next 2 years you wouldn't even need to delay it very much. I'm not up on current processing times but last time I was it was something like 12-14 months start to finish then 6 months or so before the visa expired. That would put you at 18-20 months.

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11 minutes ago, Bill Hamze said:

Should we file the I-130 petition ASAP, and then delay the next steps?

 

Once the I-130 is approved, how long can we delay the visa application?

For CR1/IR1, it'll take about 12-16 months from the filing of the I-130 until the interview. The visa will be valid for 6 months from the date of the medicals. 

 

You can delay things at the NVC stage (after I-130 is approved) by not submitting documents. To keep the case "alive", you have to contact them at least once a year. 


Once it gets to the Consulate in HCMC, I am not 100% sure how long you can delay it. I think once it gets to the Consulate, if nothing happens within 1 year, they will send the files back to the NVC for storage. 

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Your plan is thought out and you should do it.  It's much easier to delay at the NVC than it is to rush to move.  As long as you contact the NVC once a year and have your interview within a year of the IV (immigrant visa) fee you should be able to delay the interview for several years. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Wasn't aware it mattered where the petitioner is (I am abroad but could only do the paper form) but yeah, check it out!  Guess you can pay with a credit card right there as well...   https://www.uscis.gov/i-130

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