Did I wait too long to file?

[davidvs 354]

My wife's I-130 was approved on 9/4/2019. For various reasons we did not have her file sent to NVC right away. For some reason I thought it was approved in late September, not early September. I just filled out her I-824 to have the file sent to NVC and will send it overnight today (9/2/20).

 

I know the original I-130 will expire after 1 year of no action. My question is, will it expire if I have the envelope postmarked today/received by 9/4 or did I wait too long?

 

-Very worried...

 

Thanks

[NikLR 13,232]

an approved I-130 never expires, it goes in to the records department.  They automatically are sent to the NVC.  Have you tried contacting the NVC to see if the file is still there vs wasting the money on an I-824?

Edited September 2, 2020 by NikLR

[Lucky2Lucky 2,526]

self delete 

Edited September 2, 2020 by Luckycuds

[davidvs 354]

2 minutes ago, NikLR said:

an approved I-130 never expires, it goes in to the records department.  They automatically are sent to the NVC.  Have you tried contacting the NVC to see if the file is still there vs wasting the money on an I-824?

It is not always sent automatically to NVC. As my wife is currently in the US, we have the option of filing for AOS, or consular processing depending which box is checked. We did not check either as we needed to confirm her current status. Her status precludes AOS at this time, so we need to send to NVC.

[NikLR 13,232]

11 minutes ago, davidvs said:

It is not always sent automatically to NVC. As my wife is currently in the US, we have the option of filing for AOS, or consular processing depending which box is checked. We did not check either as we needed to confirm her current status. Her status precludes AOS at this time, so we need to send to NVC.

Again, have you called? If you didn't send the I-485 they may not have assumed you were doing AOS either.  What did your NOA2 say?

[Crazy Cat 42,531]

Deleted.  I found the answer in OP's post history.

Edited September 2, 2020 by Lucky Cat

[davidvs 354]

1 minute ago, Lucky Cat said:

What is her current status?

She is C1/D and ineligible for AOS. 

[Demise 1,352]

18 hours ago, davidvs said:

My wife's I-130 was approved on 9/4/2019. For various reasons we did not have her file sent to NVC right away. For some reason I thought it was approved in late September, not early September. I just filled out her I-824 to have the file sent to NVC and will send it overnight today (9/2/20).

 

I know the original I-130 will expire after 1 year of no action. My question is, will it expire if I have the envelope postmarked today/received by 9/4 or did I wait too long?

 

-Very worried...

 

Thanks

Approved I-130s do not expire. Only thing that might happen with no action taken, if it's at the NVC is that they'll cancel the DOS processing part of it and send it back to USCIS. So it doesn't matter when you file I-824, as long as you're still married to each other.

[davidvs 354]

4 hours ago, Demise said:

Approved I-130s do not expire. Only thing that might happen with no action taken, if it's at the NVC is that they'll cancel the DOS processing part of it and send it back to USCIS. So it doesn't matter when you file I-824, as long as you're still married to each other.

Thank you, I guess I was getting confused over the 1 year expiration at NVC stage.

 

[HRQX 4,145]

On 9/3/2020 at 1:01 AM, Demise said:

Approved I-130s do not expire.

Correct, an I-130 does not expire. Although it could be sent to the National Records Center (NRC) and eventually destroyed.