IR1/CR1 - How to pause the process

[Tesco 71]

This could impact me and many others too. I thought I’d put this out there, asking about the stages of pausing an IR/1 Immigrant visa.

 

With those soon to receive the Welcome Letter from NVC, how long can you pause? I understand you can hold off on doing anything for up to a year, but can you for example pay the AOS fee, wait 11 months, pay another fee, wait again…?

 

What if you’ve already submitted all the documentation, have the thumbs up from NVC and now have the interview date for embassy. How long can the interview be pushed back?

 

Assuming you have your immigrant visa in hand (probably more of an immediate issue right now), how long can you delay U.S. entry beyond the 6 months and what would those steps be to enable this?

 

I understand that the medical is good for 6 months and the visa fees good for 6 or 12 months? Ultimately with events evolving by the hour, the ability maybe removed for individuals’ to proceed for whatever the reason.

Thanks

[JFH 12,190]

NVC will close any case that has had no activity for 12 months. So, yes, you can pay a fee and do nothing for 11 months and then pay the next fee or send the documents. 
 

If you are already DQ the interview will be assigned by the NVC for the London embassy. Once you have a date, the interview later tells you what to do if you need to postpone it.
 

The visa can only be extended by having another medical. 

All this is not necessarily needed for spouses. They are not included in the ban so can proceed as normal with coming to the US. Unless you have other reasons for wanting to delay your arrival.

[Wuozopo 4,293]

4 hours ago, Tesco said:

Assuming you have your immigrant visa in hand (probably more of an immediate issue right now), how long can you delay U.S. entry beyond the 6 months and what would those steps be to enable this?

The embassy website addresses that

 

What if my medical runs out before I travel to the United States?

The validity of the visa is linked to the validity of the medical report.  If your visa has been issued and you will not use the visa before the expiry date, you are required to return your passport and visa package to the Embassy for cancellation with a covering letter explaining why you did not use the visa once the visa expires .  If you wish, you may request that the visa is re-issued.  If the Consular officer determines that the reason for not traveling was due to circumstances beyond your control, you will be required to attend a new medical, obtain a new UK police certificate (if the previous certificate was issued more than 12 months ago) and pay new visa issuance fees.

[canadavisa22 202]

On 3/15/2020 at 6:25 PM, JFH said:

All this is not necessarily needed for spouses. They are not included in the ban so can proceed as normal with coming to the US. Unless you have other reasons for wanting to delay your arrival.

I'm in a different country but having a hard time finding a more concrete answer to this.

 

I am already DQ and was in line to be scheduled for an interview in April, so once appointments begin again I'd imagine I'd get notice 1-2 months after that point. However, my spouse and I would like to indefinitely delay the interview (we both live together overseas). It would likely be a delay of 2+ years, maybe up to 5 - not really sure at this point.

 

How long can you delay your interview for? I was told that you could just contact the embassy before your interview is scheduled to let them know of your plans and once you're ready to proceed you can submit an I-824 (not sure if that's the right form) in order for them to pull your I-130 "out of storage". I may end up back at NVC but that's not really a big deal.

Any insight into this process - is the above accurate?

 

Edit - I've emailed the embassy asking this question but they only responded with a generic message about COVID blah blah blah

Edited June 24, 2020 by canadavisa22

[Just Paul 4,595]

First of all an USCIS I-130 approval never expires until a VISA is issued.

 

On 3/15/2020 at 1:37 PM, Tesco said:

With those soon to receive the Welcome Letter from NVC, how long can you pause? I understand you can hold off on doing anything for up to a year, but can you for example pay the AOS fee, wait 11 months, pay another fee, wait again…?

You can delay at the NVC by taking you time between each step and keeping in contact with them once a year.

On 3/15/2020 at 1:37 PM, Tesco said:

What if you’ve already submitted all the documentation, have the thumbs up from NVC and now have the interview date for embassy. How long can the interview be pushed back?

Again you can keep in contact with the consulate at least every 12 months.

On 3/15/2020 at 1:37 PM, Tesco said:

Assuming you have your immigrant visa in hand (probably more of an immediate issue right now), how long can you delay U.S. entry beyond the 6 months and what would those steps be to enable this?

The visa expires when the medical expires.  If there is a good reason that the immigrant could not travel in that time, the consulate CAN (not must) reissue the visa after getting a new medical and possibly updated DS-260 and other documents.

 

Note that even with the current situation the US allows entry of VISA holders.  Like today a CR/IR holder from England can enter the US and self quarantine, but a K1 has to stay 14 days outside England in a country not subject to the travel ban.

 

18 minutes ago, canadavisa22 said:

once you're ready to proceed you can submit an I-824

 . . . if the case is sent back to the US or elapses at the NVC. 

 

The best option is to not have to use the I-824 and keep the petition at the consulate or NVC.   Consulate is better in light of being able to do an emergency appointment if there were to be another pandemic, etc.

[canadavisa22 202]

4 minutes ago, Paul & Mary said:

. . . if the case is sent back to the US or elapses at the NVC. 

 

The best option is to not have to use the I-824 and keep the petition at the consulate or NVC.   Consulate is better in light of being able to do an emergency appointment if there were to be another pandemic, etc.

So simply emailing the embassy once a year and receiving their confirmation that I'd like to further delay the interview should be sufficient to keep my file at NVC/the consulate?

 

If it's better to be at the Consulate, would you suggest waiting for them to schedule an interview for me and THEN requesting the delay?

Edited June 24, 2020 by canadavisa22

[Just Paul 4,595]

5 minutes ago, canadavisa22 said:

So simply emailing the embassy once a year and receiving their confirmation that I'd like to further delay the interview should be sufficient to keep my file at NVC/the consulate?

Yes - stays at the consulate not the NVC

6 minutes ago, canadavisa22 said:

If it's better to be at the Consulate, would you suggest waiting for them to schedule an interview for me and THEN requesting the delay?

NVC sets the appointment prior to sending it out.  You can cancel it online.

[canadavisa22 202]

1 minute ago, Paul & Mary said:

Yes - stays at the consulate not the NVC

NVC sets the appointment prior to sending it out.  You can cancel it online.

So right now my file is with the NVC. Once the consulates open up again and my interview is scheduled, my file is then sent to the Consulate - correct?

 

Then, cancel online as you suggested, and email the Consulate once a year with my original Case # and I should be good to go.

 

That all sound right?

[Just Paul 4,595]

53 minutes ago, canadavisa22 said:

Then, cancel online as you suggested, and email the Consulate once a year with my original Case # and I should be good to go.

I'd email the IV unit closer in, like at 10 months, and make sure you get a response