How long can an interview be delayed for?

[canadavisa22 202]

I have a scheduled interview next month but due to unforeseen circumstances, I want to delay my interview for the foreseeable future. Not just a few months or a year but possibly 5+ years potentially.

 

Am I able to delay an interview this long with the Consulate? If so, what are the steps to keep my file "active"? 

Do I simply email the Consulate once a year to let them know I wish to keep my file active but not reschedule my interview?

[Just Paul 4,595]

You need to contact the consulate one a year in order for them to keep it at the consulate.

[canadavisa22 202]

35 minutes ago, Paul & Mary said:

You need to contact the consulate one a year in order for them to keep it at the consulate.

What do I tell them in this case? Just reference my case number and say "I would like to keep my case file open but have not yet rescheduled my visa interview"?

[Just Paul 4,595]

Just now, canadavisa22 said:

What do I tell them in this case? Just reference my case number and say "I would like to keep my case file open but have not yet rescheduled my visa interview"?

Just that you aren't ready to interview.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.

[canadavisa22 202]

On 11/16/2020 at 12:48 PM, Paul & Mary said:

Just that you aren't ready to interview.

I received this response from the Consulate:

"Immigration and Nationality Act (INA) section 203(g) provides that the “Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year” of notice of visa availability. The petition may be reinstated if, within two years of notice of visa availability, the alien establishes that the “failure to apply was for reasons beyond the alien’s control.” Therefore, if you do not respond to notices from NVC within one year you risk termination of your petition under this section of law and would lose the benefits of that petition, such as your priority date."

 

The email made it seem like if you don't have your interview within one year of the date you are first offered one, that your petition would be terminated. But then this line "Therefore, if you do not respond to notices from NVC within one year you risk termination of your petition" is kind of confusing. Have you seen others postpone interviews for longer than a year?

[Just Paul 4,595]

On 11/24/2020 at 11:15 AM, canadavisa22 said:

Have you seen others postpone interviews for longer than a year?

Yes.  You have to keep in contact with them before a year.  Don't wait to the last month. 

 

Once an I-130 is approved it never expires.  Worst case is it gets sent back to the US and you have to do an I-824 to get it send back.  

[canadavisa22 202]

11 hours ago, Paul & Mary said:

Yes.  You have to keep in contact with them before a year.  Don't wait to the last month. 

 

Once an I-130 is approved it never expires.  Worst case is it gets sent back to the US and you have to do an I-824 to get it send back.  

Ok, thanks. I'll just play it safe and email the Consulate every 6-8 months and tell them that I am not ready to reschedule my interview and ask for confirmation they received my response.

[canadavisa22 202]

I emailed the Consulate back and received this response:

 

 

I emailed back to clarify if my file would simply be sent back to NVC or USCIS and awaiting a response which takes about a week.

 

I'm not sure if there are new rules or each Consulate is different, but hopefully this isn't the case.

[ooman7 1]

Did you receive a reply? My wife and I will be in a similar situation soon. They haven't scheduled our interview yet, but we had some unforeseen issues with work/housing come up after becoming documentarily qualified. What timing! I hope you're able to delay as needed. Did they get back to you?

[canadavisa22 202]

On 1/14/2021 at 12:19 AM, ooman7 said:

Did you receive a reply? My wife and I will be in a similar situation soon. They haven't scheduled our interview yet, but we had some unforeseen issues with work/housing come up after becoming documentarily qualified. What timing! I hope you're able to delay as needed. Did they get back to you?

They said I could only delay for a year before the case interview would be terminated. They never said if it would go back to NVC or USCIS. I asked for clarification again and they haven't responded since (about six weeks now). 

 

The clarification was in regards to this information - https://fam.state.gov/fam/09FAM/09FAM050413.html

(CT:VISA-544;   03-28-2018)
a. Failure to Appear:  The Department (CA/VO) considers the end of the one-year period to apply for the visa to be a mandated date triggering termination of the petition for inactive applications.  The one-year period stops, however, if during that time the applicant takes substantive steps to apply for the visa, such as rescheduling the immigrant visa appointment date.  If the applicant reschedules the appointment date within one year of an initial failure to appear  the one-year period to take action on the visa would begin anew on the new appointment date.

 

 

Edited January 17, 2021 by canadavisa22