Timing the medical and interview

[seekingthetruth 1,246]

Today I submitted the I-130s for my wife and stepdaughter, so the long journey officially begins!  I mentioned in another topic that timing is important to us.  Probably not speeding things up, but slowing the process at some point.  For the sake of discussion, let's assume that the Covid impact on the end to end process is greatly reduced by the second half of 2021, and the process has returned to close to "normal.

 

The ideal move date for my family is June, 2022, when my daughters finish the school year.  Understanding that my wife and stepdaughter must arrive in the U.S. six or less months after the medical, I am trying to see how I can make sure the medical and interview are not required before early 2022.  I think my ideal target window for the interview, after the medical, would be about March 2022.  That would give me the passports and visas in hand by April, and give me a 2 month window to book some tickets at a reasonable price.

 

So what steps allow me to try and hit my target window of March 2022?  I have a few Manila specific questions in here.

 

1.  During the NVC processing, there is a year or more to play with, if needed.  You just need to keep in contact to keep the year rolling forward, correct?

 

2.  During the NVC process, what are the easy things to delay?  I think someone mentioned NBI clearances.  Some others were having difficulties with tax transcripts.  I probably won't be able to get my 2020 tax transcripts until second half of 2021.  With any of those, or other documents, after we physically get them,  I can just hold them until I think my timing will be right?

 

3.  Given a return to normality and given the March 2022 target date, what would be my sweet spot month to be DQ'd?  Perhaps December 2021?

 

4.  Based on recent posts, it seems I have flexibility with timing the SLEC medical and the Manila embassy interview???  NVC documentation indicates that they schedule interviews, but based on posts, it seems that they have nothing to do with scheduling interviews in Manila.  Correct?  Is this only during the Covid situation?  Can I use the flexibility of SLM and interview dates to hit my target date?

 

Thanks for your input!

 

 

[payxibka 10,045]

21 minutes ago, seekingthetruth said:

Today I submitted the I-130s for my wife and stepdaughter, so the long journey officially begins!  I mentioned in another topic that timing is important to us.  Probably not speeding things up, but slowing the process at some point.  For the sake of discussion, let's assume that the Covid impact on the end to end process is greatly reduced by the second half of 2021, and the process has returned to close to "normal.

 

The ideal move date for my family is June, 2022, when my daughters finish the school year.  Understanding that my wife and stepdaughter must arrive in the U.S. six or less months after the medical, I am trying to see how I can make sure the medical and interview are not required before early 2022.  I think my ideal target window for the interview, after the medical, would be about March 2022.  That would give me the passports and visas in hand by April, and give me a 2 month window to book some tickets at a reasonable price.

 

So what steps allow me to try and hit my target window of March 2022?  I have a few Manila specific questions in here.

 

1.  During the NVC processing, there is a year or more to play with, if needed.  You just need to keep in contact to keep the year rolling forward, correct?

 

2.  During the NVC process, what are the easy things to delay?  I think someone mentioned NBI clearances.  Some others were having difficulties with tax transcripts.  I probably won't be able to get my 2020 tax transcripts until second half of 2021.  With any of those, or other documents, after we physically get them,  I can just hold them until I think my timing will be right?

 

3.  Given a return to normality and given the March 2022 target date, what would be my sweet spot month to be DQ'd?  Perhaps December 2021?

 

4.  Based on recent posts, it seems I have flexibility with timing the SLEC medical and the Manila embassy interview???  NVC documentation indicates that they schedule interviews, but based on posts, it seems that they have nothing to do with scheduling interviews in Manila.  Correct?  Is this only during the Covid situation?  Can I use the flexibility of SLM and interview dates to hit my target date?

 

Thanks for your input!

 

 

1.  Correct

2.  Correct 

3.  Once you are DQd, the appointment can be rescheduled if needed.  Also,  don't forget the visa has a 6 month from medical expiration date 

4.  SLEC is the least of the worries and getting medicals done have never been a problem 

[seekingthetruth 1,246]

17 minutes ago, payxibka said:

1.  Correct

2.  Correct 

3.  Once you are DQd, the appointment can be rescheduled if needed.  Also,  don't forget the visa has a 6 month from medical expiration date 

4.  SLEC is the least of the worries and getting medicals done have never been a problem 

So the first interview appointment date is set by NVC or US embassy Manila?  Are there any limits to rescheduling the interview?  Either in number of reschedules or length of time?  Assuming medical is not done.

[payxibka 10,045]

1 minute ago, seekingthetruth said:

So the first interview appointment date is set by NVC or US embassy Manila?  Are there any limits to rescheduling the interview?  Either in number of reschedules or length of time?  Assuming medical is not done.

First by NVC, then any reschedules are done by applicant.  In reality,  there are no limits per se, but I think it is two reschedules before they give you a time-out and you need to call them versus doing it online. Somebody will confirm. 

 

Theoretically,  the i130 never expires and as long as you stay in contact with the consulate, they will keep the petition on station versus returning it to NVC for long term storage 

[Hank_ 9,174]

3 hours ago, seekingthetruth said:

Today I submitted the I-130s for my wife and stepdaughter, so the long journey officially begins!  I mentioned in another topic that timing is important to us.  Probably not speeding things up, but slowing the process at some point.  For the sake of discussion, let's assume that the Covid impact on the end to end process is greatly reduced by the second half of 2021, and the process has returned to close to "normal.

 

The ideal move date for my family is June, 2022, when my daughters finish the school year.  Understanding that my wife and stepdaughter must arrive in the U.S. six or less months after the medical, I am trying to see how I can make sure the medical and interview are not required before early 2022.  I think my ideal target window for the interview, after the medical, would be about March 2022.  That would give me the passports and visas in hand by April, and give me a 2 month window to book some tickets at a reasonable price.

 

So what steps allow me to try and hit my target window of March 2022?  I have a few Manila specific questions in here.

 

1.  During the NVC processing, there is a year or more to play with, if needed.  You just need to keep in contact to keep the year rolling forward, correct?

 

2.  During the NVC process, what are the easy things to delay?  I think someone mentioned NBI clearances.  Some others were having difficulties with tax transcripts.  I probably won't be able to get my 2020 tax transcripts until second half of 2021.  With any of those, or other documents, after we physically get them,  I can just hold them until I think my timing will be right?

 

3.  Given a return to normality and given the March 2022 target date, what would be my sweet spot month to be DQ'd?  Perhaps December 2021?

 

4.  Based on recent posts, it seems I have flexibility with timing the SLEC medical and the Manila embassy interview???  NVC documentation indicates that they schedule interviews, but based on posts, it seems that they have nothing to do with scheduling interviews in Manila.  Correct?  Is this only during the Covid situation?  Can I use the flexibility of SLM and interview dates to hit my target date?

 

Thanks for your input!

 

 

You have up to a year to complete the process at NVC, all you need to do is start the process in a timely manner, then be a little slow with finalizing all the documents to obtain DQ status.   < that would give you the year of flexibility you are looking for.

 

If the beer virus is still slowing things down you won't have many issues with delaying the process.

 

Once you are DQ NVC would contact the embassy for your interview schedule, after that your wife and step-daughter would complete their medicals.

[payxibka 10,045]

You have a year to start the process at NVC.  As long as you keep in contact with NVC at least annually, you can extend the completion date into perpetuity. 

[angeljolie 188]

We are looking at submitting documents to NVC this weekend. Do we need to be DQd before booking medical appointments? Or can we book the medical for next month (SLEC’s site states bookings are only good up to a month)? 

[payxibka 10,045]

21 minutes ago, angeljolie said:

We are looking at submitting documents to NVC this weekend. Do we need to be DQd before booking medical appointments? Or can we book the medical for next month (SLEC’s site states bookings are only good up to a month)? 

I would wait until you have a  scheduled interview 

[seekingthetruth 1,246]

On 12/1/2020 at 5:03 AM, payxibka said:

You have a year to start the process at NVC.  As long as you keep in contact with NVC at least annually, you can extend the completion date into perpetuity. 

 

On 12/1/2020 at 4:39 AM, Hank_ said:

You have up to a year to complete the process at NVC, all you need to do is start the process in a timely manner, then be a little slow with finalizing all the documents to obtain DQ status.   < that would give you the year of flexibility you are looking for.

 

If the beer virus is still slowing things down you won't have many issues with delaying the process.

 

Once you are DQ NVC would contact the embassy for your interview schedule, after that your wife and step-daughter would complete their medicals.

So now their cases are at NVC.  I will open up their accounts at CEAC this week, and that starts the one year clock.  Just to be clear, when @payxibka said above that I just have to keep in contact annually, does that mean that every time I do an activity, the one year window gets pushed out?  E.g., I upload my tax docs in July 2021.  Does that push the one year window out to July 2022?  Or do I have to actually communicate with them as in e-mail or verbal?

 

I want them to use my 2020 tax returns but I will not be filing those for quite a few months, so that is one delay already built in.

[payxibka 10,045]

7 minutes ago, seekingthetruth said:

 

So now their cases are at NVC.  I will open up their accounts at CEAC this week, and that starts the one year clock.  Just to be clear, when @payxibka said above that I just have to keep in contact annually, does that mean that every time I do an activity, the one year window gets pushed out?  E.g., I upload my tax docs in July 2021.  Does that push the one year window out to July 2022?  Or do I have to actually communicate with them as in e-mail or verbal?

 

I want them to use my 2020 tax returns but I will not be filing those for quite a few months, so that is one delay already built in.

You don't need to talk to anyone.   Slow boating your document uploads is a way to keep pushing the clock forward

[Hank_ 9,174]

2 hours ago, seekingthetruth said:

 

So now their cases are at NVC.  I will open up their accounts at CEAC this week, and that starts the one year clock.  Just to be clear, when @payxibka said above that I just have to keep in contact annually, does that mean that every time I do an activity, the one year window gets pushed out?  E.g., I upload my tax docs in July 2021.  Does that push the one year window out to July 2022?  Or do I have to actually communicate with them as in e-mail or verbal?

 

I want them to use my 2020 tax returns but I will not be filing those for quite a few months, so that is one delay already built in.

Yes

[seekingthetruth 1,246]

On 12/1/2020 at 5:03 AM, payxibka said:

You have a year to start the process at NVC.  As long as you keep in contact with NVC at least annually, you can extend the completion date into perpetuity. 

 

On 12/1/2020 at 4:39 AM, Hank_ said:

You have up to a year to complete the process at NVC, all you need to do is start the process in a timely manner, then be a little slow with finalizing all the documents to obtain DQ status.   < that would give you the year of flexibility you are looking for.

@payxibka @Hank @JeanneAdil

 

I think Hank meant "start" up there?

 

I started a new topic similar to this one to get updated information.  Our situation changed.  When I started this topic a year ago, we kinda fit within "normal" timelines.  Now, we are delaying for one year and trying to push the process out further, into 2023.

https://www.visajourney.com/forums/topic/775443-ir-1-ir-2-stalling-keeping-case-alive-techniques/

 

I wanted to touch back on this original topic for clarification.  I have dug up some good information on INA 203(G), in the FAM (Foreign Affairs Manual).

 

https://fam.state.gov/fam/09FAM/09FAM050413.html

 

9 FAM 504.13-2  INACTIVE CASES

9 FAM 504.13-2(A)  Termination of Inactive Cases

(CT:VISA-1413;   11-03-2021)

INA 203(g) provides for termination of registration of the visa petition of any individual who fails to apply for an IV within one year following notification to the applicant of the availability of a visa.  But INA 203(g) also permits reinstatement of the registration where the individual establishes within 2 years following the date of notification of the availability of such visa that such failure was due to circumstances beyond their control.

9 FAM 504.13-2(A)(1)  When a Case is “Inactive”

(CT:VISA-1413;   11-03-2021)

An applicant becomes liable to possible termination of registration under INA 203(g) if the applicant:

(1)  Has not made an application for a visa within one year of notice of visa availability.  The beneficiary has one year to make an application for a visa, beginning on the date the notice of visa availability is issued.

(2)  Does not respond to the appointment notice included with the Immigrant Visa Appointment Package, meaning that the applicant fails to appear for a visa application interview on the scheduled appointment date and fails to take further action on the case within one year of the scheduled interview;

(3)  Is refused at the interview under INA 221(g), and fails to present evidence purporting to overcome the basis for a refusal under INA 221(g) within one-year following the refusal; or

(4)  Fails to comply with the Follow-up Instruction Package for Immigrant Visa Applicants or logs into their CEAC account within one year.

 

So, my interpretation of all the information is this:

 

1.  The beneficiary has one year to file an application after "notice of visa availability", which I think is the NVC Welcome e-mail.  In our case, this is about 2/26/21.  That means we must file the DS 260 by 2/25/22 or risk getting a 203(g) letter.  This has no bearing on the I-864 or supporting documents. 

2. After filing the DS 260, the case will be open at NVC as long as we are active on CEAC.  Logging in, adding documents, deleting documents, etc.  Probably no need to call, as Payxibka indicated.

3.  When ready, we submit everything and wait for approval and Visa Appointment package.

4. If we miss the interview appointment, we have another year to respond (reschedule) or we risk the 203(G) letter.

 

If this is correct, I don't see any issues with targeting our interviews and medicals for around Jan-Mar 2023, and then we leave June 2023.  I will file the DS 260s in January 2022, then drag out the rest of the I-864, financial docs, civil docs, NBI over 2022.  Perhaps finalize and submit in fall of 2022.  If the interview is too early, considering we want to leave June 2023, we will miss it and reschedule.

 

[intothelight2021 19]

On 12/11/2021 at 4:10 AM, seekingthetruth said:

 

@payxibka @Hank @JeanneAdil

 

I think Hank meant "start" up there?

 

I started a new topic similar to this one to get updated information.  Our situation changed.  When I started this topic a year ago, we kinda fit within "normal" timelines.  Now, we are delaying for one year and trying to push the process out further, into 2023.

https://www.visajourney.com/forums/topic/775443-ir-1-ir-2-stalling-keeping-case-alive-techniques/

 

I wanted to touch back on this original topic for clarification.  I have dug up some good information on INA 203(G), in the FAM (Foreign Affairs Manual).

 

https://fam.state.gov/fam/09FAM/09FAM050413.html

 

9 FAM 504.13-2  INACTIVE CASES

9 FAM 504.13-2(A)  Termination of Inactive Cases

(CT:VISA-1413;   11-03-2021)

INA 203(g) provides for termination of registration of the visa petition of any individual who fails to apply for an IV within one year following notification to the applicant of the availability of a visa.  But INA 203(g) also permits reinstatement of the registration where the individual establishes within 2 years following the date of notification of the availability of such visa that such failure was due to circumstances beyond their control.

9 FAM 504.13-2(A)(1)  When a Case is “Inactive”

(CT:VISA-1413;   11-03-2021)

An applicant becomes liable to possible termination of registration under INA 203(g) if the applicant:

(1)  Has not made an application for a visa within one year of notice of visa availability.  The beneficiary has one year to make an application for a visa, beginning on the date the notice of visa availability is issued.

(2)  Does not respond to the appointment notice included with the Immigrant Visa Appointment Package, meaning that the applicant fails to appear for a visa application interview on the scheduled appointment date and fails to take further action on the case within one year of the scheduled interview;

(3)  Is refused at the interview under INA 221(g), and fails to present evidence purporting to overcome the basis for a refusal under INA 221(g) within one-year following the refusal; or

(4)  Fails to comply with the Follow-up Instruction Package for Immigrant Visa Applicants or logs into their CEAC account within one year.

 

So, my interpretation of all the information is this:

 

1.  The beneficiary has one year to file an application after "notice of visa availability", which I think is the NVC Welcome e-mail.  In our case, this is about 2/26/21.  That means we must file the DS 260 by 2/25/22 or risk getting a 203(g) letter.  This has no bearing on the I-864 or supporting documents. 

2. After filing the DS 260, the case will be open at NVC as long as we are active on CEAC.  Logging in, adding documents, deleting documents, etc.  Probably no need to call, as Payxibka indicated.

3.  When ready, we submit everything and wait for approval and Visa Appointment package.

4. If we miss the interview appointment, we have another year to respond (reschedule) or we risk the 203(G) letter.

 

If this is correct, I don't see any issues with targeting our interviews and medicals for around Jan-Mar 2023, and then we leave June 2023.  I will file the DS 260s in January 2022, then drag out the rest of the I-864, financial docs, civil docs, NBI over 2022.  Perhaps finalize and submit in fall of 2022.  If the interview is too early, considering we want to leave June 2023, we will miss it and reschedule.

 

hi seeking the truth! 

 

Just reading this, I wonder if it happened that way/you are still following this timeline. 

[seekingthetruth 1,246]

2 hours ago, intothelight2021 said:

hi seeking the truth! 

 

Just reading this, I wonder if it happened that way/you are still following this timeline. 

We are still in a holding pattern but I think that we are going to start moving forward again.

 

We were very discouraged because of all the negative things going on in the U.S., but I think we are going to push through.  I need to get my wife 5 years residency so she can benefit from my Social Security after I am gone.

[Dave Knapp 47]

3 hours ago, seekingthetruth said:

We are still in a holding pattern but I think that we are going to start moving forward again.

 

We were very discouraged because of all the negative things going on in the U.S., but I think we are going to push through.  I need to get my wife 5 years residency so she can benefit from my Social Security after I am gone.

We are tip toeing along the same line as you. We applied at NVC on Mar 3, 2022.  Got DQ'd on Oct 22, 2022. Just got an "out of nowhere" Expedite request approved email from NVC on Jan 9, 2023.  We never asked for an expedite and would actually prefer her interview to be after April 15, so we can delay travel until after our 2nd wedding anniversary. I'll let you know what we hear.